BACKGROUND

The 2022 Legislative Session is now officially over half-way over, and the occasion was marked by continuing conversation about contentious issues including police use of force, wildfire liability, and limitations on automatic weapons. The democratic caucuses in the legislature have a lot of momentum this year, underlined by the release of a $16.8B, 16-year transportation package—notable perhaps most for its lack of traditional bipartisan negotiations.  You can learn more on this topic by reading on and looking through the coverage WPPA produced of this new package this week.

In crossing the session’s midpoint, the legislature also crossed the cutoff to pass all bills out of fiscal committees. That means the surviving bills now have until next Tuesday to find their way through a rules committee and be voted out of their chamber of origin, and will have to try again next year.

TRADE, TRANSPORTATION & INFRASTRUCTURE

Move Ahead Washington introduced

Transportation Committee chairs Representative Jake Fey and Senator Marko Liias introduced the Move Ahead Transportation package earlier this week. The 16-year, $16.8B package funds a wide variety of transportation projects.

A look at what’s in the package can be found here: https://www.washingtonports.org/blog/2022/2/8/details-for-ports-on-the-move-ahead-washington-transportation-package

A handy infographic on the package:https://www.washingtonports.org/blog/2022/2/9/2022-transportation-package-infographic-where-does-the-money-come-from-where-does-it-go

Lastly, check out our Transportation Thursday vlog: https://www.washingtonports.org/blog/2022/2/10/transportationthursday-vlog-is-back-details-about-what-ports-should-know-about-move-ahead-washington

WPPA advocacy for Move Ahead Washington

Ports have been strong supporters of additional revenue for transportation but do have concerns about certain elements of Move Ahead Washington, detailed below:

·       Balancing eastern and western Washington – Move Ahead Washington was developed by the transportation committee chairs and was negotiated with members of the majority party only, which means certain regions of the state having few or no priorities funded in this proposal. Ports have long supported a non-partisan, balanced, systems-approach to funding transportation as the best way to retain a well-functioning transportation network.

·       Constitutionality of fuel export fee – A fee on the export of fuel refined in Washington but consumed in neighboring states is included in Move Ahead Washington, anticipated to generate just over $2B in revenue. There are concerns that this funding option may not be constitutional, and WPPA fears that a prolonged legal case addressing the export fee’s constitutionality will further delay projects that are already behind. Ports support stable and reliable funding for transportation as the best way to maintain and improve our transportation system.

·       Climate Commitment Act eligibility for ports— WPPA is advocating for increased funding and clear project eligibility for two funding components of the CCA: alternative fuel & electrification ($488M) and rail ($162M). The alternative fuel and electrification component requires greater clarity around project eligibility and currently receives less than 10 percent of the total CCA transportation allocation. This is not enough funding. The rail component currently only funds passenger rail initiatives. WPPA supports freight rail projects for CCA funding eligibility.

·      Port & local government funding— Many programs important to ports and our local partners received little of no funding in the Move Ahead Washington proposal. The Freight Mobility Strategic Investment Board, County Road Administration Board received no funding and the Transportation Improvement Board saw only a small increase in their complete streets program. WSDOT’s Freight Rail Assistance Program and Freight Rail Investment Bank are also left out.

 Ports and local governments are among the most successful applicants in pursuit of competitive federal grants like Rebuilding American Infrastructure with Sustainability and Equity (RAISE). WPPA believes ports and are project partners would be much better positioned to continue to compete for over $100B in competitive grant funding available through the Infrastructure Investment & Jobs Act with even a modest increase in funding to these core transportation programs.

 Despite concerns with Move Ahead Washington, WPPA continues to advocate for programs and projects important to ports.

 Broadband assistance for low-income households

HB1723 establishes the Washington Broadband Assistance Program to provide reduced rates for voice and broadband services for low-income households. The bill also creates the Digital Equity Planning Grant Program to provide grants to local governments, institutions of higher education, and workforce development councils for digital equity planning. HB1723 currently sits on the House floor calendar awaiting action.

