Friday Legislative Report - February 4, 2022
Correction: The original post was run without information on the progress of the MTCA bill. This post has been modified to add that information.
BACKGROUND
This week marks an important milestone in the Legislative Session—officially written on the Washington legislative website as the “last day to read in committee reports (pass bills out of committee and read them into the record on the floor) in house of origin, except House fiscal committees and Senate Ways & Means and Transportation committees.” In layman’s terms, this means that some bills are among the chosen to advance toward law, while others are condemned to haunt the great circular file of history.
As always, your advocates at WPPA were busy making sure ports’ priorities moved toward the finish line. Read on for a detailed analysis of these bills by subject area.
TRADE, TRANSPORTATION & INFRASTRUCTURE
Additional funding for transportation advances
Transportation committee chairs Representative Jake Fey and Senator Marko Liias have agreed a transportation package which includes new revenue. Both chairs will participate in a press conference detailing the plan next Tuesday and are scheduled take testimony on the new package in their respective committees next Thursday.
The proposal is expected to include funding for ferry construction, increased spending on maintenance and preservation, and prioritize revenue raised by the Climate Commitment Act. New revenue may include federal money, a transfer from the state’s general fund, and a fee for the export of gasoline refined in Washington. WPPA is seeking more details to assess the impact of such a fee on our position for the broader transportation proposal.
We are closely monitoring this proposal, and early next week will provide you with details on will keep you updated on revenues, specific transportation projects included or left out, and how ports fare in this proposal. Stay tuned….
Trucker safety and parking access issues
Truck parking and access to restroom facilities continue to advance this session. HB1657 would create incentives for the development of truck parking by allowing port tenants developing ten or more spaces to waive leasehold excise tax. The bill advanced out of the House Finance Committee on Friday. HB1706, requiring port terminals provide safe and sufficient restroom access for drayage truck operators, is scheduled to be voted out of the House Transportation Committee on Monday. HB1839, allowing truckers access to park in chain-up areas, is also scheduled to be voted on by the committee Monday as well.
Road usage charge
HB2026 was heard in the House Transportation Committee yesterday. As more zero emission vehicles come online, replacing gasoline or diesel fueled vehicles, a shift to a new revenue model to fund transportation infrastructure will be necessary. WPPA supports the road usage charge as a method to ensure revenue for transportation is sustainable. WPPA also testified that road user fees should be for the exclusive use of improving roadways.
Broadband
Work session on broadband: The House Committee on Capital Budget heard updates on broadband programs from the State Broadband Office, Public Works Board, Community Economic Revitalization Board. Department of Commerce Director Lisa Brown along with program leads provided supporting testimony on program successes and collaboration.
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. The bill was heard in the House Committee on Capital Budget this week but has not yet received executive action.
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 this week and now sits in the Senate Rules Committee.
HB1722, requires cities and counties to allow micro-trenching for the installation of underground fiber, was heard in the House Committee on Local Government but has a stalled after failing to receive executive action.
Broadband assistance & digital equity
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. This week the House Committee on Appropriations laid a second substitute amendment on the bill and voted to advance it to the Senate Rules Committee.
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 House Committee on Capital Budget advanced the bill to the House Rules Committee this week. The Senate’s companion bill, SB5580, is sitting in the Senate Rules Committee.
CERB Broadband Authority
HB1740, sponsored by Representative Jamila Taylor (D- Federal Way), would codify the broadband grant and loan program in CERB, and would permit CERB to approve applications in both rural and urban communities. The bill was heard in the House Capital Budget Committee after an in-depth work session about the various broadband authorities in the Department of Commerce. The Port of Whitman County provided excellent examples of why CERB broadband funds are so important.
ENVIRONMENT
Addressing delays in MTCA-funded projects
SB5895 received public hearing and was voted out of the Senate Committee on Environment, Energy & Technology this week. Port of Bellingham Public Affairs Administrator Mike Hogan and Port of Everett Government Affairs Manager Adam LeMieux provided supporting testimony. 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.
