BACKGROUND

The 2021 Legislative Session is remarkable in many ways, perhaps the least of which is the massive number of attendees at several hearings this week.

A bill on broadband authority for ports, for example, had about 1,400 people signed in to express their views. Until this session—really even in the last three weeks—that number would have been inconceivable. This week alone there have been two other hearings that drew over 1,000 people; this may be indicating a trend.

Historically, past Washington legislatures frowned on remote testimony, often making it very difficult- if not outright prohibiting it. In today’s COVID-virtual environment, however, all testimony is taken from remote participants- no requirement to be on the capital campus to sign in and express your views. 

Activists with social media presence leveraging their reach to mobilize sometimes hundreds of people to virtual events now have a new portal to the legislature. Have the challenges brought on by the pandemic forced the legislature to modernize and open their doors to more participation? It appears so. But will these practices remain when our mobility is restored, and people once again gather? That is less certain, although increased public participation is a net gain for Washington’s democratic process.

The broadband bill mentioned above received testimonial support from the leaders with the Ports of Whitman County, Willapa Harbor, Chehalis, and Skagit; WPPA thanks you for your efforts.

Port Day, hosted in tandem with the Washington Maritime Federation, is less than a week away on Tuesday, February 2nd. Have you registered yet? We have a great program designed to bring you key advocacy information from other local government associations and legislative leadership. We also have an equity panel designed to help you better understand how this hot topic relates to your port.

MODEL TOXICS CLEAN-UP ACT (MTCA)

WPPA meet with Senator David Frockt today (Friday) to discuss our concern for the Governor’s proposed uses of MTCA and to ask him to continue to lead the effort to protect these funds for their intended purposes. The MTCA Coalition monitors developments as a group and jointly advocates for our shared interests. The Coalition includes ports, cities, counties, the Washington Environmental Council and the Western States Petroleum Association.

To learn more about the importance of MTCA to ports read “cleaning up.” Recent examples of job creation and environmental restoration can be found at the Port of Tacoma and the Port of Seattle.

TRANSPORTATION

The Governor unfroze nine constructions projects late on Thursday, after receiving commitments from both transportation committee chairs the 2021-2023 budget would fund fish passage barrier removal projects. WPPA and others called on the Governor to lift the project delay, which included three vital port connector projects. 

Senator Steve Hobbs released an updated version of his Forward Washington transportation revenue package this week.  The proposal has two options; cap & invest revenue with a six-cent increase in the gas tax which raises $18B over 16 years, and another option that incorporates a carbon fee instead of cap & trade and raises just over $19B. WPPA testified in support of proposal on Thursday citing the inclusion of important freight funding; read all the details on our blog.  

Also this week, we testified opposed to SB 5232, which prohibits the state from bonding against toll revenue, excepting those at bridge crossings. This would create a potential funding gap in the SR 509/167 Gateway Program and jeopardize a federal INFRA grant award. 

SB 5026, prohibiting port districts with container operations from purchasing fully automated zero-emissions equipment, will be heard in the Senate Housing & Local Government Committee next Tuesday; we will weigh in with concerns. 

COMMUNITY ECONOMIC REVITALIZATION BOARD (CERB)

SB 5175, establishes (in statute) an appropriated loan and grant program for financing broadband infrastructure projects under the authority of the Community Economic Revitalization Board (CERB). The bill moved out of the Senate Committee on Business, Financial Services & Trade Thursday with a “Do Pass” recommendation this week and now sits in the Senate Rules Committee awaiting advancement to a floor vote.

BROADBAND

HB 1336 grants Ports retail broadband authority and was heard on January 27 in the House Committee on Community & Economic Development. The 1,400 people who signed into participate made this one of the largest hearings ever held. This high-profile bill received excellent testimony from Port of Chehalis Executive Director Randy Mueller, Port of Whitman County Executive Director Joe Poire, Port of Willapa Harbor Executive Director Jim Sayce, and Port of Skagit Director of Planning and Facilities Sara Young.

TAX INCREMENT FINANCING (TIF)

The local government tax increment financing proposal continues to move forward. This week, SB 5211 moved from the Senate Business, Financial Services and Trade Committee as a substitute bill, meaning there were a few amendments rolled up into one proposal. The substitute easily passed with six yes votes and was referred to the Senate Ways and Means Committee for further review. The bill may need some additional amendments. In the meantime, the House version, HB 1189, was heard this past week. Two local assessors expressed a few concerns, notably, the cost to implement new increment taxing areas. Continuing discussions are directing at addressing their concerns.

OTHER KEY PRIORITIES

Aviation 

Both HB 1030 and SB 5031 are scheduled for executive session in their respective committees.  The companion bills would make the Community Aviation Revitalization Loan Program permanent.  WPPA supports these bills, and also supports HB 1198, which would extend the deadline for the Commercial Aviation Coordinating Commission to complete its work of selecting a primary site for commercial air service growth in the Puget Sound.  

