Legisletter – January 18, 2019

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Week One
Today is Day 5 of the 105-day 2019 legislative session.
On Tuesday, Gov. Inslee spelled out his priorities for Washington in his annual State of the State address. Emboldened by his party’s recent increase in control in both the House and the Senate, and his exploration of a presidential bid, the governor is more determined than ever to make significant progress on his clean energy and low-carbon agenda. This includes legislation to require 100 percent clean electricity, cleaner fuels and reduced emissions.
Although the governor did not specifically mention his tax plans during this address, Inslee is pushing for an unprecedented $3.7 Billion in new taxes. This is occurring at the same time the state is taking in record level of tax revenue – more than $50 Billion.
The governor’s tax proposals include a 9 percent Capital Gains tax. While there is an attempt in the bill language to exempt farms, livestock and forestry, we are dubious that the exemptions will provide any real relief. The biggest issue is the Internal Revenue Service has made it clear that it considers a Capital Gains tax to be an income tax. And the Washington Policy Center has reported that “for eight decades Washington state Supreme Court jurisprudence has found that income is property and that a graduated income tax is unconstitutional.” In addition, Washington voters have voted against the creation of a state income tax 10 straight times.
The governor also highlighted funding was needed for improvements to the state’s mental health system, orca recovery, K-12 education and affordable housing solutions. We’ll be covering each of these issues in more detail in upcoming Legisletters.
One last thought. Since we sent out the Action Alert on the H2A fee bill earlier this afternoon, we now have the bill number – HB 1398. You can read the bill language now by clicking here.
WFB Bill Tracking Bill Status Report

Upcoming Hearings

Labor & Commerce (Senate) – SHR 1, JACB – 1/22 @ 8:00am
  • SB 5217 – Public Hearing – Concerning industrial insurance wage loss. (If measure is referred to committee.)
Environment, Energy & Technology (Senate) – SHR 1, JACB – 1/23 @ 8:00am
  • SB 5293 – Public Hearing – Concerning energy efficiency.
Housing, Community Development & Veterans (House) – HHR E, JLOB – 1/23 @ 8:00am
  • HB 1137 – Public Hearing – Concerning National Guard pay in state active service for wildland fire response duty.
Rural Development, Agriculture, & Natural Resources (House) – HHR B, JLOB – 1/23 @ 8:00am
  • HB 1188 – Public Hearing – Concerning rangeland fire protection associations. (If measure is referred to committee.)
  • HB 1013 – Exec Session – Concerning the Walla Walla watershed management pilot program.
  • HB 1062 – Exec Session – Expanding access to commercial fishing opportunities.
Ways & Means (Senate) – SHR 4, JACB – 1/23 @ 3:30pm
  • SB 5277 – Public Hearing – Ensuring the funding of agricultural fairs.
Environment & Energy (House) – HHR B, JLOB – 1/24 @ 8:00am
  • HB 1194 – Public Hearing – Preventing toxic pollution that affects public health or the environment. (If measure is referred to committee.)
Local Government (Senate) – SHR 3, JACB – 1/24 @ 8:00am
  • SB 5242 – Public Hearing – Concerning the economic development of rural counties.
  • SB 5243 – Public Hearing – Concerning standing before the growth management hearings board.
  • SB 5245 – Public Hearing – Clarifying what science may be used by cities and counties to designate critical areas.
  • SB 5259 – Public Hearing – Encouraging the success of agriculture on agricultural land.
Agriculture, Water, Natural Resources & Parks (Senate) – SHR 3, JACB – 1/24 @ 1:30pm
  • SB 5102 – Public Hearing – Concerning department of natural resources’ land acquisitions.
  • SB 5103 – Public Hearing – Regarding establishing natural areas.
  • SB 5100 – Public Hearing – Concerning a pilot program for cougar control.
Rural Development, Agriculture, & Natural Resources (House) – HHR B, JLOB – 1/25 @ 10:00am
  • HB 1187 – Public Hearing – Revising hydraulic project eligibility standards under RCW 77.55.181 for conservation district-sponsored fish habitat enhancement projects. (If measure is referred to committee.)
State Government, Tribal Relations & Elections (Senate) – SHR 2, JACB – 1/25 @ 1:30pm
  • SB 5019 – Public Hearing – Modifying the expiration date of certain state fire service mobilization laws.
High Priority Bills
Bill #
Abbrev. Title
Short Description
Status
Sponsor
Position
Gray wolves/lethal removal
Prohibiting the lethal removal of gray wolves.
H RDev, Ag&NR
Appleton
Oppose
Hunting with the aid of dogs
Prohibiting hunting with the aid of dogs for certain purposes.
H RDev, Ag&NR
Appleton
Oppose
HB 1068(SB 5062)
High capacity magazines
Concerning high capacity magazines.
H Civil R & Judi
Valdez
Oppose
HB 1172(SB 5314)
Capital gains tax/prop. tax
Assisting Washington families by improving the fairness of the state’s tax system by enacting a capital gains tax and providing property tax relief.
H Finance
Santos
Oppose
H-2A agricultural program
Concerning the H-2A temporary agricultural program.
Dolan
Oppose
Cougar control pilot program
Concerning a pilot program for cougar control.
S Ag/Water/Natur
Sheldon
Support
SB 5129(HB 1343)
Revenue
Increasing revenues for the support of state government. Gov’s Cap Gains
S Ways & Means
Rolfes
Oppose
SB 5130(HB 1228)
Fish barrier removal funding
Increased REET and vehicle weight fees
S Ways & Means
Rolfes
Oppose
SB 5135(HB 1194)
Toxic pollution
Preventing toxic pollution that affects public health or the environment.
S Environment, E
Rolfes
Oppose
Critical area designation
Clarifying what science may be used by cities and counties to designate critical areas.
S Local Governme
Short
Support
SB 5314(HB 1172)
Capital gains tax/prop. tax
Assisting Washington families by improving the fairness of the state’s tax system by enacting a capital gains tax and providing property tax relief.
S Ways & Means
Wellman
Oppose
SB 5340(HB 1286)
Assault weapons ban
Banning the sale of assault weapons and large capacity magazines.
S Law & Justice
Kuderer
Oppose
H-2A agricultural program
Concerning the H-2A temporary agricultural program.
McCoy
Oppose
Hydraulic projects
Concerning the definition of hydraulic project in relation to the hydraulic project approval permits.
King
Support

