2024 State Legislative Report for week ending 02/18

By Diana Carlen
Lobbyist, Washington Association of Wheat Growers

The Legislature has finished the sixth week of the 60-day legislative session. Feb. 13 marked a critical milestone — the deadline to pass bills out of the chamber where they originated. The House has passed 270 bills, and the Senate has passed 260 bills this session. Bills that did not make this deadline are considered dead and ineligible to move forward this year unless considered “necessary to implement the budget” (NTIB). It is important to note, however, that bills are never truly dead until the Legislature adjourns for the session.

On Feb. 14, the focus shifted back to committees as they began hearing bills that passed the opposite chamber. The next legislative deadline is Feb. 21 when all bills must pass out of the opposite policy committee to remain alive.

Quarterly Revenue Forecast Released

Four times a year, the Washington State Economic and Revenue Forecast Council adopts a bipartisan revenue forecast that is then used to build and adjust the state’s biennial budgets. On Feb. 14, budget writers received the final piece of data needed to complete a supplemental operating budget proposal when the latest revenue forecast was released.

Washington’s economy is projected to generate $67 million for the two-year budget cycle that began last July, up $122 million from the last forecast in November. Overall, collections are now up $1.3 billion since legislators adopted the budget in the 2023 session.

Over the next several days, the House and Senate will begin to release their respective draft budgets. Once the Senate and House each pass their respective proposals, legislative budget writers will work to reconcile differences and reach agreement on a final budget before the session ends on March 7.

Senate Releases Proposed Capital Budget

On Feb. 15, the Senate released their proposed supplemental capital budget proposal. The state’s capital budget funds construction and maintenance of infrastructure and physical projects. This year’s budget proposal includes $1.3 billion in funding for increases in K-12 school construction, behavioral health facilities, affordable housing, and more.

Some notable items include:

  • $25 million to help Energy Northwest develop small modular nuclear reactor technology.
  • $10 million for a digester at the WSU Knott Dairy — the creamery that produces Cougar Gold cheese — to help turn manure into clean energy.
  • $5.5 million for the Odessa pipeline turnouts project.
  • $2.5 million for grants to improve carbon storage and sequestration on agricultural lands.
  • $15 million for grants to private landowners who were enrolled in the Conservation Reserve Enhancement Program, and whose acreage meets state program goals of providing riparian habitat or hydrologically connected wetland enhancements in salmon-bearing streams as determined by the Department of Fish and Wildlife, but are now disenrolled due to a contract termination by the Farm Service Agency or who voluntary terminated their enrollment as a result of the Farm Service Agency audit.

EPR Bill Dead this Session

For the second year in a row, the Re-Wrap Act (2SHB 2049) died on the House floor. The Re-Wrap Act would have established an Enhanced Producer Responsibility (EPR) program and set standards for postconsumer recycled content in consumer packaging and paper products.

SHB 2049 was not brought up for a full vote of the House because it did not have the votes to pass the House chamber due to a competing recycling proposal, HB 1900. HB 1900 did not establish an EPR program, but instead would have built off the state’s existing recycling program.

Democrat Leaders Announce Hearings for Three of the Initiatives

On Feb. 16, Senate Majority Leader Andy Billig and Speaker of the House Laurie Jinkins announced that public hearings would be held on only three of the six initiatives that have been filed with the Legislature. Public hearings will be held on:

  • Initiative 2111– Prohibiting the state, counties, cities, and other local jurisdictions from imposing an income tax.
  • Initiative 2113– Establishing a bill of rights for parents with kids in public schools.
  • Initiative 2081– Restoring the authority of police to engage in a pursuit when there is reasonable suspicion that a person has violated the law.

The following initiatives will not receive hearings or floor action and will directly go to the November ballot for voters to decide:

The Senate and House will hold joint public hearings on I-2111, I-2081 and I-2113 on Feb. 27 and 28. If the Legislature ends up passing any of the initiatives, only a simple majority is required for passage in each chamber. Initiatives to the Legislature do not need the governor’s signature. If passed by the Legislature, they become law.

