South Sound Chamber of Commerce Legislative Coalition Bill Report - 3/19/2021

Mar 23, 2021  -  Business

SOUTH SOUND CHAMBER OF COMMERCE LEGISLATIVE COALITION BILL REPORT - 3/19/21


QUICK UPDATE

We are one week away from the next major cut off date – March 26 is the date that bills must be out of the Opposite House Policy Committees.  Next week will be the last big week of hearings.

The big news this week was the release of the revenue forecast showing our state will bring in $3.3 billion in additional revenue in the next biennium and the projection shows $5.2 billion in additional revenue over the next 4 years.    This is amazing news, especially when we know that we are also expecting significant dollars from the federal government stimulus package to help with COVID recovery.

It is a “K shaped” recovery though with some sectors doing very well and others not doing well at all.  Overall, state employment is down so the economist are exercising some caution.  However, the dollars as so significant, business groups are hoping they will quell any discussion of tax increases this year.

Between this news and the news that the Governor is expanding vaccine eligibility (combined with the fact that it IS spring in the northwest), it appears there is hope on the horizon.

Next week we will see our first budgets from the Senate.  This includes hearings in both the House and Senate on the Transportation packages.  While we haven’t seen exact language, we do expect to see challenges in this arena because gas tax, tolling and other revenues for transportation are down about $700-800 million.  The first challenge will be the “go forward” transportation budget for existing projects.  It is this budget we need to watch carefully for impact on the Gateway projects.

Both houses are also planning to put forward new transportation packages.  I am sending the comparison sheet that I have but details are changing based on negotiations.    Emphasis is being placed on maintenance and preservation.  In addition, we have to solve the culvert issue for fish passage in order to meet the requirements of the court order.

There are several elements that are going to have impact on transportation– one is how the Low Carbon Fuel Standard (HB 1091) will do in the Senate and the other is what happens with SB 5126, the Climate Commitment Act.  Carbon emissions and transportation are aligned this year with SB 5126 actually dedicating $5.2 billion to transportation to supplement gas tax increases.  The House transportation plan relies on a carbon tax and a low carbon fuel standard in addition to gas tax increases.   With carbon issues being highly controversial, this will add a different nuance to the negotiations for a transportation budget.  Normally transportation budgets are bi-partisan, but the carbon discussions could change that dynamic.

Once we have the transportation budgets released, the SSCCLC will need to react.


UPCOMING EVENTS

Children, Youth & Families (House) - Virtual, - 3/24 @ 8:00am

E2SSB 5237 - Exec Session - Expanding accessible, affordable child care and early childhood development programs. (High)

Labor & Workplace Standards (House) - Virtual, - 3/24 @ 10:00am

ESSB 5355 - Exec Session - Establishing wage liens. (Oppose/High)

SSB 5425 - Exec Session - Concerning extended benefits in the unemployment insurance system. (Concerns/High)

Early Learning & K-12 Education (Senate) - Virtual, - 3/24 @ 10:30am

E2SHB 1213 - Exec Session - Expanding accessible, affordable child care and early childhood development programs. (High)

Housing & Local Government (Senate) - Virtual, - 3/24 @ 10:30am

E2SHB 1099 - Exec Session - Improving the state's climate response through updates to the state's comprehensive planning framework. (Oppose/High)

E2SHB 1117 - Exec Session - Promoting salmon recovery through revisions to the state's comprehensive planning framework. (Concerns/High)

E2SHB 1220 - Exec Session - Supporting emergency shelters and housing through local planning and development regulations. (Oppose/High)

ESHB 1241 - Exec Session - Planning under the growth management act. (Concerns/High)

Children, Youth & Families (House) - Virtual, - 3/25 @ 10:00am

E2SSB 5237 - Exec Session - Expanding accessible, affordable child care and early childhood development programs. (High)

Transportation (House) - Virtual, - 3/25 @ 3:30pm

HB 1135 - Exec Session - Making transportation appropriations for the 2021-2023 fiscal biennium. (High)

Transportation (Senate) - Virtual, - 3/25 @ 4:00pm

SB 5165 - Exec Session - Making transportation appropriations for the 2021-2023 fiscal biennium. (High)

Civil Rights & Judiciary (House) - Virtual, - 3/26 @ 8:00am

ESSB 5024 - Exec Session - Reducing barriers to condominium construction. (Support/High)

2SSB 5062 - Exec Session - Concerning the management, oversight, and use of data. (Neutral/High)

Labor & Workplace Standards (House) - Virtual, - 3/26 @ 8:00am

ESSB 5355 - Exec Session - Establishing wage liens. (Oppose/High)

SSB 5425 - Exec Session - Concerning extended benefits in the unemployment insurance system. (Concerns/High)

Ways & Means (Senate) - Virtual, - 3/26 @ 1:00pm

SB 5092 - Public Hearing - Making 2021-2023 fiscal biennium operating appropriations. (Hearing is on the Proposed Substitute.) (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 1033

Employment training program

S RecComm

Leavitt

Support

Concerning the Washington customized employment training program.

