Feb 09, 2022  -  Uncategorized

South Sound Chamber of Commerce Legislative Coalition Bill Status & Upcoming Events Report - 2/9/2022

The biggest issue this week is the release of the $16 billion over 16 years transportation package.  This package was negotiated by the majority party chairs of the Transportation committees and did not include their Republican counterparts – as is usually the case with transportation packages.

The package does a number of things.  Most importantly for the SSCCLC, it funds the Connecting WA package using a portion of $2 billion transferred from the operating budget.  While it does not raise gas tax, it does include some controversial elements – specifically a 6 cent tax on fuel exported out of the state, several significant increases in fees, and a tax on local utilities such as telecom.  It contains significant transit and rail spending but does not send any money to local governments at this point.

The package is encompassed in SB 5974 and 5975.

UPCOMING EVENTS

Transportation (Senate) - Virtual - 2/10 @ 8:00am

SB 5974 - Public Hearing - Addressing transportation resources. (Remote testimony.) (High)

 

High Priority Bills

Bill Details

Status

Sponsor

Position


E2SHB 1015

Equitable access to credit

S Business, Finan

Maycumber

Support

Creating the Washington equitable access to credit act.

Establishes the Equitable Access to Credit Program (Program) within the Department of Commerce (Commerce). • Authorizes Commerce to award grants to qualified lending institutions for lending or investing in historically underserved communities. • Creates a credit against business and occupation taxes owed for contributions made to the Program.


2SHB 1241

Growth management act plans

H Rules R

Duerr

Concerns

Planning under the growth management act.

Increases the review and revision cycle for comprehensive plans and Shoreline Master Plans from eight to 10 years. • Requires certain counties and cities to submit an implementation progress report with certain required information to the Department of Commerce (Commerce) five years after reviewing and revising a comprehensive plan. • Requires counties, cities, and other local governments to consult with federally recognized tribes during the planning processes under the Growth Management Act upon receipt of notice from the tribes that they are planning or would like to plan, and requires planning and coordination with tribes on certain aspects of a comprehensive plan. • Provides that a federally recognized tribe may request formal government-to-government consultation with Commerce regarding the tribe's concern that a proposed comprehensive plan or amendment may injure rights reserved to the tribes and requires Commerce to take certain actions in response.


HB 1594

Long-term care/repeal

H Approps

Abbarno

Support

Repealing the long-term services and supports trust program.

Full repeal of the long term care act


SHB 1627

Water & sewage system access

H Rules R

Goehner

Support

Making it possible for more properties to have access to water, storm drains, and sanitary sewage systems.


SHB 1643 (SSB 5642)

Affordable housing/REET

H Rules R

Hackney

Support

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.


SHB 1735

Peace officers/use of force

S Law & Justice

Johnson

 

Modifying the standard for use of force by peace officers.


SHB 1763 (SB 5627)

Workers' comp. exam rights

H Rules R

Bronoske

Oppose

Concerning injured workers' rights during independent medical examinations.

In other types of insurance claims, a judge may order an independent medical examination to be recorded by a professional videographer in order for the recording to be entered into evidence. HB 1763 would allow audio and/or video recordings for workers’ compensation proceedings with no requirement that it be a complete, accurate, professional recording. The bill would allow any adult of an injured worker’s choice to record a medical examination, in full or in part. Upon request, a self-insured employer or L&I may receive a copy of the recording, but not until after the IME report is submitted. This will dissuade medical providers from participating in the IME process, unnecessarily delay appropriate medical treatment for the injured worker, and could even lead to adverse medical outcomes and an inability for that worker to return to gainful employment.


HB 1767 (SB 5666)

Targeted electrification

H Rules R

Ramel

Oppose

Concerning 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.

There are constitutional issues with this in addition to concerns that it could remove resilient, efficient heating from homes in an attempt to just "electrify"


SHB 1770 (SB 5669)

Energy codes

H Rules R

Duerr

Oppose

Strengthening energy codes.

Changes the goal posts for energy efficiency to be "greenhouse gas emission reductions" -- focuses on "requirements" rather than energy efficiency measures. Adds a "reach" code so local governments can choose a stronger residential energy code -- one that would most likely ban new natural gas hook ups similar to local commercial code changes. Amendment in committee added requirement for solar power ready but provided exemption if that not possible.


SHB 1782 (SSB 5670)

Middle housing near transit

H Rules R

Bateman

Support

Creating additional middle housing near transit and in areas traditionally dedicated to single-family detached housing.