Public Works 

WPPA is working to advance several important public works bills this session.  HB 1259 would increase small works thresholds to $500,000.  Ports have offered an amendment that would include us in this important increase in threshold authority.  Ports also provided testimony with concerns on SB 5333 this week.  The bill would make certain contractual provisions, like force majeure, unenforceable if it relates to the COVID-19 pandemic.  HB 1308 is scheduled for a hearing next Tuesday in the House Capital Budget Committee.  The bill expands to use of apprenticeships for more public works projects as a way to increase access and opportunity.  WPPA is working with CPARB and the bill sponsor to make sure that the bill is workable and will provide testimony for this important legislation. 

OPMA

There are three bills moving that amend Title 42.30, the Open Public Meetings Act.  Each bill has been heard, and each address different issues relating to remote meetings, taping of meetings, and public testimony.  There are discussions underway to consolidate bills into one proposal.  WPPA has expressed some concern for onerous taping and storage requirements of all meetings, and broad language requiring public comment.  Discussions will continue. 

Economic Development 

Representative Boehnke (Kennewick) is sponsoring HB 1170 to encourage manufacturing activity in our state.  His bill establishes a goal to have the highest share of workforce involved in manufacturing occupations of any state.  The substitute bill that is currently being considered would call for the Department of Commerce to convene stakeholders to set goals and report to the Legislature.  WPPA signed in support for this proposal. 

Freshman Representative Abbarno (Centralia) introduced HB 1263 that would create a competitive grant program for local governments located in rural counties for constructing public facilities infrastructure.  The bill recently received a hearing and WPPA signed in support. 

House Bill 1091 Clean Fuel Standard (previously Low Carbon Fuel Standard)  

The bill is scheduled for a hearing on February 4th in the House Appropriations Committee.  Without taking a position on the CFS policy, WPPA submitted written testimony “other” on the bill to urging the legislature to address weaknesses in the State Environmental Policy Act that will impede the siting of renewable fuel facilities such as renewable diesel fuel. 

In its current version, the bill directs Ecology to update, prior to 2032, CFP rules to further reduce GHG emissions from each unit of transportation fuel for each year through 2050, consistent with statutory state emission reduction limits, excludes exported fuel, fuel used by vessels, railroad locomotives, and aircraft, and certain other categories of transportation fuel from the CFP's GHG emission intensity reduction requirements, requires the CFP to include processes for the registering, reporting, and tracking of compliance obligations and to establish bankable, trade-able credits used to satisfy compliance obligations, requires annual reporting by Ecology on the CFP, as well as an analysis of the program's first five years by the Joint Legislative Audit and Review Committee, and retains the current distribution of revenue under the 2015 Transportation Revenue Package, eliminating changes that would have been triggered as a result of the establishment of a CFP.  

Senate Bill 5126 – Washington Climate Commitment Act

WPPA staff met with the chairman of the Senate Environment, Energy and Technology Committee this week to share our support for carbon pricing mechanisms to the extent they generate revenue for transportation purposes. Of note, the chairman observed that the fate of carbon pricing this session is bound to enacting environmental just, clean fuel standards and transportation legislation. If this is an accurate assessment and an agreement on a each of these policies is a condition for passing any of them, the chances for success narrows. The bill itself can be found here. A summary of the bill is available on WPPA’s blog.

SB 5373 Carbon Tax

The bill is an alternative to the cap and trade bill sponsored by the chairman of the Senate Environment, Energy and Technology Committee. It has not yet been scheduled for a hearing. The bill itself can found here. For a detailed summary of the bill, see the WPPA blog.

HB 1018/SB 5176 Boater Education 

The bill requires operators of human-propelled boats and vessels, including canoes, kayaks, rafts, and stand-up paddleboards to possess a boater education card.  These bills have generated broad opposition.  SB 5176 was heard by the Senate Agriculture, Water, Natural Resources and Parks Committee on Thursday.  Neither bill is  expected to advance.  

SB 5125 Dredged Material Disposal 

WPPA testified in favor of the bill on Tuesday.  It is scheduled for executive session on February 4th and we expect it to advance, pending negotiations with the Department of Ecology on “technical” language.  The bill streamlines permitting of dredged material disposal on the Columbia River, mirroring a bill passed in 2019 affecting the Puget Sound.   

SB 5174 Recycling of Wind Turbine Blades 

As a result of this proposal, the state would require manufactures to establish and pay for the capacity to recover and recycle wind turbine blades.  WPPA is currently neutral on this policy, but it may represent an opportunity for port districts to recruit private businesses competing in the recycling marketplace.  The bill is scheduled for executive session on February 3rd. 

SB 5273 Replacement of Shoreline Armoring 

This is intended to reduce the extent of residential shoreline armoring.  The sponsor has agreed to amendments to address port district concerns. 

5141 Implementing the Recommendations of the Environmental Justice Task Force   

The bill was heard in the Senate Environment, Energy and Technology Committee.  WPPA currently neutral on the bill and will monitor as it moves through the process.  The bill can found here.  A summary of the bill is posted on WPPA’s blog.