Friday Legislative Report - March 26, 2021

BACKGROUND

As the 2021 Legislative Session rapidly gathers momentum, hurdling it toward its inevitable conclusion, there is one word on everyone’s minds this week: money. To be fair, this is a word often on the minds of legislators as they consider the many necessities of the residents of Washington, balancing a deep well of need with a finite budget.

Indeed, the House and Senate Democrats released their budgets earlier this week, and as the majority party, these budgets carry a lot of water in terms of what they choose to prioritize. For ports, the budgets were a mixed bag, with overall more cause for celebration than consolation. Many of our direct asks, like MTCA funding, were heard and funded…thanks in large part to the work port members did in talking to their legislators. Thank you.

 We continue to be concerned with the state of the transportation budget, however, which Senator Steve Hobbs (who actually joined WPPA membership for a talk earlier this week with Senator Curtis King) described as being held together with “duct tape, bondo, and bailing wire.” Not a comforting sentiment when you consider how vital transportation funding is to sustaining Washington’s long-term economic growth. You can read our detailed write up of the budgets on our blog.

This brings us to another key part of our work this week- telling ports’ stories to the legislature to ensure our communities benefit from the American Rescue Plan Act stimulus funds. We’re working hard to gather capital projects from every port to help represent you in our continuing talks with legislators on how very helpful ports can be in stimulating local economic activity in the diverse regions of our state.

MODEL TOXICS CLEAN-UP ACT (MTCA)

WPPA’s top budget priority, Remedial Action Grants, are fully funded in both the Senate and House Committee Capital Budget proposals. This is a huge win for the port community and a direct result of the work members did with legislators this session. For more on the budget, you can refer again to our blog post analysis.

TRANSPORTATION

Transportation budgets for the 2021-23 biennium were released this week. Despite an infusion of $1B from of American Rescue Plan Act federal stimulus, the budget continues to see cuts and deferrals to projects and programs important to ports. The federal dollars help to keep existing projects like the Gateway Program on schedule (for now) and also creates capacity to invest $726M into state fish passage barrier projects. No significant new money is allocated to maintenance and preservation of the system. Furthermore, the budget revenue forecast suggests we will continue to see revenue shortfalls related to COVID-19 changes in travel patterns well into the future. Ports need to remain vigilant and defend important projects and programs. For more details on the transportation budgets see our detailed blog post. 

Senate Transportation Chair Steve Hobbs and Ranking Member Sen Curtis King joined us this Wednesday to discuss budgets and other highlights. If you missed the conversation, you can watch the replay.  

Discussions about new revenue for transportation continue in Olympia. However, concern is rising that formal bill language has yet to be introduced. Representative Fey intends to release the transportation spending side of his new revenue proposal, HB 1136, next Tuesday morning and will hear it immediately in committee Tuesday afternoon. Keep Washington Rolling, an interest group designed to advocate for new revenue transportation spending is working to circulate a letter encouraging legislators to move on new revenue discussions now. You can learn more and sign the letter here. 

BROADBAND

This session’s two high-profile broadband bills addressing retail authority for Ports and PUDs, SB 5383 and HB 1336, advanced this week. These bills, which differ significantly on how to expand authority, were both amended prior to being moved out of committee on executive action. This has slightly narrowed their differences, but big gaps remain.  

You can watch these hearings on TVW: 

• HB 1336 in Senate Environment, Energy & Technology 

• SB 5383 in House Community & Economic Development Committee 

Two bills that are not identical but are both designed to facilitating the installation of broadband along state highway rights-of-way continue to move in this session. The House version, HB 1457, is scheduled for executive session in the Senate Committee on Transportation on March 30. The Senate version, SB 5439, is scheduled for executive session in the House Committee on Transportation on March 29. Here is a helpful comparison of the two bills. 

OTHER KEY PRIORITIES

Aviation 

SB 5031 was heard in the House Capital Budget Committee this week. The bill would make the Community Aviation Revitalization Loan Program (CARL) permanent. It’s companion, HB 1030, is 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 $2.5 million for the next biennium and the Senate provided $5 million. WPPA supports the Senate’s funding for this program. HB 1198 is scheduled for executive session in the Senate Transportation Committee next week. The bill extends the timeline for the Aviation Coordinating Commission to complete its work. HB 1379 is also scheduled for exec next week. This bill would establish an unpiloted aircraft system coordinator with WSDOT aviation. This bill was also heard in committee on Monday. 

Public Works 

SB 5032 was not advanced out of the House Capital Budget Committee this week. The bill extends the sunset for ports and other public owners to use alternative public works procurement processes when constructing capital projects. The Capital Projects Advisory Review Board has set a meeting for early next week designed to work through an amendment being offered by Rep Santos. The bill needs to advanced out of committee prior to next Friday’s fiscal committee cut-off to remain alive.  

Rail Safety and Labor 

WPPA testified with concerns on SB 5065 and the House Committee on Labor & Workplace Standards advanced the bill on a party line vote this week. WPPA pushed for an amendment exempting “shortline”, also known as Class 3 railroads. This amendment was offered and failed in committee. We encourage affected ports to communicate with their legislators about their concerns with this bill. The bill continues to extend benefits beyond those afforded by the Paid Family & Medical Leave passed in 2018.  

ESSB 5141 Implementing the Recommendations of the Environmental Justice Task Force 

The bill was further amended and passed by the House Environment and Energy Committee on March 25th and will move the Rules Committee.   

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

The bill has been referred to the Ways and Means Committee and scheduled for a hearing on March 27th.    

SSB 5126 – Washington Climate Commitment Act     

The bill was passed on a narrow vote in the Ways and Means Committee March 22nd.  Two members of the majority voted “without recommendation.”  As noted in previous Weekly Reports, carbon pricing, a low carbon fuel standard, the transportation budget, and environmental justice legislation are linked.   

WPPA is considering opportunities to improve the bill.  The association supports carbon pricing policies to the extent revenue is committed to transportation purposes.  

SHB 1193 Dredged Material Disposal 

 The bill was amended and passed by the Senate Environment, Energy and Technology Committee on March 23rd. The amendment addressed concerns raised by the Puyallup Tribe.