Funding the removal of derelict vessels
The House version of the derelict vessels funding bill continues to move; this week they voted the bill out 94-0 and sent it to the Senate Agriculture, Water, Natural Resources & Parks Committee. The Senate version of the bill is in Senate Ways & Means, and if that version doesn’t move by Monday, February 7th, it will be considered dead, making the House version the likely final bill.
The Senate and House bills are identical, transfer 25 percent of the Watercraft Excise Tax into the Derelict Vessel Removal Account, creating reliable and sustainable funds for vessel removal into the future. Port representatives, the Department of Natural Resources, recreational boaters, and others have been working hard to pass these bills.
Net Ecological Gain – Revived
HB1117, sponsored by Rep. Debra Lekanoff (D–La Conner), would add salmon recovery as a goal to GMA planning, and requires the land use element of comprehensive plans to include a strategy that achieves net ecological gain of salmon habitat. Supporters have expressed the urgency of salmon recovery in Washington, opponents have expressed concerns of cost increases, particularly around transportation projects. There are provisions in the bill to exclude private projects, however opponents have expressed concerns that the scope could be expanded in the future.
Status of Governor Inslee’s Decarbonization Bills
Three of Governor Inslee’s priority bills aimed at decarbonizing the building sector survived the first policy cutoff deadline.
Alive - Reducing greenhouse gas emissions in buildings: SB5722, sponsored by Sen. Joe Nguyen (D-Seattle), would create new tiers of performance standards for buildings between 20,000-49,999 square feet, which would also include large multifamily buildings. The Department of Commerce is tasked with adopting rules starting in 2030. The bill had a public hearing in the Senate Ways & Means Committee, today, February 4.
Alive - Strengthening energy codes: HB1770, sponsored by Rep. Davina Duerr (D-Bothell), proposes a ‘net-zero ready’ requirement for all new construction that begins in 2034. This means each project reduces energy use by 80%, uses all-electric equipment and appliances, implements electrical panel capacity and wiring for solar panels, and incorporates electric vehicle charging and battery storage. Additionally, this bill would allow local jurisdictions to adopt a new statewide ‘reach code’ for residential construction which cities, towns, and counties are currently preempted from doing. The bill is currently in the House Rules Committee.
Alive - Publicly owned electric utilities clarity to engage in targeted electrification: HB1767, sponsored by Rep. Alex Ramel (D-Bellingham) would provide explicit authority for publicly owned utilities to engage in “targeted electrification,” which would allow incentives to be offered to customers if they switch from natural gas to electricity under certain conditions. The bill is currently in the House Rules Committee.
Dead - Modifying the regulation of gas companies to achieve reductions in greenhouse gas emissions: House Bill 1766 /Senate Bill 5668 would have placed restrictions on gas companies from offering new services to certain customers after 2022 and a prohibition of extending service after 2024 without UTC approval. The bill did not advance prior to the first policy deadline and is considered dead for 2022.
GOVERNANCE & PORT OPERATIONS
Voting Rights Act (VRA)
SB5597, sponsored by Senator Rebecca Saldana (D- Seattle), makes some changes to the Washington voting rights act that passed the legislature in 2018. This bill would allow successful VRA claimants to recover costs up to $50,000 for their research expenses, would create a data depository at the UW for VRA information such as best practices, and would require ports to obtain preclearance approval from the state’s Attorney General or Superior Court when making certain changes to voting districts such as when creating at-large positions. The bill has moved out of the first policy committee and has been sent to the Ways & Means Committee for further review.
ECONOMIC DEVELOPMENT
.09 Rural Tax Credit Extension
HB1333, sponsored by Representative Steve Tharinger (D-Port Angeles), was heard this week in Senate Housing & Local Government Committee. The bill was well-received and had a lot of support – in testimony and with interest groups signing in support. The Port of Skagit testified that .09 funds are often leveraged with other funds and promote important partnerships in the community. WPPA is working with the counties and economic development agencies to keep the bill moving.