2022 Washington State Legislative Report-Week 3

Week Three

 

Week three of the short 60-day legislative session is complete, and we are now a third of the way through session. Next Thursday, February 3rd is the House of Origin Policy Cutoff where all bills without a fiscal impact must be out of their policy committee to stay alive in 2022. This week Speaker Laurie Jinkins discussed her priorities for the 60-day session and the Senate Chair and Ranking Member of the Senate Housing Committee discussed housing and homelessness legislation. You can view that video here. On Monday, Senator Reuven Carlyle (D-36) announced that he would not be running for re-election in 2022. A few days later Representative Noel Frame (D-36) announced her decision to run for the now open Senate seat.  

This week the Senate passed two bills related to WA Cares, HB 1732 that would delay implementation by 18 months and HB 1733 that would establish voluntary exemptions. On Thursday the Governor signed both bills into law. On Wednesday, January 26th ESD paid family and medical leave advisory group met to discuss the trust fund. Their presentation stated that the balance as of Jan. 22, 2022 is $78.7 million, which equals about the last four weeks of payments. It is unclear at this time how the legislature will address this issue moving forward.  

Last year the Washington State Supreme Court handed down the State v Blake decision which decriminalized simple drug possession. Due to the retroactivity of the decision, courts are currently under pressure to vacate thousands of drug possession convictions.  This week the Senate Law and Justice Committee heard SB 5663 which provides the legal framework to comply with the Blake decision and to refund all legal financial obligations associated with those convictions. The bill passed committee and has now been referred to Ways and Means. 

Of interest this week, Senator Mona Das (D-47) introduced legislation, SB 5932,  that reduces the sales tax rate from 6.5% to 5.5%, providing approximately $2 billion in tax relief to Washingtonians. Also this week, the Senate State Government and Elections Committee heard SB 5909, sponsored by Sen Emily Randall (D-26). The bill would allow Senate and House majority and minority leaders to terminate a state of emergency if the Legislature is not in session and it has been more than 90 days since the Governor declared the state of emergency; it also allows the small leaders to override an executive order prohibiting activities when not in session. 

On Friday, the House passed two bills that clarify sections of the police reform package passed by the Legislature last year. HB 1719 sponsored by Rep. Bronoske (D-38) clarifies that the prohibition on .50 caliber weapons only applies to rifles and not beanbag rounds or less-lethal munitions launchers passed the House 95-0. HB 1735 sponsored by Rep. Jesse Johnson (D-30) clarifies peace officers can use force in behavioral health and other related circumstances passed 90-5. Both bills will now move to the Senate for further consideration. 

After the policy cutoff on Thursday the focus will shift to budget committees. The budget committees are scheduled to meet over the weekend leading up to the fiscal cutoff on February 7th. From there the House and Senate will be on the floor voting bills out of their respective chambers. The House of Origin cutoff is February 15th.

SB 5842 – Concerning state laws that address climate change

This proposal, introduced by Senator Reuven Carlyle in this half of the biennium, creates an Executive Office of Climate Policy & Accountability within the DOE by July 1st, 2022. This office would support GHG emission reduction goals as well as oversee the Cap and Invest program. Public hearing was held in the Senate Environment, Energy & Technology Committee on Wednesday, January 26th, and executive session is scheduled for Wednesday, February 2nd

Senator Carlyle stated during public hearing that his goal is to establish an office to enforce CCA and create a direct line with this office to the legislature. Those testifying in support were predominately made up of groups under the environmental umbrella. EITEs, utilities, and AWB testified in opposition. 

HB 1864 – Concerning economic development through advanced technology leadership and security

This proposal from Representative Boehnke could be a tool that helps our overall efforts around encouraging the CleanTech Alliance economy as well as the workforce.  Public hearing was held in the House Finance Committee on Thursday, January 27th, which we submitted written testimony for.  Executive session has not yet been scheduled.

