INTRODUCTION

Welcome to the Washington Public Port Association’s monthly interim report, the September 2021 edition. This report is designed to keep you posted about your Association’s activities after legislative session concludes. 

WPPA is putting the finishing touches on the agenda for the Small Ports Seminar, scheduled to be held in Leavenworth October 21 and 22, 2021.

We are pleased to be able to offer a pre-conference training event that will expound on how the COVID-19 pandemic has changed the workforce, has influenced human resource polices and affected the insurance industry.  This session has been especially crafted to be helpful to the smaller ports that may not have the resources available to stay informed on this evolving topic. If you’d like to see the complete agenda and register, visit our Small Ports webpage.

Additionally, we’ve had many port visits, tours and legislative interactions.  The WPPA staff have had the opportunity to visit ports and, alongside legislators, learn about exciting new business activities and economic development opportunities.  Some of the highlighted projects include a new brewery proposed in Cathlamet, expanded seafood processing in Westport, bustling oyster growing enterprises on Long Beach, business expansion at the Moses Lake airport property, and a tour of the Snake River hydro facilities.

We went and observed Sunnyside’s industrial water processing and Walla Walla’s water pump and storage plans to benefit future development.  We hope to participate in a few more visits prior to the start of the 2022 legislative session.  A big thanks to all the hosting ports for their time and expertise on their successful projects!

ISSUES

WPPA Legislative Committee

The Committee met again in September to discuss issues that may be considered in the upcoming legislative session.  WPPA staff is taking notes on issues discussed so far, to help sort out and suggest priorities to the Board of Trustees in December.  The final Legislative Committee meeting prior to adopting priorities at the Annual Meeting is on October 25.

Dr. Lisa Brown to attend Tuesday Roundtable on Sept. 28

It’s no secret that the Department of Commerce is expanding programs and aiding ports and other local governments through new authority and funds granted them in the 2021 legislative session.  Their mission is to work with local governments, tribes and businesses to strengthen Washington’s communities and help grow the economy. On Tuesday, September 28th, Dr. Brown and her staff will report on these new developments and highlight opportunities for ports seeking assistance. We hope you will plan to attend!

Blocking Toxic Site Cleanup

The Department of Ecology believes it is required by law to block grant awards for cleanup projects that have not been fully permitted.  We await the agency’s proposed solution.

Derelict vessels

We are working with the Department of Natural Resources, the Recreational Boaters Association of Washington, and the Northwest Marine Trade Association to identify legislative champions.  The DNR proposal would add an additional $5M for derelict vessel removal.

Department of Ecology Environmental Review Study

Required by House Bill 1091, the agency is required to convene stakeholders to discuss improvements to the State Environmental Policy Act.  Gary Nelson, Port of Grays Harbor Executive Director, has agreed to represent WPPA on the stakeholder group.

Permitting maintenance projects in Puget Sound

The National Marine Fisheries Service and the US Army Corps of Engineers remain deadlocked, and permits are not being issued for projects.  Representatives Kilmer and Herrera Beutler have asked the federal agencies have been asked to share a strategy and timeline to solve the problem by October 1, 2021.

Vessel noise

We are tracking proposals that would require mitigation for vessel noise in Puget Sound.  We will continue to work with our partners to educate members on the effects of a new policy.

Carbon emission reduction rule-making

The Department of Ecology has started writing the rules that will guide implementation of the new laws.  There are now 4 separate rule-making processes underway.  These processes are testing both the agency’s capacity to support the volume of rules underway, and stakeholders’ ability to track and participate in the process.

Competing for new carbon-emission reduction funding

WPPA is preparing for the 2023 appropriations competition now.  As our work proceeds, we will provide information to help our members leverage their strategic interests using state funding for emissions reduction.  Unless a transportation package is adopted in 2022, the first appropriations will be available in 2023

Court of Appeals rules changes to Prevailing Wage Statute are unconstitutional

Earlier this month the State Court of Appears ruled that changes made to the prevailing wage statute through legislative action (SB 5493, 2019) are unconstitutional. The changes required Labor and Industries (L&I) to begin using collective bargaining agreements to determine prevailing wages for crafts on a county-by-county basis. Prior to the passage of SB 5493, L&I’s Industrial Statistician set wages by using statistical survey results. Prevailing wage laws affect all ports that perform public works contracts by setting labor rates for all work performed. WPPA is working to understand any near-term effects of this ruling and determine if additional legislative action is imminent. The published opinion from the Court of Appeals can be found here https://www.courts.wa.gov/opinions/pdf/D2%2054465-2-II%20Published%20Opinion.pdf

Public Works Contracting & the Small Work Roster

WPPA along with subject matter experts from the Port of Seattle and the Port of Longview are working to increase contract thresholds allowed through the use of a port district’s Small Works Roster. The current limit allowed for ports is for projects with a cost up to $300,000. This work is complementary to the recently concluded Public Works Contracting Study adopted by the Capital Projects Advisory Review Board which was adopted by the board during their September meeting. Ports have joined with cities, counties, education advocates and others to raise thresholds and consider other reforms to the small works roster process. The goal is to reach consensus with contractors, labor and others on policy which could be considered for legislation during the 2022 legislative session.

 Washington’s Truck Parking Action Plan needs your help

The Washington State Legislature is seeking feedback from the trucking industry, especially truck drivers , on truck parking issues and strategies as part of the Truck Parking Action Plan. Firsthand knowledge from drivers will help better understand current issues and create strategies to address near and long-term parking needs. Please forward information on this survey to truckers serving your port. To learn more about the Truck Parking Action Plan, please visit https://leg.wa.gov/JTC/Pages/truckparking.aspx

Virtual Open House seeks public input on air service demand

The Washington State Department of Transportation has convened a virtual open house designed to solicit feedback on the demand for Air Service and the possibility of building or expanding one or more airports in the Puget Sound region. The open house is part of the work plan assigned to the Commercial Aviation Coordinating Commission, a 26-member commission designed to make recommendations on where to grow airport capacity in order to meet anticipated future demand. You can participate here, or to learn more about the commission and its works here.