Medium Priority Bills

Bill #
Abbrev. Title
Short Description
Status
Sponsor
Position
Horse slaughter
Concerning the slaughter of horses and other equines for human consumption.
H Public Safety
Appleton
Oppose
Rangeland fire associations
Concerning rangeland fire protection associations.
H RDev, Ag&NR
Dent
Support
HB 1283(SB 5277)
Agricultural fair funding
Ensuring the funding of agricultural fairs.
H Approps
Dent
Support
HB 1287(SB 5103)
Natural areas
Regarding establishing natural areas.
H Cap Budget
Griffey
Support
HB 1288(SB 5102)
DNR land acquisitions
Concerning department of natural resources’ land acquisitions.
H Civil R & Judi
MacEwen
Support
SB 5062(HB 1068)
High capacity magazines
Concerning high capacity magazines.
S Law & Justice
Kuderer
Oppose
SB 5102(HB 1288)
DNR land acquisitions
Concerning department of natural resources’ land acquisitions.
S Ag/Water/Natura
Sheldon
Support
SB 5103(HB 1287)
Natural areas
Regarding establishing natural areas.
S Ag/Water/Natura
Sheldon
Support
Rural county economic dev.
Concerning the economic development of rural counties.
S Local Governme
Short
Support
Growth mngmt board standing
Concerning standing before the growth management hearings board.
S Local Governme
Short
Support
GMA/agricultural land
Encouraging the success of agriculture on agricultural land.
S Local Governmen
Zeiger
Support
DFW dog training, nonlethal
Establishing a nonlethal program within the department of fish and wildlife for the purpose of training dogs.
S Ag/Water/Natura
Takko
Support
SB 5330(HB 1273)
Small forest landowners
Analyzing state regulatory impact on small forest landowners.
S Ag/Water/Natur
Braun
Support
SB 5352(HB 1013)
Walla Walla watershed pilot
Concerning the Walla Walla watershed management pilot program.
S Ag/Water/Natur
Walsh
Support
Owner compensation/wells
Promoting just compensation for certain property owners who are prevented from using permit-exempt wells.
S Ag/Water/Natur
Wagoner
Support
Dairy milk assessment fee
Extending the dairy milk assessment fee to June 30, 2025.
Van De Wege
Support
Irrigation district admin.
Concerning the administration of irrigation districts.
Takko
Support

Low Priority Bills

Bill #
Abbrev. Title
Short Description
Status
Sponsor
Position
HB 1160(SB 5214)
Transportation budget 19-21
Making transportation appropriations for the 2019-2021 fiscal biennium.
H Trans
Fey
Neutral