Extends the expiration date for the Washington Customized Employment Training Program business and occupation tax credit to July 1, 2026. • Requires the State Board for Community and Technical Colleges to report certain data from the Washington Customized Employment Training Program to the Legislature.


E2SHB 1073

Paid leave coverage

S Ways & Means

Berry

Oppose

Expanding coverage of the paid family and medical leave program.

Provides temporary, alternate eligibility for Paid Family and Medical Leave claims through June 30, 2022.


2SHB 1076

Workplace violations/qui tam

S RecComm

Hansen

Oppose

Allowing whistleblowers to bring actions on behalf of the state for violations of workplace protections.

Authorizes a qui tam action for enforcement of various employment laws under which a relator on behalf of an agency may pursue relief. • Specifies the distribution of any penalties or damages awarded.


HB 1080 (SB 5083)

Capital budget 2021-2023

H Cap Budget

Tharinger

 

Concerning the capital budget. -- Sec 3095 -- $4 million for Wood Stove Changeouts

Appropriates $6.5 billion in new capital projects in the 2021-23 fiscal biennium, of which $4.7 billion is financed through new state general obligation bond issuances. • Reappropriates $4.7 billion in capital projects authorized in prior biennia, of which $3.0 billion is from prior bond authorizations. • Authorizes state agencies and higher education institutions to enter into alternative financing contracts totaling $235.5 million. • Reduces total funding in the 2019-21 fiscal biennium by $13.8 million, of which $4.3 million is state general obligation bond authority


E3SHB 1091 (SB 5231)

Transportation fuel/carbon

S Ways & Means

Fitzgibbon

Oppose

Reducing greenhouse gas emissions by reducing the carbon intensity of transportation fuel.

Directs the Department of Ecology (Ecology) to adopt rules establishing a Clean Fuels Program (CFP) to limit the aggregate, overall greenhouse gas (GHG) emissions per unit of transportation fuel energy to 10 percent below 2017 levels by 2028, and 20 percent below 2017 levels by 2035. • Directs Ecology to update, prior to 2032, CFP rules to further reduce GHG emissions from each unit of transportation fuel for each year through 2050, consistent with statutory state emission reduction limits. • Excludes exported fuel, fuel used by vessels, railroad locomotives, and aircraft, and certain other categories of transportation fuel from the CFP's GHG emission intensity reduction requirements. • Requires the CFP to include processes for registering, reporting, and tracking compliance obligations and to establish bankable, tradeable credits used to satisfy compliance obligations. • Retains the current distribution of revenue under the 2015 Transportation Revenue Package, eliminating changes that would have been triggered as a result of the establishment of a CFP. Requires the Washington State University Energy Program to initiate a program to identify least-conflict priority sites for low-carbon transportation fuel projects, and requires Ecology to periodically convene specified stakeholders to discuss mitigation of significant likely environmental impacts associated with low-carbon transportation fuel projects.


HB 1093 (SB 5091)

Operating budget, 2nd supp.

H Approps

Ormsby

 

Making 2019-2021 fiscal biennium second supplemental operating appropriations.

Makes supplemental changes to operating budget appropriations for the 2019-21 biennium.


HB 1094 (SB 5092)

Operating budget 2021-2023

H Approps

Ormsby

 

Making 2021-2023 fiscal biennium operating appropriations.

Makes biennial operating budget appropriations for the 2021-23 biennium.


ESHB 1097 (SB 5090)

Worker protections

S Rules 2

Sells

Oppose

Increasing worker protections.

Establishes statutory procedures for an employer to contest an order of immediate restraint (OIR) and appeal alleged violations of the OIR, and authorizes the imposition of civil penalties for violations of an OIR. • Makes changes to the Washington Industrial Safety and Health Act's anti-retaliation provisions, including prohibiting acts that would deter a reasonable employee from exercising their rights, expanding the time for filing a complaint, and authorizing civil penalties. • Creates a grant program to assist small businesses in equipment purchases or capital costs during a state of emergency proclamation.


