State legislative report Jan. 27

Leg ReportBy Diana Carlen
WAWG Lobbyist

Week 2 of the legislative session was busy with public hearings on legislation. The first legislative deadline is Feb. 5, 2016, when all policy bills must make it out of their policy committees.

Tim Eyman’s I-1366 Latest Initiative Ruled Unconstitutional

Last Thursday, a King County Superior Judge ruled I-1366 unconstitutional and voided it. I-1366, approved by voters in November, would have cut the sales tax by one percentage point, beginning in April, unless the Legislature referred a constitutional amendment to the voters requiring a two-thirds supermajority for future tax increases. Opponents, including two Democratic lawmakers and the League of Women Voters of Washington, sued, saying constitutional amendments cannot be proposed by initiative and the measure violates the rule that initiatives be limited to a single subject. The ruling is expected to be appealed directly to the Washington State Supreme Court.

Carbon Tax Initiative Certified by Secretary of State’s Office

Last Tuesday, the Washington Secretary of State’s office certified the carbon tax initiative (Initiative 732) brought by Carbon Washington to the Legislature. More than 363,000 signatures were submitted for the initiative which is nearly 120,000 more than the minimum required. Despite the large number of signatures submitted, the Secretary of State’s office stated that I-732 narrowly qualified due to a high signature error rate.

Senate and House committee chairs have filed title-only bills relating to an alternative to I-732. Title-only bills contain nothing more than a title and number. Hearings have not been scheduled on I-732, but as an initiative to the Legislature, it is not subject to the legislative deadlines and can be brought up any time before the session adjourns this year. If the Legislature does not take any action on I-732, it will appear on the fall ballot.

Bill Activity This Week:

• Prohibiting Rules on Carbon Regulation without Legislative Approval (SB 6173) sponsored by Senator Doug Ericksen (R-Ferndale). The bill prohibits Ecology from adopting any rule or policy establishing a statewide cap on emissions in the state unless authorized by the Legislature. This legislation is in response to Ecology’s recent draft regulations under the State Clean Air Act. The Senate Energy, Environment & Telecommunications Committee passed out this this bill on a 5-3 vote.

• Carbon Tax (SB 6306) sponsored by Senator Steve Hobbs (D-Lake Stevens). This legislation levies a carbon tax of $8 per metro ton of carbon emissions on fossil fuels. Imported electricity would not be subject to the proposed carbon tax. The tax would be used to fund storm water projects, fish-barrier connection projects, renewable energy and energy efficiency programs administered by the Department of Commerce, and public transportation and other multimodal transportation options throughout the state. A public hearing was held in the Senate Energy, Environment & Telecom Committee this week.