Bills That Passed House of Origin by Deadline:

CCA Linkage (SB 6058) is governor-request legislation to facilitate linkage of Washington’s carbon market under the Climate Commitment Act (CCA) with California and Quebec. The bill passed the Senate by a vote of 29-20.

Global Emission Reporting for Large Businesses (SSB 6092) as originally introduced, this legislation would have created additional emission reporting requirements for businesses operating in Washington state with annual revenues exceeding $1 billion. SB 6092 was modeled after legislation that was passed in California last year.  The bill was amended and narrowed down to a study. Instead of requiring new reporting standards for large businesses, it requires Ecology to issue a report on the Security and Exchange Commission’s (SEC) proposed climate disclosure requirements and make recommendations for how Washington may align its own reporting requirements with the SEC’s and whether they will be sufficient for purposes of complying with Washington’s climate related policy goals. The Senate passed the bill by a vote of 30-19.

Organic Food Waste (SHB 2301) as originally introduced contained problematic date labeling standards that would have removed the words “sell by” and replace them with “use by” or “best by” but this section was removed. The amended bill now focuses most of its attention on requiring local jurisdictions to create new composting facilities and add composting to curbside collection. It also contains a grant program and a workgroup for collaborating on how to further incentivize businesses to reduce waste. The bill passed the House by a vote of 58-39.

Energy Appeals Process for Environmental and Land Use Matters (SHB 2039) is part of a multiyear effort to improve the energy-siting process in Washington state. This bill specifically focuses on modifying and streamlining the appeals process. The bill passed the House by a vote of 64-33.

Tax Exempt Agriculture Products (SB 5915) extends an existing exemption from the hazardous substance tax  for pesticides that are stored in or transported through Washington prior to sale out of state through 2036. Eligible pesticides may not be manufactured, packaged, sold, or used in Washington. The preference improves industry competitiveness by providing tax relief to Washington businesses that store or transport pesticides sold out of state. The bill passed the Senate by a vote of 36-13, and the companion bill (HB 2454) passed the House.

Unemployment Insurance Benefits for Striking Workers (HB 1893) would make strikers eligible for unemployment benefits. Striking workers would be eligible for unemployment benefits beginning the second week after a walk out. The bill passed the House by a vote of 53-44.

Limiting Neonicotinoid Pesticides (SB 5972) as originally introduced would have prohibited anyone from using neonicotinoid pesticides on outdoor plants in the state, with limited exemptions. In response to concerns raised from the agriculture community, the bill was amended to include an exemption for applications made by a licensed applicator or during the production of an agricultural commodity. The amended bill also removed the requirement that neonicotinoid pesticides be designated as restricted-use pesticides. The bill passed the Senate by a vote of 29-20.

Avian Predation (HB 2293) directs the Department of Fish and Wildlife to convene an Avian Salmon Predation workgroup. The work group is required to report to the Legislature by June 30, 2025, on avian species that predate on juvenile salmon, whether those species are overpopulated or overconsuming, and remedies for the harvest or abatement of those species. The bill passed the House unanimously.

Supply Chain Competitiveness Infrastructure Program (SSB 6302) would establish a grant and loan program designed to fund port projects that address bottlenecks and barriers to an efficient supply chain. The bill passed the Senate unanimously.

Notable Dead Bills After House of Origin Cutoff:

Beverage Deposit Return Program (HB 2144) would have created a deposit return program for beverage containers. The proposal, commonly referred to as the “bottle bill” would place the responsibility for operating the deposit return program on distributor responsibility organizations.

Transportation Electrification Strategy (SSB 6304) would have implemented some of the recommendations of the transportation electrification strategy. The bill contained a provision that would have directed the Department of Ecology to create an anti-idling program, similar to a California program. Commercial trucks over 10,000 pounds would have been prohibited from idling longer than five minutes. Ecology would have been tasked with implementing any exemptions in rulemaking

Emissions of Greenhouse Gases From Sulfuryl Fluoride (HB 2073) would have required the Department of Ecology to commission a study to be completed by July 1, 2025 that analyzed the evidence supporting the inclusion of sulfuryl fluoride as a greenhouse gas.