WAWG
By Diana Carlen
WAWG Lobbyist
With just two weeks remaining in the 2025 Legislative Session, the countdown to the end of the session is in sight. Tuesday, April 8, marked the final fiscal cutoff deadline where bills from the opposite chamber with fiscal impact had to pass out of fiscal committees. This means there are no more committee hearings from now on except bills that are “necessary to implement the budget.”
On April 9, the focus shifted back to floor action. The final cutoff will be on Wednesday, April 16, the deadline for bills to be voted on by the opposite chamber. After that, the Legislature will focus on reconciling bills that passed each chamber in different forms (the concurrence calendar) and legislation that is necessary to implement the budget.
There are 450 bills that remain alive out of the over 1,900 bills introduced this session. Forty-seven bills have already passed the full Legislature and Gov. Ferguson has already begun signing bills that have passed.
Notable action this past week:
- Environmental Crimes (Engrossed Substitute Senate Bill 5360), sponsored by Sen. Yasmin Trudeau (D-Tacoma), would have increased criminal penalties for environmental crimes for violations of the Clean Air Act, the Hazardous Waste Management Act, and the Water Pollution Control Act. This bill is dead for this session after failing to get voted out of the House Appropriations Committee. Business groups and local governments raised concerns about the bill. The bill created legal uncertainty and exposure to businesses because it contained vague language, overly strict penalties, and did not require proof of actual harm for certain offenses.
- Unemployment Benefits for Striking Workers (Substitute Senate Bill 5041), sponsored by Sen. Marcus Riccelli (D-Spokane), would allow workers who choose to go on strike to be eligible for unemployment insurance (UI) benefits. On April 12, the House passed the bill by a vote of 52-43 with seven Democrats joining Republicans in voting against the legislation. The bill was amended on the House floor to limit unemployment benefits for striking workers to four weeks, which is eight weeks less than what the Senate had passed. The Senate must now decide if it will agree to the changes made by the House or insist on its position. The business community opposes this legislation because the UI system is designed to provide benefits to workers who lose their jobs through no fault of their own. In addition, businesses with no involvement in a labor disagreement will have their contributions to the unemployment insurance fund go to striking workers. If the bill becomes law, the changes would take effect on Jan 1, 2026, and last through Dec. 31, 2035.
- Agricultural Fuel Exemptions (Engrossed Second Substitute House Bill 1912), sponsored by Rep. Tom Dent (R-Moses Lake), makes it easier for farmers to receive the exemptions they were promised under the Climate Commitment Act for fuel used for agricultural purposes. The bill would require Ecology to publish a directory by Oct. 1 to notify farmers of retail fuel sellers that sell exempt fuel used for agricultural purposes. The bill also declares it is the legislative intent to continue the rebate program similar to the budget proviso from last year through June of 2027 for farmers who are not able to get exempt fuel. Finally, it extends the exemption for fuel used to transport agricultural products on public highways until Dec. 31, 2029. The bill is currently on the Senate floor calendar and eligible for a vote at any time. The bill continues to be a work in progress as an amendment is being considered to clarify the definition of special fuels to ensure propane remains exempt.
- Enhanced Producer Responsibility Program (EPR) (Engrossed Second Substitute Senate Bill 5284), sponsored by Sen. Liz Lovelett (D-Anacortes), requires producers of certain product packaging to participate in and fund the operations of a producer responsibility organization (PRO) related to the postconsumer management of covered PPP and other recycling-related activities. The bill is currently on the House floor calendar and eligible for a vote of the full House at any time. However, it is unclear if the bill has the votes to pass. As expected, there are several amendments that have been proposed if the bill is brought up for a vote. Rep. Jake Fey (D-Tacoma) has proposed a striking amendment. A striking amendment proposes to delete the entire text of the existing bill and substitute new language, essentially making it a completely different bill. Rep. Fey’s bill would not establish an EPR program like the original bill, but instead would require Ecology to carry out a recycling system comprehensive statewide infrastructure analysis, cost and opportunity evaluation of Washington’s recycling system, informed by the establishment of a 65% recycling rate goal for covered PPP. It would also require Ecology to publish and periodically update lists of recyclable materials suitable for curbside or drop-off collection. Finally, it would require Ecology to establish an advisory committee with specified duties, including the formation of a task force to make recommendations on misleading recyclability claims. Republicans have locked up against the EPR version of the bill and are supporting the Rep. Fey striking amendment. With House Democrats split on whether to support the EPR bill or the Rep. Fey striker, the fate of the bill is currently unclear. This is deja vu as the bill has stalled on the House floor the last three years.
