Friday Legislative Report - January 21, 2022

BACKGROUND

This week, the legislature heard bills on salmon habitat, local government control of firearms, police pursuit, housing density, and data privacy.  These attention-grabbing hearings drew large participation, but a House vote to suspend the Washington Cares Act created the biggest headlines of the week. Following debate over program benefits and solvency, the House voted almost unanimously late Thursday afternoon to suspend the long-term care program for 18 months.

For your WPPA staff, it was a week of reviewing bill language on dozens of issues, testifying at hearings, and watching hours’ worth of testimony.  We are now half-way to the first cutoff and the pace of bill introductions is slowing as the legislature moves toward this deadline.

TRADE, TRANSPORTATION & INFRASTRUCTURE

Public Works Board broadband grants and loans

HB 1673 modifies the application and public notice requirements for the Public Works Board's broadband grant and loan program. The bill was heard and received executive action in the House Committee on Community & Economic Development this week and now sits in the House Capital Budget Committee.

Addressing trucking issues in Washington

The legislature is reviewing several policy bills addressing trucking—parking, access to bathrooms, and safety rest areas. HB1655 creates a pathway to improve access to safety rest areas and HB1706 would require bathroom facilities be made available at locations trucks make pickups and deliveries; both were heard in committee this week.

Next week, truck parking will be in focus as both HB1657 and HB1839 are scheduled to be heard. HB1657 would, among other incentives, relieve Leasehold Excise Tax on port tenants that increase truck parking. HB1839 would allow trucks to use certain chain up locations to park when they are not seasonally required. WPPA supports these bills, provided increased access can be accommodated safely.  

Paid leave for railroad workers

SB5065, a bill introduced last year that would establish a new paid leave framework for railroad workers, was voted out of the Senate Labor, Commerce and Tribal Affairs Committee this week. WPPA continues to have concerns that this bill would affect the viability of the state’s shortline railroads, which are not exempt.

Road Usage Charge

Representative Wicks introduced a bill which would phase in adoption of a road usage charge beginning in 2025. HB2026 is scheduled for a hearing in the House Transportation Committee next Thursday. As more vehicles shift away from using gasoline or diesel, a new revenue model to fund transportation infrastructure will be necessary. WPPA supports the road usage charge as a method to ensure sustainable revenue for transportation.

ENVIRONMENT

Emissions-intensive trade-exposed businesses (EITE)s and carbon reduction

HB1682 creates a compliance pathway specific for EITEs to achieve their share of the state's emissions reduction limits through 2050. House Energy and Environment Committee Chair Joe Fitzgibbon sponsored the bill and heard it his committee this week.  Testimony revealed deep division on the policy which tries to balance job preservation with emissions reduction. WPPA testified to encourage continuing negotiations.

Tax Deferrals for Clean Technology Manufacturing, Clean Alternative Fuels Production, and Renewable Energy Storage

This week, SB5744, “Concerning tax deferrals for investment projects in clean technology manufacturing, clean alternative fuels production, and renewable energy storage,” was heard in the Senate Environment, Energy, and Technology Committee. This bill would create a tax deferral on investments over $2M in new, renovated, or expanded buildings that support clean technology industries. The Association of Washington Business raised concerns about the inclusion of Project Labor Agreements, however, they indicated support for the underlying policy.

 Addressing delays in MTCA-funded projects

SB5895 seeks to reverse a requirement created in a 2019 bill that inadvertently caused delays in implementing MTCA funded projects.  The 2019 language, which the Department of Ecology and ports found unworkable, created the stipulation that local governments have all permits in hand prior to receiving remedial action grant funding.  The bill dropped this week and is expected to be heard soon.

 Derelict Vessels Funding

HB1700 (Representative Paul, D-Oak Harbor) and SB5598 (Senator Lovelett, D-Anacortes), were heard in their respective House and Senate committees. These companion bills call for a transfer of 25 percent of the Watercraft Excise Tax into the Derelict Vessel Removal Account, creating for vessel removal into the future.  Port representatives from the Kitsap Peninsula and Southwest Washington testified in favor, as did several other interest groups. The House bill was swiftly approved and will move on to the Rules Committee, and the Senate bill is scheduled for a committee vote on January 27th.  Thank you to those port officials who have been communicating with legislators about the importance of funding this program.

 Kelp & Eelgrass Conservation

HB1661 (Representative Shewmake, D-Bellingham) and SB5619 (Senator Lovelett, D-Anacortes) are companion bills advanced by the Department of Natural Resources (DNR).  The bills direct DNR to develop a kelp and eelgrass conservation plan, which would include mapping and identification of priority areas, and would require interval reports to the legislature.  WPPA has been in conversation with the DNR about partnering with ports in this process, should either bill be adopted.  WPPA and the Port of Seattle signed in support. 

GOVERNANCE & PORT OPERATIONS

Aerial Imaging

HB1629 (Representative Dolan, D-Olympia) calls for the Department of Commerce to conduct a study of ways in which state and local governments currently use aerial imaging and explore opportunities to cost share or create a central repository of imagery frequently used by government agencies.  The study would include recommendations and requires Commerce to report back to the Legislature by June 1, 2023. WPPA signed in support of this bill.

 Odd Year Elections

HB1727 (Representative Gregerson, D-SeaTac) would eliminate odd-year elections (except special elections) after 2028.  There were more than 600 people signed in or asking to testify in the public hearing held on January 19th with many concerns expressed.  WPPA signed in opposed, primarily because this change would result in a general election ballot that would be unwieldy, and voters could experience ballot fatigue before they got to port or other local elections farther down ballot.

ECONOMIC DEVELOPMENT

Energy Facility Site Evaluation Council (EFSEC)

HB1812 (Representative Fitzgibbon, D-West Seattle) expands projects eligible to opt in to the EFSEC siting process to include clean energy product manufacturing and renewable natural gas facilities (primarily methane).  The bill also makes numerous changes to process and includes a requirement to engage with local governments where a project is proposed.  Ports remain a non-voting member of EFSEC where applicable.