Friday Legislative Report - Jan. 15, 2021
BACKGROUND
The legislature convened this week in a quiet capital devoid of the usual high-energy atmosphere brought by throngs of lobbyists, legislators’ families, press members, and school children. It wasn’t just COVID keeping them at bay. The campus has become a safe zone, surrounded by fencing and protected by Washington State Patrol and National Guardsmen donning riot gear to keep protests at a distance. Legislators convened just long enough to change procedures to allow for remote voting and then scattered to conduct the remainder of the session from distant offices in home districts. This historic time saw the legislature- a normally inflexible institution- stand on its head to perform its business. And perform its business it did-- introducing and moving bills through committees before the close of the first week of this 105-day session. The 2021 legislature promises to be unique in many ways. Please look to us and our communications to connect you to issues important to ports and as a guide through this unprecedented moment.
The Washington Public Ports Association has put together a package of tools, resources, and information for member ports to increase your effectiveness during the legislative session. Check out our blog posts and handouts here, on our newly redesigned "Tools" section of the Advocacy portion of the website.
MODEL TOXICS CLEAN-UP ACT (MTCA)
Governor Inslee’s Capital Budget proposals were heard in the Senate Ways and Means Committee and the House Capital Budget Committee. WPPA submitted written testimony to both committees and we thank all ports who did the same.
In addition to direct lobbying members on our top budget priority, WPPA is leading a stakeholder group to develop shared messages, including the Washington Environmental Council, the Western States Petroleum Association, the Association of Washington Cities, and the Washington State Association of Counties. Joint letters help set boundaries to support appropriate uses and oppose inappropriate uses of MTCA funds.
TRANSPORTATION
The two legislative transportation committees started the 2021 session familiarizing members with current issues; Secretary Roger Millar provided a presentation. On Monday, OFM directed WSDOT to freeze advertising on an undisclosed number of transportation projects. This freeze is responsive to the Governor’s 2021-2023 budget, which proposed redirecting money from previously fully funded projects to fish passage barrier removal ($700 million) and highway maintenance and preservation ($400 million). Freeze details and impacted projects have not been released; we will alert membership once details are available.
On Jan. 19th WPPA will provide Port 101 updates to both the House Transportation Committee and Senate Transportation Committee. Also on Tuesday, Representative Fey will release his new revenue transportation package; you can read more here.
COMMUNITY ECONOMIC REVITALIZATION BOARD (CERB)
The Community Economic Revitalization Board (CERB) is seeking to codify their rural broadband program so that local governments and tribes can apply for CERB funding. SB 5175 has been introduced by Senator Nguyen and will be heard on Friday, January 21st in the Senate Business, Financial Services & Trade Committee. WPPA will testify in support of this proposal.
BROADBAND
The interim was filled with legislative meetings detailing geography, populations, and institutions underserved by broadband. Despite this frenzied work, few broadband bills have appeared. The Governor’s budget directs $45 million to the Public Works Board for broadband initiatives and projects. On January 21, SB 5175, codifying the broadband program in the Community Economic Development Board, will be heard in the Senate Committee on Business, Financial Services & Trade. SB 5110, a bill modifying permitting and taxation for telecommunications companies will also be heard on Jan. 21st in the Senate Committee on Environment, Energy & Technology. This bill currently has little support.
TAX INCREMENT FINANCING (TIF)
A bill has been introduced in each chamber that creates a tax increment financing tool for ports, cities and counties (HB 1189 sponsored by Representatives Duerr and Boehnke, and SB 5211 sponsored by Senators Frockt and Mullet). SB 5211 is already scheduled for a hearing on Thursday, January 21st in the Senate Business, Financial Services & Trade Committee. Ports will testify in support of this measure.
OTHER KEY PRIORITIES
Aviation
Three important aviation-themed bills have been introduced for this session. WPPA will support companion bills HB 1030 and SB 5031 which would make the Community Aviation Revitalization Loan Program permanent. The Governor’s Capital Budget already proposed $5 million for this program in the next biennium. HB 1198 proposes modest changes to the work being performed by the Commercial Aviation Coordinating Commission; read their Phase I report. WPPA strongly supports the Commission’s work to identify sites conducive to future commercial air service, but we have concerns that increasing scope may delay or deter from the commissions primary objective.
Public Works
WPPA supports SB 5032, which received a committee hearing Friday. Authority to use alternative public works tools including Job Order Contracting are set to sunset this year. This bill seeks to extend the use of these important procurement tools as well as the important work of the Capital Projects Advisory Review Board.
House Bill 1091 Clean Fuel Standard (previously Low Carbon Fuel Standard) The WPPA Transportation and Carbon Pricing Work Group considered this policy and did not reach a consensus position. As a result, WPPA will remain neutral on the legislation.
Without stating support or opposition to the bill, the Association testified that the goals of the legislation may be hindered by litigation uncertainty resulting from the State Environmental Policy Act (SEPA). Until addressed, the lack of SEPA guidance will hinder investment in Washington.
Senate Bill 5126 – Washington Climate Commitment Act
By request of Governor Inslee, the bill establishes a Cap and Trade program to be administered by the Department of Ecology. WPPA Trustees authorized the Association to support carbon pricing legislation that is directly tied to investments in transportation. The Governor’s proposal does not include transportation funding and WPPA will oppose his recommendation.
The Cap and Trade pricing mechanism included in SB 5126 is currently the most likely carbon pricing mechanism to pass the legislature. There remains a debate within the Democratic causes among competing carbon pricing mechanisms, carbon fees/taxes have been proposed, but the balance of support from the environmental community is currently with Cap and Trade.
5141 Implementing the Recommendations of the Environmental Justice Task Force
In 2020, the Legislature created a Task Force to consider how environmental statues and agency actions should be changed to address disproportionate health outcomes in overburdened (defined in the act) communities. Policy direction established in the bill relies heavily on the Environmental Health Disparities Map developed the University of Washington.
The act establishes an environmental justice methodology to inform agency decisions and establishes an Environmental Justice Commission to oversee agency implementation of the Act.
WPPA is exploring whether and how to provide constructive comment on the proposed legislation. A more detailed description of the bill will be shared on our blog.