- Pesticide Safety Committee Extension (Substitute House Bill 1294), sponsored by Rep. Tom Dent (R-Moses Lake), extends the expiration date of the pesticide application safety committee from July 1, 2025, to July 1, 2035. This committee includes experts from agriculture, public health, and worker safety, to continue reviewing best practices and ensuring pesticide application remains safe for workers, consumers, and the environment. The bill passed the Senate unanimously on April 11.
- Auction Price Containment CCA (Second Substitute House Bill 1975), sponsored by Rep. Joe Fitzgibbon (D-West Seattle), makes some modest adjustments to the Climate Commitment Act (CCA) to try and control . For example, it sets the price ceiling for calendar years 2026 and 2027 at $80 (instead of $95). It also requires Ecology to increase the amount of allowances available at auction for the second compliance period. The bill passed out of the Senate Ways & Means Committee on April 8 and out of the Senate Rules Committee on April 11. The bill is eligible for a vote of the full Senate at any time and must pass out of the Senate by April 16.
- Clean Fuels Program (Second Substitute House Bill 1409), sponsored by Rep. Joe Fitzgibbon (D- Burien), proposes significant amendments to Washington’s Clean Fuels Program (i.e. Washington’s low carbon fuel standard for transportation fuels). The bill adjusts the reduction schedule to achieve a 45% decrease in carbon intensity by 2034. The bill was amended to specify that Clean Air Act civil and criminal penalties no longer apply to violations of the Clean Fuels Program, but establishes penalties and other enforcement powers specific to the CFP program. The bill also prohibits Ecology from increasing the carbon intensity standards beyond 20% beginning in 2030 unless Ecology determines that one new or expanded biofuel production facility has received a siting, operating, or environmental permit after Jan. 1, 2025. The bill passed out of the Senate Ways & Means Committee on April 8 and out of the Senate Rules Committee on April 11. The bill is eligible for a vote of the full Senate at any time and must pass out of the Senate by April 16.
- Collective Bargaining Rights for Agricultural Cannabis Workers (Engrossed Substitute House Bill 1141), sponsored by Rep. Lillian Ortiz-Self (D – Mukilteo), extends collective bargaining rights to agricultural workers in the cannabis industry. The bill states it may not be interpreted by any court to apply to or otherwise extend any rights to any employee who does not meet the definition of employee in the underlying bill, which includes any employee employed by an employer to perform the work of cultivating, growing, harvesting, or producing cannabis, including defoliating, drying, bucking, precuring, curing, drying, trimming, sorting, and loading, if performed on a farm. The bill passed out of the Senate Ways & Means Committee on April 8 and the Senate Rules Committee on April 9. The bill is currently on the Senate floor calendar and eligible for a vote at any time. There is a proposed floor amendment to require that exclusive bargaining representative elections must be done by secret ballot.
- Paid Family Leave Expansion (Engrossed Second Substitute House Bill 1213), sponsored by Rep. Liz Berry (D-Seattle), expands worker protections under Washington’s Paid Family and Medical Leave program. Currently, small employers with fewer than 50 employees are exempt from providing job protection and health benefit continuation for employees on Paid Family and Medical Leave (PFML). This bill eliminates these exemptions. In addition, employees could begin utilizing the benefits after 180 days of employment (current law requires you to have worked for the employer for a year before utilizing the benefits), regardless of the size of the employer. The bill passed out of the Senate Ways & Means Committee on April 8 and the Senate Rules Committee on April 11. The bill is currently on the Senate floor calendar and eligible for a vote of the full Senate at any time.
