WAWG State Legislative Report, Week 2

by Diana Carlen
Lobbyist, Washington Association of Wheat Growers

The legislature has completed the second week of its session; due to the pace and compressed timeline of the short session, however, it feels like we have been in session much longer.  Committees have been busy holding public hearings and passing bills out of committee. Many bills are being continuously amended as they move through the process.

The pace of news bills being introduced daily has slowed slightly.  As of Friday, January 23, 1,047 bills have been filed this session.   Less than two weeks remain until the first legislative deadline, February 4, when all bills must be voted out of their respective policy committees to remain alive. We also saw the beginning of floor action this week with passage of some hold over bills from last session.

Labor Committees Hear Bills to Unionize Agricultural Workers

 The Senate and House labor policy committees both heard two sets of companion bills this past week that would allow agricultural workers to unionize. Farmworkers currently can unionize in Washington state, but the National Labor Relations Act excludes farmworkers from submitting their contract demands to binding arbitration.

Senate Bill 6117/HB 2471 would extend collective bargaining rights for employees not covered by the national labor relations act, including agricultural employees, domestic workers and some small businesses. This would put them under the jurisdiction of the state’s Public Employment Relations Commission. Three commissioners, appointed by the governor, rule on alleged unfair labor practices.  The commission also assigns mediators to take part in stalled contract talks. If mediation fails, an arbitrator can impose contract terms.

Senate Bill 6045 and House Bill 2409 apply collective bargaining rights just to farmworkers.

The agricultural industry was united in opposing these bills, arguing that while agriculture supports their workers who are integral to their operations, agriculture is unique and that is why the federal law does not allow farmworkers to unionize.  Representatives from the industry also noted how fragile the ag economy is currently and that labor costs are already among the highest in the U.S. while profits are the lowest.  Most importantly, if farmworkers were allowed to strike during critical times of the season, it could threaten a farm’s entire annual crop.

Other Notable Bill Action This Past Week:

• PFAS in Agricultural Inputs (HB 2279), sponsored by Rep. Lisa Parshley (D-Olympia), directs the Department of Agriculture to evaluate and create standards for the use of perfluoroalkyl and polyfluoroalkyl (PFAS) substances in fertilizers and pesticides, and authorizes refusal or cancellation of product registrations that do not meet those criteria. The bill phases in these new standards beginning in late 2026, with review of existing registrations starting in 2027. The bill could lead to farmers having to use additional products with higher toxicity levels and would cost more money. A hearing was held on HB 2279 in the House Agriculture & Natural Resources Committee on January 20.  Agricultural groups such as Washington Friends of Farms & Forests and the Farm Bureau testified against the bill.
• Statewide food security coordination (HB 2238), sponsored by Rep. Kristine Reeves (D-Federal Way), expands the Department of Agriculture’s statutory responsibilities to monitor overall food system performance and coordinate statewide food security efforts across agencies, tribes, nonprofits, research institutions, and industry experts. The bill also directs the department to develop and deliver by December 1, 2027, a time-limited, statewide food security strategy focused on ending hunger, improving nutrition and health equity, and strengthening agricultural viability and supply chain resilience, with these new planning provisions expiring July 1, 2028. The bill received a public hearing in the House Agriculture & Natural Resources Committee on January 14 and passed out of committee on January 21 with amendments including requiring agricultural viability performance metrics to include tracking the costs of fuel and labor and the calculation of the incremental costs from Washington state-specific laws and regulations. WAWG supports this bill.
• Washington Farmers Feeding Families Act (HB 2463), sponsored by Rep. Kristine Reeves (D-Federal Way), expands and renames the state’s existing agricultural donation grant framework and creates a new farm-to-food-pantry program to better connect Washington farmers with hunger relief organizations. The bill prioritizes acquisition of surplus Washington-grown farm products at risk of becoming food waste, allows nonprofits to compensate producers for pick-and-pack, production, harvest, and logistics costs, emphasizes equitable participation by diverse and small-scale farmers, and authorizes rulemaking and reporting requirements to improve program accountability. HB 2463 received a public hearing in the House Agriculture & Natural Resources Committee on January 20.
• Washington Local Food for Schools Program (HB 2369), sponsored by Rep. Kristine Reeves (D-Federal Way), establishes the Washington Local Food for Schools Program within the Office of the Superintendent of Public Instruction to expand voluntary procurement of Washington-grown foods for K-12 meals using existing federal child nutrition and USDA Foods systems, subject to appropriation. The bill formalizes interagency collaboration with the Departments of Agriculture, Enterprise Services, and Health, and Washington State University to streamline purchasing, aggregation, and distribution, provide technical assistance to schools and producers, and leverage federal and private funding to support local agriculture and improve school meal quality. The bill received a public hearing in the House Education Committee on January 20.
• Large Employer Payroll Excise Tax (HB 2100), sponsored by Rep. Shaun Scott (D – Seattle), imposes a five percent payroll tax on annual wages above $125,000 and applies to large companies with more than 20 employees and $5 million in gross receipts starting July 1, 2026. The bill establishes a dedicated Well Washington Fund Account, overseen by a legislative-executive board that issues annual reports, and directs just over half of new revenue to programs such as Medicaid and higher education, with the balance deposited into the state general fund.  A public hearing was held in HB 2100 in the House Finance Committee on January 22. Over 15,000 people signed in opposed to the bill. Several business groups testified opposed to the bill.
• Immigrant Worker Protection Act (HB 2105), is attorney general request legislation. It would establish new requirements and restrictions for employers during federal employment eligibility audits to protect immigrant workers’ rights, including notice, nonretaliation, and prohibits voluntary disclosure of records without a warrant. The bill authorizes both the Attorney General and private parties to enforce these protections through civil actions with escalating penalties. HB 2105 received a public hearing in the House Labor & Workplace Standards Committee on January 16.  While other states have passed similar laws including California, Oregon and Illinois, this proposed legislation has more onerous notice requirements and stiffer penalties and enforcement.  The bill passed out of the House Labor & Workforce Standards Committee on January 23 with amendments on a party-line vote with all Republicans on the committee voting against the bill. A notable amendment was removal of the requirement for employers to notify former workers. The new version of the bill also removes the provision prohibiting an employer from providing voluntary consent to a federal agency to access, review, or obtain the employer’s worker records without a subpoena or warrant. Instead, the bill now requires the Attorney General to publish guidance on employers’ rights to restrict a federal agency from accessing certain worker records without a subpoena or judicial warrant. However, the bill still contains stiff penalties and a private right of action. For first time offenses, there would be a range of penalties based on the size of a business.  For example, a business with 1-10 employees would be fined $2000 and a business with more than 251 employees, the statutory damages would be $500,000 for first time offenses.
• Medicaid employer assessment (SB 6173), sponsored by Sen. Emily Alvarado (D-West Seattle), establishes a new “Apple Health employer assessment” on large employers (those with more than 100 employees) whose employees are concurrently enrolled in Apple Health (i.e. the state’s Medicaid program), with revenue deposited into the state health care affordability account. The bill received a public hearing in the Senate Ways & Means Committee on January 20.
• Green Fertilizer Incentives (Senate Bill 5971), sponsored Sen. Matt Boehnke (R-Kennewick), creates a new Department of Agriculture incentive program to support in-state production and on-farm use of low-carbon “green” nitrogen fertilizers that achieve at least an eighty percent reduction in life-cycle greenhouse gas emissions compared to conventional natural gas-based products. The bill authorizes price-based rebates to farmers, production and performance incentives for manufacturers and distributors, and related equipment and training grants, to be funded in whole or in part from appropriations from Climate Commitment Act accounts and other sources, with rules due by July 1, 2028, and a program design report to the governor and Legislature by December 1, 2027. The bill is brought by Atlas Grow who is developing a $1.5 billion green fertilizer plant in Richland. SB 5971 received a public hearing in the Senate Agriculture & Natural Resources Committee on January 22.
• Tire Chemical Restrictions / 6PPD Tire Regulation Framework (House Bill 2421 and Senate Bill 6119), from Rep. Zach Hall (D-Issaquah) and Sen. Marko Liias (D-Lynnwood), respectively, create a comprehensive framework to phase out the manufacture, sale, and distribution of new vehicle tires containing 6PPD or certain regrettable substitutes by 2035, and to impose a new 6PPD-focused mitigation fee on certain replacement tires while retaining the existing five-dollar tire fee. HB 2421 received a public hearing in the House Environment & Energy Committee on January 19. Senate Bill 6119 received a public hearing in the Senate Environment, Energy & Technology Committee on January 20.
• Supply Chain Competitiveness (ESSB 5649) creates the Supply Chain Competitiveness Infrastructure Program, a grant and loan program overseen by WSDOT. This is carry over legislation from last year. The bill passed the Senate 49-0 this week and will now be subject to consideration in the House.

Supreme Court Hears Natural Gas Initiative Challenge

On January 22, the Washington State Supreme Court held oral argument on the constitutionality of a ballot measure (I-2066) passed by Washington voters to protect access to natural gas service in homes and other buildings.

Environmental groups and local governments brought a challenge against Initiative 2066, arguing the measure is unconstitutional because it covers more than a single subject and does not contain the full text of state laws it would alter. Last March, a King County Superior Cout judge agreed.  Backers of the initiative appealed the case directly to the Washington State Supreme Court, bypassing the court of appeals.

The Building Industry Association of Washington, a trade group for homebuilders, sponsored the initiative and is defending it alongside the state attorney general’s office. The state has to defend the initiative because it was passed by voters.

Proponents argue Initiative 2066 is constitutional because each of the provisions is germane to the general subject of protecting access to and use of natural gas.

The court will take the case under review and likely reach a decision in the next six to twelve months.

Boehnke Announces Candidacy for Newhouse Seat

 State Senator Matt Boehnke (R – Kennewick) announced on January 22 that he is forgoing reelection and entering this year’s race to succeed retiring Republican Dan Newhouse in central Washington.  He is the third republican to get in the race after Jerrod Sessler and Amanda McKinney.

Boehnke is in his first term representing the 8th Legislative District after serving four years in the House. He is a former Kennewick City Council member and served 22 years in the U.S. Army.

The same day as Boehnke’s announcement, State SenNikki Torres (R-Pasco) announced she will abandon her campaign for re-election in the 15^th Legislative District and run for Boehnke’s seat instead. Torres lives in Pasco, but due to redistricting, her neighborhood wound up in the neighboring 16th Legislative District. She recently secured a place to live in the 15th District to seek a second term and was going to have a challenging race against Jeremie Dufault, a fellow Republican. Torres plans to find a residence in the 8^th District which is a couple of miles from her Pasco home.