HB 1786 (SB 5689)

Transportation budget, supp.

H Transportation

Fey

 

Making supplemental transportation appropriations for the 2021-2023 fiscal biennium.


HB 1787

Law enf. officer funding

H Approps

Stokesbary

 

Providing funding for the recruitment, retention, and support of law enforcement officers.


SHB 1788

Vehicular pursuits

H Rules R

Robertson

 

Concerning vehicular pursuits.


HB 1792

Hydrogen

H Finance

Ramel

Support

Expanding the production, distribution, and use of hydrogen not produced from a fossil fuel feedstock.


HB 1819 (SB 5960)

Property tax exemption

H Finance

Leavitt

Support

Increasing the personal property tax exemption.

Provides exemption from personal property tax for the first $100,000


2SHB 1827 (SSB 5706)

Community reinvestment

H Rules R

Morgan

Support

Creating the community reinvestment account and community reinvestment program.


HB 1837

Musculoskeletal injuries

H Rules R

Bronoske

Oppose

Restoring the state's ability to regulate work-related (ergonomics) musculoskeletal injuries.

This legislation would once again allow L&I to adopt rules restricting the types and duration of activities a worker can perform during a shift, as well as mandate the use of costly equipment or workstation modifications. L&I already has the power to cite employers for ergonomic-related hazards. Moreover, technology and work routines have substantially advanced since L&I last imposed its ill-conceived, impractical, billion-dollar ergonomics rule, which voters soundly repealed. If certain sectors or employers are experiencing an increase in work-related repetitive motion or other musculoskeletal injuries, L&I has the ability to implement a stepped-up education and enforcement approach to address it. A return to unproven, unworkable L&I regulations will force greater automation by employers who can afford to do so, and threatens job losses at small businesses unable to comply.


HB 1845

Body worn camera grants

H 2nd Reading

Mosbrucker

 

Establishing a body worn camera grant program.


HB 1846

Data centers tax preference

H Finance

Berg

Concerns

Providing a tax preference for rural and nonrural data centers.

There are concerns about this because of project labor agreement language


SHB 1880 (SB 5861)

Housing benefit districts

H Finance

Ryu

Concerns

Concerning housing benefit districts.


HB 1912 (SB 5696)

Capital gains tax/repeal

H Finance

Dufault

Support

Repealing the capital gains income tax.


SHB 1981

Local government planning

H 2nd Reading

Pollet

Oppose

Concerning local government planning.


HB 1988 (SSB 5744)

Clean tech. tax deferrals

H Finance

Shewmake

Support

Concerning tax deferrals for investment projects in clean technology manufacturing, clean alternative fuels production, and renewable energy storage.


HB 1990 (SB 5705)

SR 167 & I-405 tax deferral

H Finance

Duerr

Support

Concerning a sales and use tax deferral for projects to improve the state route number 167 and Interstate 405 corridor.


HB 2018

Sales and use tax holiday

H Finance

Paul

 

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.


SHB 2019

Careers in retail

S Higher Ed & Wor

Boehnke

Support

Increasing educational and training opportunities for careers in retail.


HB 2024 (SB 5899)

SR 520 sales tax deferral

H Finance

Fey

 

Concerning a sales and use tax deferral for projects to improve the state route number 520 corridor.


HB 2026

Vehicle per mile charge

H Transportation

Wicks

Concerns

Implementing a per mile charge on vehicles.


SHB 2037

Peace officers/use of force

H Rules R

Goodman

Support

Modifying the standard for use of force by peace officers.


HB 2061

Public improvements/housing

H 2nd Reading

Ormsby

 

Adding permanently affordable housing to the definition of public improvements.


SHB 2076

Transp. network companies

H Rules R

Berry

Oppose

Concerning rights and obligations of transportation network company drivers and transportation network companies.


HB 2089

I-405 & SR 167 bond auth.

H Transportation

Slatter

Support

Modifying the bond authorization for the Interstate 405 and state route number 167 corridor and the Puget Sound Gateway facility.


SHB 2099 (SB 5924)

Tax penalties

H Rules R

Berg

Concerns

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.


HB 2107

Consumer data excise tax

H Finance

Kloba

Concerns

Creating an excise tax on the collection of consumer data by commercial data collectors.


HJR 4208 (SJR 8213)

Personal property taxation

H Finance

Leavitt

Support

Concerning the taxation of personal property.


SSB 5130

Personnel files & discipline

S 2nd Reading

Kuderer

Oppose

Concerning employee's rights concerning personnel files and disciplinary actions.