E2SHB 1099

Comprehensive planning

S Housing & Loca

Duerr

Oppose

Improving the state's climate response through updates to the state's comprehensive planning framework.

Adds a goal of climate change mitigation to the listed goals of the Growth Management Act (GMA). • Adds a climate change and resiliency element to the list of elements that must be included within the comprehensive plans that certain counties and cities must adopt under the GMA. • Requires the Department of Commerce (Commerce), in consultation with other state agencies, to publish guidelines that specify a set of actions counties and cities have available to them to take related to greenhouse gas (GHG) emissions reductions and vehicle miles traveled (VMT) reductions. Requires the climate change and resiliency element of the comprehensive plan of certain counties and cities to identify actions the jurisdiction will take, consistent with guidelines adopted by Commerce, to reduce GHG emissions and VMT. • Requires the climate change and resiliency element of the comprehensive plan of certain counties and cities to address the adverse impacts of climate change on people, property, and ecological systems. • Specifies the process by which the GHG emissions reduction subelement of the climate change and resiliency element takes effect. • Requires Commerce to adopt guidance that creates a model climate change and resiliency element. • Requires the Department of Ecology to update its Shoreline Master Program guidelines to require Shoreline Master Programs to address the impact of sea level rise and increased storm severity. • Adds consideration of climate change impacts to the list of elements that must be contained in optional comprehensive flood control management plans. • Makes other changes.


E2SHB 1117

Comp. planning/salmon

S Housing & Local

Lekanoff

Concerns

Promoting salmon recovery through revisions to the state's comprehensive planning framework.

Adds a goal of salmon recovery to the listed goals of the Growth Management Act (GMA). • Requires the land use element of comprehensive plans adopted under the GMA to include a strategy that achieves net ecological gain of salmon habitat. • Requires the capital facilities element and transportation element of comprehensive plans adopted under the GMA to include a schedule for the elimination of all identified fish passage barriers. • Requires the Department of Fish and Wildlife (WDFW) to adopt rules that establish criteria for net ecological gain and consistency with applicable regional salmon recovery plans that certain counties and cities must meet through the adoption of comprehensive plans. Requires development regulations that protect critical areas to apply certain mitigation requirements. • Requires the WDFW to monitor the progress that certain counties and cities have made toward achieving net ecological gain. • Requires the WDFW to provide a report of its monitoring to the Governor, the Legislature, and local governments.


HB 1135 (SB 5165)

Transp. budget 2021-2023

H Transportation

Fey

 

Making transportation appropriations for the 2021-2023 fiscal biennium.

• Makes biennial transportation appropriations for the 2021-23 biennium.


HB 1136 (SB 5166)

Supp. transportation budget

H Transportation

Fey

 

Making 2019-2021 supplemental transportation appropriations.

Makes supplemental transportation appropriations for the 2019-21 biennium.


ESHB 1189 (2SSB 5211)

Tax increment financing

S BFSTDPA

Duerr

Support

Authorizing tax increment financing for local governments.

Authorizes local governments to designate tax increment financing areas and to use increased local property tax collections to fund public improvements.


SHB 1206 (SB 5218)

Temporary workers

S Rules 2

Berry

Oppose

Protecting temporary workers.

Establishes specific standards under the Washington Industrial Safety and Health Act for staffing agencies and worksite employers regarding training, assessing hazards, sharing information, and other requirements.


E2SHB 1213 (E2SSB 5237)

Child care & early dev. exp.

S EL/K-12

Senn

 

Expanding accessible, affordable child care and early childhood development programs.

Establishes a new account for child care and early learning purposes and includes a nonexhaustive list of allowable uses. • Increases eligibility and decreases copayments in the Working Connections Child Care Program and expands eligibility in the Early Childhood Education and Assistance Program. • Provides for increased rates, training, grants, and services for child care and early learning providers. • Increases supports for families of children from birth to age 3, as well as for their providers.


E2SHB 1220

Emergency shelters & housing

S Housing & Loca

Peterson

Oppose

Supporting emergency shelters and housing through local planning and development regulations.

