BACKGROUND

Is it really April? The early morning light has returned with increased birdsong, the famous cherry trees lining the Capital Building are flocked with thousands of deep pink blossoms, and the 2021 Session is scheduled to finish this month, on the 25th.

Today, April 2, is the last day of committee work on policy bills. This means that the legislature’s work has narrowed to budgets, bills necessary to implement the budget, and bills that have been through both chambers and at least sit in a rules committee. Accordingly, fewer bills get more attention and the intensity of negotiation often increases.

Much of this negotiation has focused on the ‘found’ revenue entering state coffers from federal stimulus legislation. While some of this money has been allocated, other funds are awaiting federal guidance or state direction. The WPPA is engaged in these talks and using a statewide list of port projects to illustrate capital investment opportunity for economic stimulus and job creation.

MODEL TOXICS CLEAN-UP ACT (MTCA)

Full funding for Remedial Action Grants is now embedded in both the Capital Budget passed by the full Senate and the version passed by the House Capital Budget Committee. As these budgets move toward conference negotiations, ports are positioned for success.

TRANSPORTATION

A new revenue transportation bill was finally introduced this week. In the House Transportation Committee on Thursday, WPPA testified in support of the bill. HB 1564, or the Miles Ahead Transportation Package, received mostly positive testimony from about 100 people. The proposal was intended to jump-start the conversation about new revenue for transportation, which has lagged behind other priorities this year. 

We have a more detailed synopsis of Miles Ahead available on our blog. Forward Washington, Sen Hobbs’ new revenue proposal, is scheduled to be re-introduced Monday and for a committee hearing next Tuesday. 

Current law transportation budgets continued to advance with the Senate unanimously advancing SB 5165 out of the chamber on Monday. The House is scheduled to take up the bill later today. The process results in a conference committee between both committee chairs and ranking members which will begin its work in earnest over the weekend. 

BROADBAND

This session’s two high-profile broadband bills addressing retail authority for Ports and PUDs, SB 5383 and HB 1336, advanced this week. HB 1336, the more expansive bill, moved from Rules to the floor calendar in the Senate. The Senate version, SB 5383, was heard in the House Committee on Appropriations, amended, and received executive action advancing it to the House Rules Committee. SB 5383 now contains language stating that it will not pass unless HB 1336 passes. These bills differ significantly in that the Senate version limits retail authority to projects in areas unserved by broadband and the House version applies no restriction. Both bills appear likely to advance and their differences and amendments added throughout the process could create a challenging situation for reconciliation.

Two bills designed to facilitate the installation of broadband along state highway rights-of-way, HB 1457 and SB 5439, both advanced on executive action from their opposite chamber transportation committees this week. The bills, which started the session with varying approaches to this issue, have become identical through negotiated amendments. Success of one of these bills appears likely.

OTHER KEY PRIORITIES

Aviation 

SB 5031 was voted unanimously out of the House Capital Budget Committee this week. The bill would make the Community Aviation Revitalization Loan Program (CARL) permanent. The bill along with its companion, HB 1030, are currently in the Senate Rules Committee. Funding for the CARL program was included in both Capital Budget’s released this week. The House funded the program at $2.5M for the next biennium and the Senate provided $5M. WPPA supports the Senate’s funding for this program. HB 1198 was voted out of Senate Transportation Committee next week with a minor amendment. The bill extends the timeline for the Aviation Coordinating Commission to complete its work.  

Public Works 

SB 5032 was advanced out of the House Capital Budget Committee this week with an amendment that moves the board to be more responsive to creating greater opportunities for woman and minority-owned businesses. The bill extends the sunset for ports and other public owners to use alternative public works procurement processes when constructing capital projects.  

Rail Safety and Labor 

SB 5065 remains in Rules in the House. WPPA pushed for an amendment exempting “shortline”, also known as Class 3 railroads. The amendment failed in committee. We continue to work with legislators to again offer the amendment if the bill is heard on the floor. We encourage affected ports to communicate concerns about this bill with their legislators. WPPA is also watching HB 1418 which is scheduled to be voted out of the Senate Transportation Committee today. An amendment, which addresses WPPA’s concerns, would result in additional consultation between the Utilities & Transportation Committee (UTC) and affected rail stakeholders leading to a recommendation report by UTC prior to next session. 

Public Employee Furloughs

A bill we have been tracking all session has been signed by the President of the Senate and the Speaker of the House and transmitted to the Governor for his review.  SB 5021 ensures that retirement benefits managed by the Department of Retirement Services (such as PERS) are not impacted by furloughs, reduced work hours or mandatory leave without pay resulting from COVID-19.  We are pleased to see this bill pass and will convey our support to the Governor’s office. 

ESSB 5141 Implementing the Recommendations of the Environmental Justice Task Force 

The bill received a significant rewrite and was passed by the House Appropriations Committee on March 31; it will move to the Rules Committee.  The revisions include narrowed definitions and requirements of “covered agencies” as defined in the bill, as well as clarifying and limiting the planning and obligations of covered agencies.   

The revision also narrows the definition of "significant agency actions" for which covered agencies must conduct an environmental justice assessment to the following five categories and to apply only in those instances when an action may cause environmental harm or may affect equitable distribution of benefits: (1) significant legislative rules; (2) new statutory grant or loan program development and adoption; (3) transportation projects that increase state transportation system capacity; (4) major capital of at least $5 million; and (5) the submission of agency request legislation to the office of the governor or the office of financial management for approval.   

Limits are placed on the requirement that covered agencies incorporate environmental justice principles into decision processes for budget development and making expenditures, including by requiring incorporation of principles only to the extent allowed by law, where practicable, consistent with legislative appropriations, and to apply only to applicable expenditures related to programs that address or may cause environmental harms or provide environmental benefits. 

Other changes include modifications of appointments to the Environmental Justice Council, tribal consultation, and the relationship of covered agency actions and the Administrative Procedures Act. 

E3SHB 1091 Clean Fuel Standard (previously Low Carbon Fuel Standard) 

The bill was passed by the Ways and Means Committee on April 1st.  A separate blog post will provide more detail on the significant revisions made by the committee. 

SSB 5126 – Washington Climate Commitment Act    

The bill is in the Rules Committee awaiting floor action.  Negotiations continue on bill language affecting environmental review.  

SHB 1193 Dredged Material Disposal 

The bill is in the Rules Committee awaiting floor action.