Important Dates:

 Feb 3 – House of Origin Policy Cutoff

Feb 7 – House of Origin Fiscal Cutoff

Feb 15 – House of Origin Floor Cutoff

Feb 24 – Opposite House Policy Cutoff

Feb 28 – Opposite House Fiscal Cutoff

March 4 – Opposite House Floor Cutoff

Hearings of Interest:

House Environment & Energy – 2/1/2022 8:00 AM

Public Hearing

  • HJR 4209 – Adding a new section to the Washington state Constitution regarding the conservation and protection of the state’s natural resources. (Remote testimony.)
  • HB 2066 – Concerning exemptions for infill development under the state environmental policy act. (Remote testimony.)

Possible Executive Session

  • HB 1682 – Concerning a compliance pathway specific to emissions-intensive, trade-exposed businesses for achieving their proportionate share of the state’s emissions reduction limits through 2050.
  • HB 1814 – Expanding equitable access to the benefits of renewable energy through community solar projects.
  • HB 1799 – Concerning organic materials management.
  • HB 1812 – Modernizing the energy facility site evaluation council to meet the state’s clean energy goals.

House Environment & Energy – 2/3/2022 10:00 AM

Possible Executive Session

  • HB 1964 – Concerning the decommissioning of alternative energy facilities.
  • HB 2066 – Concerning exemptions for infill development under the state environmental policy act.
  • HB 2002 – Concerning the siting of energy infrastructure necessary for the fulfillment of the state’s decarbonization goals.
  • HB 1896 – Providing for responsible environmental management of batteries.

House Capital Budget – 2/1/2022 1:30 PM

Work Session

  • Broadband
    • Update from the State Broadband Office.
    • Update from the Public Works Board.
    • Update from the Community Economic Revitalization Board.

Public Hearing

  • HB 1740 – Concerning the authority of the community economic revitalization board. (Remote testimony.)
  • SHB 1673 – Concerning broadband infrastructure loans and grants made by the public works board. (Remote testimony.)
  • HB 2055 – Providing capital budget matching grants to independent higher education institutions. (Remote testimony.)
  • HB 2097 – Changing the definition of first-time home buyer. (Remote testimony.)
  • HB 2098 – Modifying the interest rate for the low-income home rehabilitation revolving loan program. (Remote testimony.)

House Finance – 1/31/2022 10:00 AM

Public Hearing

  • HB 1846 – Providing a tax preference for rural and nonrural data centers. (Remote testimony.)
  • HB 1459 – Broadening the eligibility requirements and extending the expiration date for the data center tax incentive. (Remote testimony.)
  • HB 1473 – Providing a tax preference for data centers in counties with a certain population. (Remote testimony.)
  • HB 2018 – Creating a three-day shop local and save sales and use tax holiday to benefit all Washington families for certain items $1,000 or less during the month of September. (Remote testimony.)

Executive Session

  • HB 1643 – Exempting a sale or transfer of real property for affordable housing to a nonprofit entity, housing authority, public corporation, county, or municipal corporation from the real estate excise tax.
  • HB 1035 – Providing local governments with options to grant rent relief and preserve affordable housing in their communities.
  • HB 1841 – Incentivizing rental of accessory dwelling units to low-income households.
  • HB 1924 – Changing the expiration date for the sales and use tax exemption of hog fuel to comply with the 2045 deadline for fossil fuel-free electrical generation in Washington state and to protect jobs with health care and retirement benefits in economically distressed communities.

House Finance – 2/1/2022 1:30 PM

Public Hearing

  • HB 1988 – Concerning tax deferrals for investment projects in clean technology manufacturing, clean alternative fuels production, and renewable energy storage. (Remote testimony.)
  • HB 1990 – Concerning a sales and use tax deferral for projects to improve the state route number 167 and Interstate 405 corridor. (Remote testimony.)
  • HB 2096 – Concerning the working families’ tax exemption, also known as the working families tax credit. (Remote testimony.)
  • HB 2099 – Improving tax administration by waiving penalties and imposing interest in certain situations involving delayed tax payments, and by extending a statute of limitations period for certain egregious tax crimes. (Remote testimony.)

Executive Session

  • HB 1819 – Increasing the personal property tax exemption.
  • HJR 4208 – Concerning the taxation of personal property.