Updates the housing goals of the Growth Management Act to include planning for and accommodating affordable housing. • Requires jurisdictions to address moderate, low, very low, and extremely low-income housing in the housing element of the comprehensive plan. • Requires jurisdictions to address racially disparate impacts and displacement in the housing element of the comprehensive plan. • Requires the Department of Commerce to provide the inventory and analysis of existing and projected housing needs required in the housing element of the comprehensive plan.


ESHB 1241

Growth management act plans

S Housing & Loca

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.


SHB 1279

Main street program

S RecComm

Rule

Support

Modifying the Washington main street program tax incentive to respond to the economic impacts of the COVID-19 pandemic.

Expands the total business and occupation (B&O) tax or public utility tax (PUT) credit allowed under the Main Street Tax Incentive program to 90 percent, for contributions made to a designated local program or the state Main Street Trust Fund beginning in calendar year 2021. • Expands the total tax credits allowed statewide to $5 million and for each designated local program to $160,000 for the Main Street Tax Incentive program. • Specifies that the Department of Revenue must allocate tax credits under the Main Street Tax Incentive program between 8:00 a.m. on the second Monday in January and 8:00 a.m. on April 1 of the same year. • Expands the total B&O tax or PUT credit allowed under the Main Street Tax Incentive program to 90 percent, for contributions made to a designated local program in calendar year 2020. • Allows any tax credits earned under the Main Street Tax Incentive program as a result of contributions made in calendar year 2020 to be carried over until December 31, 2023. Removes any program, taxpayer, or statewide limits on the amount of tax credits provided under the Main Street Tax Incentive program for credits earned as a result of contributions made in calendar year 2020. • Extends the expiration of the Main Street Tax Incentive program until January 1, 2032.


E2SHB 1365

Schools/computers & devices

S Ways & Means

Gregerson

Neutral

Procuring and supporting appropriate computers and devices for public school students and instructional staff.

Directs, subject to state funding, the Office of the Superintendent of Public Instruction (OSPI) to develop and administer a technology grant program to advance the following objectives: (1) attain a universal 1:1 student to learning device ratio; (2) expand technical support and training of school and district staff in using technology to support student learning; and (3) develop district-based and school-based capacity to assist students and their families in accessing and using technology to support student learning. • Requires each educational service district (ESD) to provide technology consultation, procurement, and training according to specified requirements, and allows procurement to be performed in consultation and contract with the Department of Enterprise Services. Requires the OSPI to report to the Legislature biennially with a summary of the activities performed by the ESDs, the status of the state's progress to accomplish its stated objectives, and an update of innovative and collaborative activities occurring across the state to support widespread technology literacy and fluency, as well as student universal access to learning devices.


SHB 1492 (SSB 5425)

Unempl. extended benefits

S Labor, Comm & T

Sells

 

Concerning extended benefits in the unemployment insurance system.

Allows claimants of unemployment insurance to be eligible for extended benefits regardless of whether their 52-week benefit year has expired. • Allows the state's extended benefit program to "trigger on" without having to wait the 13 weeks between extended benefit periods. • Amends a job search provision, for the purposes of federal conformity, regarding denying extended benefits for failing to accept an offer of, or apply for, suitable work.


SHB 1493 (SSB 5427)

Job search monitoring

S Rules 2

Sells

 

Concerning job search monitoring.

Provides the Employment Security Department discretion, for a limited time, regarding the type of job search evidence required from claimants collecting unemployment insurance benefits.


ESHB 1521 (SB 5446)

Warehousing & manuf. jobs

S Ways & Means

Entenman

Support

Supporting warehousing and manufacturing job centers.

Creates the Manufacturing and Warehousing Job Centers Account. Provides for mitigation payments for the support of manufacturing and job centers in manufacturing and warehousing qualified local taxing districts negatively impacted by the Streamlined Sales and Use Tax Agreement.


ESSB 5024

Condominium construction

H Civil R & Judi

Padden

Support

Reducing barriers to condominium construction.

Exempts condominiums with ten or fewer units and no more than two stories from the requirement to submit building enclosure design documents and obtain periodic inspections throughout the course of construction. • Allows deposit funds for the purchase of a unit in a common interest community to be used for construction costs if the declarant maintains a surety bond in favor of the purchaser in the amount of the deposit.


SSB 5025

Consumer protection act

H Rules R

Rolfes

Oppose

Concerning the consumer protection improvement act.

Increases maximum civil penalties for a violation of the Consumer Protection Act. • Establishes an enhanced civil penalty for unlawful acts or practices targeting specific individuals or communities based on demographic characteristics. • Provides civil penalty actions are exempt from limitations restricting the time in which the action must be brought by the State.


