Week 6, Washington State Legislative Report

By Diana Carlen
Lobbyist, Washington Association of Wheat Growers

Feb. 21 marked the first major deadline of the 2025 legislative session when bills must have been voted out of their respective policy committees to still be considered alive for this session. The second deadline is less than a week away on Feb. 28, when bills must be passed out of their fiscal committees to remain alive. Fiscal committees worked over the weekend and will work late nights this upcoming week to move as many bills as possible out of their respective fiscal committees by the deadline. As of the policy cutoff on Friday, hundreds of the 1,960 bills introduced this session died because they did not move out of their policy committees. However, it is important to note that no issue is really dead until the last day of session as bills can be resurrected in various ways.

Once bills advance out of both a policy and a fiscal committee, if referred there, they go to the Rules Committee in their respective chambers. Bills remain in the Rules Committee until they are selected to be brought up for a vote for the entire chamber of the House of Representatives or Senate. All bills must be voted out of their House of Origin by 5 p.m. on March 12. Starting the following day, the process begins all over again in the opposite chamber.

Below is notable bill action from this past week and then a list of bills that are “dead” for now.

• Agricultural Fuel Exemptions (Substitute House Bill 1912), sponsored by Rep. Tom Dent (R-Moses Lake), seeks to ensure that farmers receive the exemptions they were promised under the Climate Commitment Act for fuel used for agricultural purposes. As originally introduced, the bill required the Department of Ecology to adopt rules to establish a remittance program for suppliers and users of agricultural and farm fuels exempt from the Climate Commitment Act (CCA). The bill also made the temporary exemption for fuels used to transport agricultural products on public highways permanent. On Feb. 20, the House Environment and Energy Committee passed out a new version of the bill. The revised version no longer contains a remittance program for farmers to get rebates for fuel purchased with the carbon surcharge. In addition, the bill removed the provision that would have made the exemption for fuels used to transport agricultural products on public highways permanent. Instead of a remittance program, the revised bill sets up a regulatory program for the entire fuel distribution network to track and report exempt fuel sales in the hopes that this will enable fuel suppliers to stop imposing a CCA surcharge on exempt fuels. Retail locations (i.e. gas stations) and other fuel sellers could sell CCA exempt fuel to farmers if they register, report, and track exempt fuel sales. However, they would also open themselves up to liability and enforcement including potential fines of $10,000 per day, per violation. The first stakeholder meeting on this bill was held Feb. 21. At the meeting, it was stressed that it was important not to disrupt any mechanisms currently in place allowing farmers to receive exempt fuel. The bill has been referred to the House Appropriations Committee, but has not yet been scheduled for a hearing.
• Hydrofluorocarbon Emissions Reduction (Substitute House Bill 1462), sponsored by Rep. Davina Duerr (D-Bothell), phases in, between 2030 and 2033, global warming potential (GWP) limits for virgin bulk hydrofluorocarbons (HFCs) entering commerce in Washington. It also directs the Department of Ecology (Ecology) to establish a refrigerant transition taskforce to complete a study by 2027 addressing the transition to low-GWP refrigerants, and requires Ecology to adopt rules based on the taskforce’s work to require low-GWP or ultra-low GWP refrigerants. A hearing was held in the House Appropriations Committee on Feb. 19.
• County Utility Tax Authorization (House Bill 1702), sponsored by Rep. Sharon Wylie (D-Vancouver), authorizes counties in Washington state to impose a public utility tax on businesses providing utility services. The bill permits counties to levy an excise tax up to 3% on the gross income of utilities, with the tax required to be itemized on consumer bills. The bill was heard in the House Finance Committee on Feb. 21. The business community is strongly opposed to these additional tax increases.
• Grant Program for Seasonal Overtime (Senate Bill 5722), sponsored by Sen. Rebecca Saldana (D-Seattle), creates a grant program, administered by the Employment Security Department, for certain farmers of handpicked specialty crops equivalent of eight weeks of their paid overtime hours during their peak harvest season, up to $40,000. To qualify for a grant, a farm must hire only domestic agriculture workers, be owned and operated by a state resident, grow handpicked specialty crops that are sold to consumers at local markets, or sold or donated to local schools or food banks (local means within 250 miles of where specialty crop was grown). The bill is very narrow and would not benefit many farms. The Washington State Asparagus Commission testified in support of the bill. The bill has been referred to the Senate Ways & Means Committee.
• Environmental Justice Integration (Substitute House Bill 1303), sponsored by Rep. Sharlett Mena (D-Tacoma), adds environmental justice to the State Environmental Policy Act (SEPA) review process, including the SEPA checklist. The bill requires lead agencies to prepare environmental justice impact statements for new projects, expansions, or permit renewals starting Jan. 1, 2027. The bill prohibits agencies from weighing economic benefits in their decisions, focusing instead on avoiding or mitigating disproportionate impacts. A public hearing was held in the House Appropriations Committee on Feb. 19.