- Supply Chain Infrastructure (Senate Bill 5649), sponsored by Sen. Marko Liias (D-Lynnwood), would have established the Washington State Supply Chain Competitiveness Infrastructure Program to enhance the state’s global trade competitiveness by funding and prioritizing supply chain infrastructure projects. The program, administered by the Department of Transportation (DOT) in collaboration with stakeholders such as the Department of Commerce, public ports, tribal governments, and industry representatives, would have provided grants and loans to public ports and tribal governments with public port operations. The bill was not brought up for a vote in the House Transportation Committee by the deadline, but there is $20 million in funding for the program included in the Senate’s proposed transportation budget and therefore it is considered necessary to implement the budget.
- Employee Personnel Records (Substitute House Bill 1308), sponsored by Rep. Julia Reed (D-Seattle), requires a private employer to provide an employee or former employee with a copy of the employee’s personnel file within 21 calendar days of a request, and a public employer to do so in accordance with the Public Records Act. The bill defines “personnel file” to include job application records, performance evaluations, payroll records, and other employment-related documents. Employees and former employees can request corrections to erroneous or irrelevant information, with the right to add rebuttal statements if disagreements arise. Former employees, defined as those separated within three years, can also request a signed statement detailing the reasons for their discharge. The bill creates a private right of action for enforcement. The bill passed out of the Senate on April 9 by a vote of 32-17. The Senate did adopt an amendment that removed vague language about “other” records that could have lead to confusion and unintended consequences.
- PFAS Testing of Biosolids (Substitute Senate Bill 5033), sponsored by Sen. Jeff Wilson (R-Longview), requires Ecology to establish PFAS chemical sampling or testing requirements for biosolids. By July 1, 2028, Ecology must complete an analysis of the levels of PFAS chemicals in biosolids produced in Washington state. By December 1, 2029, the department must submit a report to the appropriate committees of the legislature with recommendations on how to proceed based on the analysis. The bill also establishes an advisory committee of representative stakeholders, including the farming community, with which Ecology must consult before adopting or amending rules related to sampling or testing biosolids for PFAS chemicals. The bill passed out the House unanimously on April 10. The Senate must agree to the changes on the bill involving the advisory committee.
- Safety of Working Minors (Engrossed Substitute House Bill 1644), establishes minimum penalties for employers who violate laws and rules governing the employment of minors. It requires the Department of Labor and Industries (L&I) to conduct a safety and health consultation at a worksite before granting a student learner variance allowing a minor to perform work typically prohibited based on the minor’s age. It also requires L&I to revoke an employer’s minor work permit for certain violations of the Washington Industrial Safety and Health Act or laws pertaining to the employment of minors. The bill passed out of the Senate on April 9 by a vote of 37-12. The bill will now be delivered to the Governor.
- Precode Water Rights (Substitute Senate Bill 5212), sponsored by Sen. Sharon Shewmake (D-Bellingham), seeks to facilitate the filing of adjudication claims for precode water uses in Water Resource Inventory Area 1 (Nooksack) without requiring certification from the Pollution Control Hearings Board. This bill aims to align the WRIA 1 adjudication process with the precedent set by the Yakima basin water rights adjudication, allowing water users with historical precode water uses to participate more easily. By adding a new provision to RCW 90.14.043, the bill ensures that filing an adjudication claim form will meet the requirements for filing a statement of claim, thereby bypassing typical time constraints. The bill passed out of the House unanimously on April 9.
- Yakima Basin Water Plan Extension (Engrossed Substitute Senate Bill 5303), sponsored by Sen. Judy Warnick (R-Moses Lake), extends the water supply milestone for the Yakima River Basin Integrated Plan from June 30, 2025, to June 30, 2035. This extension allows additional time to secure permits and funding for water supply facilities designed to provide at least 214,000 acre-feet of water for both instream and out-of-stream uses. The bill also updates related deadlines for cost-benefit reviews of large water projects and land management plans under the community forest trust to align with the new milestone date. The bill passed out of the House on April 10 by a vote of 94-1.