Monitoring Bills

Bill #
Abbrev. Title
Short Description
Status
Sponsor
Position
HB 1013(SB 5352)
Walla Walla watershed pilot
Concerning the Walla Walla watershed management pilot program.
H RDev, Ag&NR
Jenkin
Neutral
Environmental impact process
Concerning processes and criteria for the consideration of environmental impacts under certain environmental laws.
H Env & Energy
Walsh
Neutral
Agency rule-making authority
Concerning agency rule-making authority.
H State Govt & T
Walsh
Neutral
Commercial fishing access
Expanding access to commercial fishing opportunities.
H RDev, Ag&NR
Blake
Neutral
HB 1108(SB 5154)
Supp. operating budget 17-19
Making 2017-2019 biennium second supplemental operating appropriations.
H Approps
Ormsby
Neutral
HB 1109(SB 5153)
Operating budget 2019-2021
Making 2019-2021 biennium operating appropriations.
H Approps
Ormsby
Neutral
HB 1137(SB 5196)
Nat guard pay/wildland fires
Concerning national guard pay in state active service for wildland fire response duty.
H Hous, Com Dev
Leavitt
Neutral
Chehalis basin financing
Concerning the financing of Chehalis basin flood damage reduction and habitat restoration projects.
H Cap Budget
DeBolt
Neutral
HB 1161(SB 5213)
Supp. transportation budget
Making 2017-2019 supplemental transportation appropriations.
H Trans
Fey
Neutral
Low-water landscaping
Encouraging low-water landscaping practices as a drought alleviation tool.
H RDev, Ag&NR
Orwall
Neutral
Fish habitat projects
Revising hydraulic project eligibility standards under RCW 77.55.181 for conservation district-sponsored fish habitat enhancement projects.
H RDev, Ag&NR
Dent
Neutral
HB 1194(SB 5135)
Toxic pollution
Preventing toxic pollution that affects public health or the environment.
H Env & Energy
Doglio
Concerns
HB 1205(SB 5323)
Plastic bags
Reducing pollution from plastic bags by establishing minimum state standards for the use of bags at retail establishments.
H Env & Energy
Peterson
Oppose
Growth mgmt/sup court review
Granting local governments the authority to make challenges related to growth management planning subject to direct review in superior court.
H Env & Energy
Shea
Neutral
Growth mgmt act, repeal of
Repealing growth management planning requirements in chapter 36.70A RCW.
H Env & Energy
Shea
Neutral
Firearm open carry/local gov
Expanding local government authority to regulate firearms.
H Civil R & Judi
Wylie
Neutral
HB 1334(SB 5305)
Electric util wildland fires
Concerning electric utility wildland fire prevention.
H RDev, Ag&NR
Blake
Neutral
Hemp production
Concerning hemp production.
Shea
Neutral
Streambed impacts study
Concerning a comprehensive study of human-caused impacts to streambeds.
Blake
Neutral
Protected lands/fire levies
Concerning protected lands not being assessed local fire district levies.
S Local Governme
Rolfes
Neutral
Animal control/firearms
Allowing animal control officers to carry firearms for personal protection.
S Law & Justice
Van De Wege
Neutral
SB 5019(HB 1170)
Fire service mobilization
Modifying the expiration date of certain state fire service mobilization laws.
S State Govt/Trib
Takko
Neutral
SB 5035(HB 1072)
Prevailing wage laws
Enhancing the prevailing wage laws to ensure contractor and owner accountability and worker protection.
S Labor & Commer
Salda?a
Concerns
Broadband internet access
Providing access to broadband internet services.
S Environment, E
McCoy
Neutral
SB 5134(HB 1102)
Capital budget 2019-2021
Concerning the capital budget.
S Ways & Means
Frockt
Neutral
Water infrastructure program
Establishing the water infrastructure program.
S Ag/Water/Natura
Honeyford
Neutral
SB 5153(HB 1109)
Operating budget 2019-2021
Making 2019-2021 biennium operating appropriations.
S Ways & Means
Rolfes
Oppose
SB 5154(HB 1108)
Supp. operating budget 17-19
Making 2017-2019 biennium second supplemental operating appropriations.
S Ways & Means
Rolfes
Neutral
SB 5213(HB 1161)
Supp. transportation budget
Making 2017-2019 supplemental transportation appropriations.
S Transportation
Hobbs
Neutral
SB 5214(HB 1160)
Transportation budget 19-21
Making transportation appropriations for the 2019-2021 fiscal biennium.
S Transportation
Hobbs
Neutral
Industrial ins. wage loss
Concerning industrial insurance wage loss.
S Labor & Commerc
Keiser
Neutral
Road usage charges/rural
Prohibiting road usage charges in rural counties.
S Transportation
Sheldon
Neutral
Hemp production
Authorizing hemp production in conformance with the agriculture improvement act of 2018.
S Ag/Water/Natur
Ericksen
Neutral
SB 5277(HB 1283)
Agricultural fair funding
Ensuring the funding of agricultural fairs.
S Ways & Means
Warnick
Neutral
SB 5293(HB 1257)
Energy efficiency
Concerning energy efficiency.
S Environment, E
Carlyle
Neutral
SB 5305(HB 1334)
Electric util wildland fires
Concerning electric utility wildland fire prevention.
S Ag/Water/Natur
Van De Wege
Neutral
Electric utilities/climate
Concerning claims about climate change made by electric utilities.
S Environment, En
Ericksen
Neutral
Products identified as milk
Concerning products identified as milk.
S Ag/Water/Natura
Ericksen
Neutral
Rest and meal periods
Concerning rest and meal periods.
S Labor & Commer
Conway
Neutral
Fish habitat projects
Expanding the definition of fish habitat enhancement projects.
Rolfes
Support
SB 5426(HB 1112)
Hydrofluorocarbon emissions
Reducing greenhouse gas emissions from hydrofluorocarbons.
Mullet
Neutral
SJM 8005(HJM 4000)
Biochar
Supporting the continued research, development, production, and application of biochar from our forests and agricultural lands.
S Ag/Water/Natur
Short
Neutral