House Finance – 2/3/2022 8:00 AM

Public Hearing

  • HB 1914 – Updating and expanding the motion picture competitiveness program. (Remote testimony.) (If measure is referred to committee.)
  • HB 2058 – Concerning the preservation and protection of facilities owned by the state parks and recreation commission that are listed on the Washington heritage register or the national register of historic places. (Remote testimony.)
  • HB 1734 – Concerning taxation of low-proof beverages. (Remote testimony.)
  • HB 2091 – Creating pathways to recovery from addiction by eliminating an obsolete tax preference for the warehousing of opioids and other drugs. (Remote testimony.)

Executive Session

  • HB 1921 – Concerning the valuation of property related to renewable energy for the purposes of property tax and providing for a payment in lieu of taxes for renewable energy facilities.

House Finance – 2/4/2022 8:00 AM

Executive Session

  • HB 1988 – Concerning tax deferrals for investment projects in clean technology manufacturing, clean alternative fuels production, and renewable energy storage.
  • HB 1990 – Concerning a sales and use tax deferral for projects to improve the state route number 167 and Interstate 405 corridor.
  • HB 2096 – Concerning the working families’ tax exemption, also known as the working families tax credit.
  • HB 2099 – Improving tax administration by waiving penalties and imposing interest in certain situations involving delayed tax payments, and by extending a statute of limitations period for certain egregious tax crimes.

Senate Environment, Energy & Technology – 2/1/2022 10:30 AM

Executive Session

  • SB 5544 – Establishing the Washington blockchain work group.

Public Hearing

  • SGA 9245 – Ann E Rendahl, Member, Utilities and Transportation Commission.
  • SB 5895 – Concerning timing restrictions for remedial action grants to local government. (Remote testimony.)
  • HB 1280 – Concerning greenhouse gas emissions reductions in the design of public facilities. (Remote testimony.)

Senate Environment, Energy & Technology – 2/2/2022 8:00 AM

Executive Session

  • SB 5842 – Concerning state laws that address climate change.
  • SB 5910 – Accelerating the availability and use of renewable hydrogen in Washington state.
  • SB 5722 – Reducing greenhouse gas emissions in buildings.
  • SB 5834 – Implementing enterprise-wide technology policies in state government to ensure consistency, security, and responsible use of data.
  • SB 5744 – Concerning tax deferrals for investment projects in clean technology manufacturing, clean alternative fuels production, and renewable energy storage.
  • SB 5803 – Establishing a presumption of liability for wildfires caused by an electric utility’s equipment.
  • SB 5715 – Modifying the definition of broadband or broadband service.
  • SB 5895 – Concerning timing restrictions for remedial action grants to local government.
  • SB 5697 – Renewing Washington’s recycling system and reducing waste.
  • SB 5732 – Concerning green roofs on large commercial and multifamily buildings.
  • SB 5703 – Concerning the use and disclosure of toxic chemicals in cosmetic products.

Senate Ways & Means – 1/31/2022 4:00 PM

Public Hearing

  • SB 5581 – Addressing pupil transportation allocations. (Hearing is on the Proposed Substitute.) (Remote testimony.)
  • SSB 5595 – Concerning prototypical school formulas for physical, social, and emotional support in schools. (Remote testimony.)
  • SB 5933 – Establishing a school seismic safety grant program. (Remote testimony.)
  • SB 5487 – Concerning small school district consolidation incentives for infrastructure enhancement and modernization. (Remote testimony.)
  • SB 5563 – Concerning enrollment stabilization funding to address enrollment declines due to the COVID-19 pandemic. (Remote testimony.)
  • SB 5534 – Concerning the use of verifiable credentials. (Remote testimony.)
  • SSB 5116 – Establishing guidelines for government procurement and use of automated decision systems in order to protect consumers, improve transparency, and create more market predictability. (Remote testimony.)

Executive Session

  • SGA 9289 – Claire Hesselholt, Member, Board of Tax Appeals.
  • SB 5616 – Concerning accounts.
  • SB 5873 – Concerning unemployment insurance, family leave, and medical leave premiums.
  • SB 5791 – Concerning law enforcement officers’ and firefighters’ retirement system benefits.
  • SSB 5555 – Concerning public safety telecommunicators.