This bill would effectively undo our state’s employment-at-will doctrine, exposing employers to litigation. NFIB does not object to reasonable worker access to their personnel file, but employers should not be forced to provide “a signed, written statement of the reasons for … discharge” in an at-will state. The bill also prohibits redacting sensitive information, including medical or personally identifiable details.


ESSB 5191

Business practices/emergency

S Rules X

Darneille

Concerns

Regulating unfair business practices and prohibiting predatory price increases during states of emergency.

Prohibits excessive price increases for certain goods and services during a state of emergency. • Provides investigative and enforcement authority with the attorney general. • Imposes a civil penalty of no more than $25,000 per violation. Prohibits an additional civil penalty from being assessed for the same violation under the Consumer Protection Act. Effective Date: The bill contains an emergency clause and takes effect immediately.


SB 5312

Transit-oriented development

H Env & Energy

Mullet

Support

Facilitating transit-oriented development and increasing housing inventory.

Authorizes the use of appropriations to the Growth Management Planning and Environmental Review Fund to fund grants to cities to pay for certain planning-related costs related to transit-oriented development, including subarea plans and environmental impact statements. • Requires the Department of Commerce to prioritize applications for grants to facilitate transit-oriented development to maximize certain specified objectives in the area covered by the grant proposal.


2SSB 5600

Apprenticeship programs

S 2nd Reading

Keiser

Concerns

Concerning the sustainability and expansion of state registered apprenticeship programs.

Attempts to make changes to current apprenticeship laws but does not allow for federal reciprocity or adjusts timeline for approval process.


SB 5627 (SHB 1763)

Workers' comp. exam rights

S Labor, Comm &

Stanford

Oppose

Concerning injured workers' rights during independent medical examinations.

In other types of insurance claims, a judge may order an independent medical examination to be recorded by a professional videographer in order for the recording to be entered into evidence. HB 1763 would allow audio and/or video recordings for workers’ compensation proceedings with no requirement that it be a complete, accurate, professional recording. The bill would allow any adult of an injured worker’s choice to record a medical examination, in full or in part. Upon request, a self-insured employer or L&I may receive a copy of the recording, but not until after the IME report is submitted. This will dissuade medical providers from participating in the IME process, unnecessarily delay appropriate medical treatment for the injured worker, and could even lead to adverse medical outcomes and an inability for that worker to return to gainful employment.


SSB 5642 (SHB 1643)

Affordable housing/REET

S Ways & Means

Mullet

Support

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.


2SSB 5649

Family and medical leave

S Rules 2

Robinson

Concerns

Modifying the Washington state paid family and medical leave act.

 â€¢ Provides up to 14 calendar days of paid family leave, within existing leave limits, in certain situations following the death of the employee's family member or child. • Specifies that leave taken by certain employees in the first six weeks after giving birth must be medical leave, unless the employee chooses to use family leave. • Expires the collective bargaining exception contained in the Paid Family and Medical Leave program. • Authorizes the Employment Security Department (ESD) to issue a predetermination of eligibility and benefits prior to the employee's start of leave. • Requires ESD to publish on its website a list of employers with approved voluntary plans.


2SSB 5663

State v. Blake procedures

S Rules 2

Dhingra

 

Establishing streamlined procedures for compliance with the State v. Blake decision in order to improve criminal justice system coordination, create efficiencies, and reduce costs.


SSB 5670 (SHB 1782)

Middle housing near transit

S Ways & Means

Das

Support

Creating additional middle housing near transit and in areas traditionally dedicated to single-family detached housing.


SB 5705 (HB 1990)

SR 167 & I-405 tax deferral

S Ways & Means

Kuderer

Support

Concerning a sales and use tax deferral for projects to improve the state route number 167 and Interstate 405 corridor.


SSB 5722 (HB 1774)

Greenhouse gases/buildings

S Rules 2

Nguyen

Neutral

Reducing greenhouse gas emissions in buildings.


SSB 5758

Condominium conversions

S 2nd Reading

Gildon

Support

Concerning condominium conversions.


SSB 5761

Wage and salary information

S 2nd Reading

Randall

Oppose

Concerning employer requirements for providing wage and salary information to applicants for employment.


SB 5781

Organized retail theft

S 2nd Reading

Padden

Support

Concerning organized retail theft.

This bill increases the penalities for organized retail theft. This is a serious and growing problem that demands stronger penalties as well as additional resources for law enforcement


SB 5801

Industrial insurance appeals

S 2nd Reading

Keiser

Oppose

Concerning attorney and witness fees in industrial insurance court appeals.