 Public Works Board broadband

HB1673 directs the Public Works Board to create a pre-application process for its broadband infrastructure loans and grants program. The bill passed out of the House this week on a vote of 96-0. It’s companion bill SB 5580 is on the Senate floor calendar awaiting action.

 Addressing broadband service speed

SB5715, sponsored by Sen. Lisa Wellman, revises the definition of broadband service to increase service speeds and supports the transition to glass fiber technology. The bill was voted out of the Senate Committee on Environment, Energy & Technology and sits in the Senate Rules Committee.

CERB broadband & micro-trenching- dead

Two broadband bills of interest to ports failed to advance out of committee and will not be considered for further action this session. HB 1740 Codifies the Community Economic Revitalization Board broadband grant and loan program and allows both rural and urban counties and communities to apply for the program. HB1722, requires cities and counties to allow micro-trenching for the installation of underground fiber.

ENVIRONMENT

 Fixing MTCA project delays

SB5895 passed through the Senate this week on a 49-0 vote and will be available for a hearing in the House Committee on Environment and Energy in the coming days. The bill seeks to reverse a 2019 bill’s requirement that local governments have all permits in hand prior to receiving remedial action grant funding, creating significant delays in port projects.

Modifying SEPA to support Energy Infrastructure/State's Decarbonization Goals

HB 2002, sponsored by Rep. Joe Fitzgibbon (D- West Seattle), aimed to streamline the siting and permitting process for new energy infrastructure in Washington state. The bill received support from both business and labor groups; however, several environmental groups raised concerns with potential limitations the bill may place on raising concerns with a project. The bill did not advance out of the House Environment and Energy Committee prior to the cutoff deadline and is considered dead for 2022. 

 Energy Facility Site Evaluation Council (EFSEC)

HB 1812, sponsored by Rep. Joe Fitzgibbon (D-West Seattle), would expand the eligibility of projects that are able 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. House Bill 1812 is currently in the House Rules Committee.

 Derelict Vessels Funding Update

The House version of the derelict vessels funding bill (HB 1700) continues to move.  The bill will be heard in Senate Agriculture, Water, Natural Resources & Parks Committee on February 17th.  Port representatives will be on hand to support this important bill.  As we were told, the House version of the bill is the vehicle to pass this year and the Senate version of the bill (SB 5598) is dead.   

 As a reminder, this bill calls for a transfer of 25% of the Watercraft Excise Tax into the Derelict Vessel Removal Account, creating reliable and sustainable funds for vessel removal into the future.

 Kelp & Eelgrass Conservation

SB 5619 and HB 1661 would direct the Department of Natural Resources (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.  While HB 1661 did not move from the House committee by the deadline and is considered dead, SB 5619 was passed off the floor of the Senate this week with a vote of 49-0.  WPPA has gained assurance from the DNR about partnering with ports in this process, should the bill be adopted. 

 PORT OPERATIONS & GOVERNANCE

 Voting Rights Act (VRA)

SB 5597 makes some notable changes to the Washington voting rights act that passed the legislature in 2018, allowing successful claimants to recover costs up to $50,000 for their expenses (including attorney’s fees). It also creates a data depository at the UW for VRA information such as best practices and would require all ports to obtain pre-clearance approval from the state’s Attorney General or Superior Court when making certain changes to voting practices; for example, creating at large positions or increasing commission seats from 3 to 5, or redistricting. The bill was passed from the Senate by a vote of 29-20 and now moves to the House for further consideration. 

ECONOMIC DEVELOPMENT

Shovel-Ready Site Certification

HB 1958 would create a shovel-ready site certification program for the purposes of pre-determining shovel-ready status.  The Department of Commerce would establish the application process, the criteria and adopt rules.  Also under this bill, CERB is authorized to award planning grants to projects for the costs associated with certification.  The bill was passed out of the House of Representatives this week, 95-0, and referred to the Senate Ways & Means Committee.  WPPA supports the passage of this bill.