Senate Ways & Means – 2/1/2022 4:00 PM

Work Session

  • Tax structure work group

Public Hearing

  • SB 5426 – Improving the equity of Washington state’s tax code by creating the Washington state wealth tax and taxing extraordinary financial intangible assets. (Remote testimony.)
  • SB 5216 – Concerning additional transparency and accountability for tax preferences. (Remote testimony.)
  • SJR 8206 – Amending the state Constitution to provide a homestead property tax exemption. (Remote testimony.)
  • SB 5463 – Exempting a portion of the valuation of residential property from property taxation. (Remote testimony.)
  • SB 5913 – Concerning property tax relief for senior citizens and service-connected disabled veterans. (Remote testimony.)

Senate Ways & Means – 2/3/2022 4:00 PM

Public Hearing

  • SSB 5575 – Adding additional superior court judges in Snohomish county. (Remote testimony.)
  • SB 5701 – Determining monthly wages for workers’ compensation. (Remote testimony.)
  • SSB 5692 – Concerning programming at the department of corrections. (Remote testimony.)
  • SSB 5592 – Eliminating the cost of supervision assessments charged to offenders. (Remote testimony.)
  • SSB 5535 – Repealing requirements for parent payment of the cost of their child’s support, treatment, and confinement. (Remote testimony.)
  • SSB 5626 – Adding a climate resilience element to water system plans. (Remote testimony.)
  • SSB 5567 – Concerning commercial salmon fishing. (Remote testimony.)
  • SSB 5746 – Concerning drought preparedness, response, and funding. (Remote testimony.)

Senate Ways & Means – 2/4/2022 9:00 AM

Public Hearing

  • SSB 5600 – Concerning the sustainability and expansion of state registered apprenticeship programs. (Remote testimony.)
  • SSB 5793 – Allowing compensation for lived experience on boards, commissions, councils, committees, and other similar groups. (Remote testimony.)