Small businesses are at a substantial disadvantage when appealing workers’ compensation decisions, both within L&I and at the Board of Industrial Insurance Appeals. Often, the only opportunity at a fair hearing in these cases is before a judge and jury. In recognition of this, current law does not apply the “loser pays” standard to State Fund employers. On average, these cases cost the State Fund about $500,000 per year – out of a $2 BILLION system. This bill would change the current process, forcing small employers to pay not only their own legal costs, but those of their opponents


SSB 5873 (HB 2031)

Unemployment insurance

S 2nd Reading

Keiser

Support

Concerning unemployment insurance, family leave, and medical leave premiums.

The unemployment trust fund is recovering from pandemic-related losses, but too many small businesses still are not. This bill would provide a two-year reduction in the scheduled increase for the social tax component of UI rates for the remainder of 2021 and 2022. It would also cap the social-tax modifier for small businesses with 10 or fewer employees. This welcome bit of relief would come from the UI trust fund and federal funds; there is no General Fund-State appropriation. Even with this slight reduction in planned tax increases, the trust fund is anticipated to rebound to $4.5 billion in 2025, about $265 million less than the $4.8 billion expected under the current tax increase schedule.


SSB 5891

Warehouse dist. centers

S 2nd Reading

Conway

Oppose

Concerning warehouse distribution centers.


SB 5898

Vehicle fees/state bonds

S Passed 3rd

Liias

 

Concerning the use of vehicle-related fees to fulfill certain state general obligation bonds.


SB 5899 (HB 2024)

SR 520 sales tax deferral

S Transportation

Liias

 

Concerning a sales and use tax deferral for projects to improve the state route number 520 corridor.


SB 5901

Economic dev. tax incentives

S Ways & Means

Randall

 

Concerning economic development tax incentives for targeted counties.


SSB 5910

Hydrogen

S Rules 2

Carlyle

Support

Accelerating the availability and use of renewable hydrogen in Washington state.

Establishes a statewide office for renewable fuels. This will beef up the coordination of creation, distribution and use of hydrogen as well as other renewable gas. This will be a key bill for better moving towards a transportation system and construction uses that is not solely focused on electrification.


SB 5960 (HB 1819)

Property tax exemption

S Ways & Means

Hunt

Support

Increasing the personal property tax exemption.


SB 5974

Transportation resources

S Transportation

Liias

 

Addressing transportation resources.


SB 5975

Additive transp. funding

S Transportation

Liias

 

Concerning additive transportation funding and appropriations.


SJR 8213 (HJR 4208)

Personal property taxation

S Ways & Means

Hunt

Support

Concerning the taxation of personal property.


Medium Priority Bills

Bill Details

Status

Sponsor

Position


HB 1035

Rent relief & housing

H Finance

Kloba

 

Providing local governments with options to grant rent relief and preserve affordable housing in their communities.

READ FULL BILL SUMMARY/REPORT HERE - http://lawfilesext.leg.wa.gov/biennium/2021-22/Pdf/Bill%20Reports/House/1035%20HBA%20FIN%2021.pdf?q=20210218162841


SHB 1103 (SB 5366)

Building materials

H Approps

Duerr

Concerns

Improving environmental and social outcomes with the production of building materials.


SHB 1300

Landlord damage claims

H Rules R

Thai

Oppose

Addressing documentation and processes governing landlords' claims for damage to residential premises.


HB 1430

State upland leases

S Ag/Water/Natura

Kloba

Support

Concerning the duration of state upland leases for lands managed by the department of natural resources.


HB 1613

Employer reports/private

H 2nd Reading

Sells

Neutral

Concerning shared reporting responsibilities for both the paid family and medical leave and the long-term services and supports trust programs to clarify that information collected from employer reports shall remain private.


SHB 1614 (SB 5533)

Online marketplaces

H Rules R

Kirby

Concerns

Concerning online marketplace consumer product theft and safety protection.


SHB 1660 (SB 5648)

Accessory dwelling units

H Rules R

Shewmake

Support

Concerning accessory dwelling units.

Updates ADU language to require cities and counties to adopt ordinances that do not put owner occupancy requirements on ADUs unless used for short term rentals.


SHB 1673 (SSB 5580)

Public works board/broadband

H 2nd Reading

Ryu

 

Concerning broadband infrastructure loans and grants made by the public works board.

Expands eligibility for grants.