SSB 5034

Nonprofit corporations

H Civil R & Judi

Pedersen

Concerns

Concerning nonprofit corporations.

Adopts a new Washington Nonprofit Corporation Act that makes comprehensive changes to the law governing nonprofit corporations.


2SSB 5062

Data

H Civil R & Judi

Carlyle

Neutral

Concerning the management, oversight, and use of data.

Provides Washington residents with the consumer personal data rights of access, correction, deletion, data portability, and opt out of the processing of personal data for specified purposes. • Specifies the thresholds a legal entity must satisfy for the requirements set forth in this act to apply. • Identifies controller responsibilities such as transparency, purpose specification, and data minimization. • Requires controllers to conduct data protection assessments under certain conditions. • Authorizes sole attorney general enforcement under the Consumer Protection Act. • Regulates the processing of data collected for certain contact tracing purposes.


SB 5091 (HB 1093)

Operating budget, 2nd supp.

S Ways & Means

Rolfes

 

Making 2019-2021 fiscal biennium second supplemental operating appropriations.

Makes supplemental changes to operating budget appropriations for the 2019-21 biennium.


SB 5092 (HB 1094)

Operating budget 2021-2023

S Ways & Means

Rolfes

 

Making 2021-2023 fiscal biennium operating appropriations.

Makes biennial operating budget appropriations for the 2021-23 biennium.


ESSB 5096

Capital gains tax

H Finance

Robinson

Oppose

Concerning an excise tax on gains from the sale or exchange of certain capital assets.

Imposes a 7.0 percent capital gains tax beginning January 1, 2022.


ESSB 5097

Paid leave coverage

H Labor & Workpla

Robinson

Oppose

Expanding coverage of the paid family and medical leave program.

Expands the definition of family member in the Paid Family and Medical Leave (PFML) program. • Requires the Employment Security Department to collect and analyze data and submit reports to the Legislature with certain information relating to the PFML program. • Requires the general fund to cover additional leave expenses under certain circumstances.


SB 5165 (HB 1135)

Transp. budget 2021-2023

S Transportation

Hobbs

 

Making transportation appropriations for the 2021-2023 fiscal biennium.


SB 5166 (HB 1136)

Supp. transportation budget

S Transportation

Hobbs

 

Making 2019-2021 supplemental transportation appropriations.


ESSB 5191

Business practices/emergency

H ConsPro&Bus

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.


ESSB 5235

Housing options & limits

H Local Govt

Liias

 

Increasing housing unit inventory by removing arbitrary limits on housing options.

Prohibits a county or city planning under the Growth Management Act from requiring that a housing unit on the same lot as an accessory dwelling unit be owner-occupied, unless the owner of the lot is not a non-profit and owns more than five accessory dwelling units within the same city or county. • Prohibits cities and counties from regulating or limiting the number of unrelated people who can occupy a house or other dwelling unit, outside of occupant limits on group living arrangements regulated under state law, limits on short-term rentals, and limits based on occupant load per square foot established in an ordinance or applicable building code.


E2SSB 5237 (E2SHB 1213)

Child care & early dev. exp.

H Children, Youth

Wilson

 

Expanding accessible, affordable child care and early childhood development programs.

Establishes a new account for child care and early learning purposes and includes a non-exhaustive list of spending goals and strategies. • Expands eligibility and decreases co-payments in the Working Connections Child Care Program and expands eligibility in the Early Childhood Education and Assistance Program. • Provides increased rates, training, grants, supports, and services for child care and early learning providers. • Increases prenatal-to-three supports for providers and families.


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.


ESSB 5355 (HB 1369)

Wage liens

H Labor & Workpla

Conway

Oppose

Establishing wage liens.

 Creates a statutory wage lien for claims on unpaid wages. Creates procedures for establishing, foreclosing, extinguishing, and prioritizing wage liens.


SSB 5425 (SHB 1492)

Unempl. extended benefits

H Labor & Workpla

Stanford

Concerns

Concerning extended benefits in the unemployment insurance system.

Allows unemployment insurance claimants to be eligible for extended benefits regardless of whether their 52-week benefit year has expired. • Allows the state's extended benefit program to "trigger on" without having to wait the 13 weeks between extended benefit periods. • Amends a job search provision, for the purposes of federal conformity, regarding denying extended benefits for failing to accept an offer of, or apply for, suitable work.


 

 

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