Clean Tech Alliance Bill Status & Upcoming Events Report

Bill #Abbrev. TitleShort DescriptionStatusSponsor
HB 1036Transportation fuel/carbonReducing greenhouse gas emissions by reducing the carbon intensity of transportation fuel.H Env & EnergyFitzgibbon
HB 1046Community solar programsConcerning community solar programs.H Env & EnergyBateman
SHB 1084 (SB 5093)Building decarbonizationReducing statewide greenhouse gas emissions by achieving greater decarbonization of residential and commercial buildings.H AppropsRamel
HB 1093 (SB 5091)Operating budget, 2nd supp.Making 2019-2021 fiscal biennium second supplemental operating appropriations.H AppropsOrmsby
SHB 1094 (ESSB 5092)Operating budgetMaking 2021-2023 fiscal biennium operating appropriations.H Rules XOrmsby
SHB 1103 (SB 5366)Building materialsImproving environmental and social outcomes with the production of building materials.H AppropsDuerr
HB 1125Energy investmentsIncentivizing investment in energy conservation and efficiency measures and expanding opportunities for energy rate discounts to, among other objectives, reduce the energy burden of low-income customers and vulnerable populations.H Env & EnergyShewmake
HB 1130Energy supply/consumersConcerning consumer affordability and reliability in energy supply.H Env & EnergyDye
2SHB 1173State lands development authConcerning state lands development authorities.H Rules 3CBerry
HB 1280Greenhouse gas/facilitiesConcerning greenhouse gas emissions reductions in the design of public facilities.S Environment, EnRamel
SHB 1406 (SB 5426)Wealth taxImproving the equity of Washington state’s tax code by creating the Washington state wealth tax and taxing extraordinary financial intangible assets.H AppropsFrame
HB 1513Carbon emissionsImproving environmental health by reducing carbon emissions through increasing climate resilience and mitigating the effects of climate change by levying a carbon pollution tax, authorizing a climate finance bond program, and investing in clean economic growth.H Env & EnergyLekanoff
HB 1534Carbon pollution taxEstablishing a carbon pollution tax that recognizes the nature of energy-intensive, trade-exposed industries.H Env & EnergyShewmake
HB 1766 (SB 5668)Gas companiesModifying the regulation of gas companies to achieve reductions in greenhouse gas emissions.H Env & EnergyRamel
HB 1767 (SB 5666)Targeted electrificationConcerning the authority of publicly owned electric utilities to engage in targeted electrification through the adoption of plans that establish a finding that utility outreach and investment in the conversion of its customers’ end use equipment from fossil fuels to electricity will provide net benefits to the utility.H Rules RRamel
SHB 1768Energy conservation projectsUpdating definitions applicable to energy conservation projects involving public entities.H Rules RDuerr
SHB 1770 (SB 5669)Energy codesStrengthening energy codes.H Rules RDuerr
HB 1774 (SB 5722)Greenhouse gases/buildingsReducing greenhouse gas emissions in buildings.H Env & EnergyHackney
HB 1781 (SB 5651)Capital budget, supplementalConcerning the capital budget.H Cap BudgetTharinger
HB 1812Energy facility site councilModernizing the energy facility site evaluation council to meet the state’s clean energy goals.H Env & EnergyFitzgibbon
HB 1964Alternative energy decomm.Concerning the decommissioning of alternative energy facilities.H Env & EnergyCorry
HB 1988 (SB 5744)Clean tech. tax deferralsConcerning tax deferrals for investment projects in clean technology manufacturing, clean alternative fuels production, and renewable energy storage.H FinanceShewmake
HB 2002Energy infrastructure sitingConcerning the siting of energy infrastructure necessary for the fulfillment of the state’s decarbonization goals.H Env & EnergyFitzgibbon
SB 5091 (HB 1093)Operating budget, 2nd supp.Making 2019-2021 fiscal biennium second supplemental operating appropriations.S Ways & MeansRolfes
SB 5093 (SHB 1084)Building decarbonizationReducing statewide greenhouse gas emissions by achieving greater decarbonization of residential and commercial buildings.S Environment, ELiias
SB 5168Electric utility advisoryConcerning renewable and nonemitting resources analysis and advisory opinions.S Environment, EShort
SB 5206Energy facility evaluationEliminating expedited processing of an alternative energy resource facility fueled by solar energy on certain designated lands before the energy facility site evaluation council.S Environment, EWarnick
SB 5231 (E3SHB 1091)Transportation fuel/carbonReducing greenhouse gas emissions by reducing the carbon intensity of transportation fuel.S Environment, EStanford
SB 5244Nuclear reactor productionEncouraging the production of advanced nuclear reactors, small modular reactors, and components through the invest in Washington act.S Environment, EBrown
SB 5256 (SHB 1204)Transp. electrificationConcerning the electrification of transportation.S Environment, ELiias
SB 5308Hybrid vehicle feesReducing certain transportation electrification fees on hybrid vehicles.S TransportationShort
SB 5373Carbon pollutionConcerning carbon pollution.S Environment, ELovelett
SB 5415Energy facil site eval cnclConcerning the energy facility site evaluation council.S Environment, ELovelett
SB 5493Residential renewable energyReopening the renewable energy system incentive program for residential-scale systems.S Environment, EnWilson
SB 5651 (HB 1781)Capital budget, supplementalConcerning the capital budget.S Ways & MeansFrockt
SB 5666 (HB 1767)Targeted electrificationConcerning the authority of publicly owned electric utilities to engage in targeted electrification through the adoption of plans that establish a finding that utility outreach and investment in the conversion of its customers’ end use equipment from fossil fuels to electricity will provide net benefits to the utility.S Environment, ELiias
SB 5668 (HB 1766)Gas companiesModifying the regulation of gas companies to achieve reductions in greenhouse gas emissions.S Environment, ELovelett
SB 5669 (SHB 1770)Energy codesStrengthening energy codes.S Environment, EnLiias
SSB 5678Energy project ordersConcerning energy transformation, nonemitting electric generation, and renewable resource project analysis and declaratory orders.S Ways & MeansShort
SB 5722 (HB 1774)Greenhouse gases/buildingsReducing greenhouse gas emissions in buildings.S Environment, ENguyen
SB 5744 (HB 1988)Clean tech. tax deferralsConcerning tax deferrals for investment projects in clean technology manufacturing, clean alternative fuels production, and renewable energy storage.S Environment, ENguyen
SB 5835Workers’ compensationConcerning workers’ compensation.S Labor, Comm &Saldana
SB 5908Clean car authorityCreating the clean car authority as a new state government agency.S State Govt & ELiias
SB 5910HydrogenAccelerating the availability and use of renewable hydrogen in Washington state.S Environment, ECarlyle