HB 1711

Accessory dwelling units

H Rules R

Pollet

Concerns

Concerning accessory dwelling units.

Similar to the other bill requiring cities and counties to allow ADUs for long term rentals


HB 1714

Impact fee deferrals

H Rules R

Duerr

Concerns

Concerning impact fee deferrals.


SHB 1717

GMA planning/tribes

H 2nd Reading

Pollet

Oppose

Concerning tribal participation in planning under the growth management act.


SHB 1794

Dishonored paycheck fees

H Passed 3rd

Hoff

Neutral

Requiring an employer to reimburse employee fees when a paycheck is dishonored by nonacceptance or nonpayment.


ESHB 1795

Nondisclosure/illegal acts

H Passed 3rd

Berry

Concerns

Prohibiting nondisclosure and nondisparagement provisions from employers regarding illegal acts of discrimination, harassment, retaliation, wage and hour violations, and sexual assault.


2SHB 1812

Energy facility site council

H Rules R

Fitzgibbon

 

Modernizing the energy facility site evaluation council to meet the state's clean energy goals.


SHB 1850

Data privacy

H Approps

Slatter

Concerns

Protecting and enforcing the foundational data privacy rights of Washingtonians.


HB 2015

Working families' tax credit

H Finance

Stokesbary

Support

Providing sales tax relief by expanding the working families' tax credit.


2SSB 5241

Economic inclusion

H Hous, Human Svc

Dhingra

 

Promoting economic inclusion.

READ FULL BILL SUMMARY/REPORT HERE - http://lawfilesext.leg.wa.gov/biennium/2021-22/Pdf/Bill%20Reports/Senate/5241%20SBA%20WM%2021.pdf?q=20210218164726


ESSB 5268

Dev. disability services

H Hous, Human Svc

Keiser

 

Transforming services for individuals with intellectual and developmental disabilities by increasing the capabilities of community residential settings and redesigning the long-term nature of intermediate care facilities.

READ FULL BILL SUMMARY/REPORT HERE - http://lawfilesext.leg.wa.gov/biennium/2021-22/Pdf/Bill%20Reports/Senate/5268%20SBA%20WM%2021.pdf?q=20210218164937


SB 5510

Transp. benefit district tax

S Passed 3rd

King

 

Concerning renewal of the sales and use tax for transportation benefit districts.


SB 5520

Harassment & discrim. NDAs

S Rules 2

Keiser

Concerns

Disclosing harassment and discrimination.


SSB 5528 (HB 2062)

RTA supplemental revenue

S 2nd Reading

Pedersen

 

Concerning the imposition of additive revenue sources within a regional transit authority area.


SB 5533 (SHB 1614)

Online marketplaces

S Environment, E

Keiser

Oppose

Concerning online marketplace consumer product theft and safety protection.


SSB 5564

Employee assistance programs

S 2nd Reading

Keiser

Concerns

Protecting the confidentiality of employees using employee assistance programs.


SB 5576

Eviction

S 2nd Reading

Kuderer

Concerns

Addressing landlord-tenant relations by providing technical changes to eviction notice and summons forms and modifying certain eviction processes and programs.


SSB 5580 (SHB 1673)

Public works board/broadband

S 2nd Reading

Wellman

 

Concerning broadband infrastructure loans and grants made by the public works board.

Expands eligibility for grants.


SSB 5626

Water system plans/climate

S Rules 2

Rolfes

 

Adding a climate resilience element to water system plans.


SSB 5678

Energy project orders

S Rules 2

Short

Support

Concerning energy transformation, nonemitting electric generation, and renewable resource project analysis and declaratory orders.


SB 5823

Local infra. project areas

S Rules 2

Das

 

Addressing local infrastructure project areas.


2SSB 5842

Climate change

S 2nd Reading

Carlyle

Concerns

Concerning state laws that address climate change.


SSB 5862

Commercial energy program

S Passed 3rd

Lovelett

 

Concerning technical changes to the commercial property assessed clean energy and resiliency program.


SB 5926

Investment services/tax

S Ways & Means

Robinson

 

Concerning capital gains taxation of certain investment management services provided to a partnership or similar entity.


SSB 5964

Local permit review process

S Rules 2

Mullet

Neutral

Concerning consolidated local permit review processes.


SB 5967

Financial instit./climate

S Ways & Means

Carlyle

 

Imposing a state climate resiliency and mitigation surcharge on large financial institutions financing the global fossil fuel industry while recognizing the financial institution industry's efforts to address climate change.


 

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