• Supply Chain Infrastructure (House Bill 1860), sponsored by Rep. Julia Reed (D-Seattle), establishes 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, will provide grants and loans to public ports and tribal governments with public port operations. A dedicated account in the state treasury will fund the program, with appropriations aligned to specific goals, including improving freight system efficiency, supporting economic and environmental benefits, and mitigating community impacts from freight traffic. Eligible projects must align with a port’s freight development plan, and the DOT will establish performance metrics and evaluation criteria to prioritize investments. The bill passed out of the House Technology, Economic Development, & Veterans Committee on Feb. 19 and has been referred to the House Transportation Committee.
• Pesticide Safety Committee Extension (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. The bill maintains the committee’s existing structure and responsibilities, including improving pesticide application safety through data collection, policy evaluation, and education. A hearing was held in the House Appropriations Committee on Feb. 22.
• Clean Fuels Program (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 20% decrease in carbon intensity by 2034. The substitute bill changes the carbon intensity standard for the program to 55% below 2017 levels by no earlier than Jan. 1, 2038, by reducing the carbon intensity of the program by 8% on Jan. 1, 2027, and by 4% each year afterwards through Jan. 1, 2038. Dyed special fuel used for agricultural purposes is exempt under current law in the Clean Fuels Program until 2028. However, agricultural groups are still concerned with the legislation because it removes prior conditions prohibiting Ecology from increasing carbon intensity reductions by more than 10% until there was at least a 15% net increase in state liquid biofuel production and the use of foodstocks grown or produced in Washington and at least one new or expanded biofuel production facility sited in the state. It also removes the requirement that the Joint Legislature Audit and Review Committee (JLARC) report on the first five years of program operations. It also establishes a detailed penalty framework for noncompliance, including fines for late reporting, misreporting and improper credit usage, with penalties appealable to the Pollution Control Hearings Board.
• Paid Family Leave Expansion (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 90 days of employment (current law requires you to have worked for the employer for a year before utilizing the benefits). It also expands access to grants for small employers to offset the costs of employees’ use of leave in the PFML Program. A public hearing was held in the House Appropriations Committee on Feb. 22.
• Organic Agriculture Expansion (Substitute Senate Bill 5474), sponsored by Sen. Marko Liias (D-Lynnwood), directs the Department of Agriculture to develop an Organic Agriculture Action Plan by June 1, 2027, to address barriers to organic certification, expand markets, and support underrepresented communities in agriculture. It also establishes a microgrant program for producers implementing climate-smart practices, with priority given to projects benefiting overburdened communities. Additionally, the bill allows for adjustments to organic certification fees to reduce financial barriers. The bill passed out of the Senate Agriculture & Natural Resources Committee on Feb. 21, but removed problematic language in the intent section.
• Workplace Monitoring Regulations (Substitute House Bill 1672), sponsored by Rep. Shelley Kloba (D-Kirkland), establishes regulations on the use of electronic monitoring and automated decision systems (ADS) by employers in Washington, effective July 1, 2026. The bill restricts electronic monitoring to specific purposes, such as job function assistance or legal compliance, and prohibits its use in private areas or off-duty activities. It also regulates ADS use, requiring human oversight for employment decisions and mandating impact assessments to address risks like discrimination or privacy violations. Employees are granted rights to data access, protection from retaliation, and restrictions on monitoring of personal devices. The bill passed out of the House Labor & Workplace Standards Committee on Feb. 19 and has been referred to the House Appropriations Committee.
• Agritourism Tax Relief (Substitute House Bill 1261), sponsored by Rep. Sam Low (R-Lake Stevens), seeks to expand permissible incidental uses of open space land to include agritourism activities while providing tax relief for landowners. The bill defines agritourism activities as recreational, educational, or entertainment events on farms, such as festivals, weddings, and produce stands, provided they are incidental and do not exceed 20% of the total classified land. It also reduces the financial penalties for removing land from its current use classification by shortening the additional tax calculation period from seven years to four years and allowing waivers or refunds of certain taxes and penalties. The bill passed out of the House Finance Committee on Feb. 18.
• Agricultural Economic Impacts (Substitute Senate Bill 5117), sponsored by Sen. Ron Muzzall (R-Oak Harbor), mandates the Office of Financial Management to establish a mechanism for the determination of the fiscal impact of proposed legislation which, if enacted into law, would directly or indirectly increase or decrease regulatory costs incurred by entities engaged in agriculture. These fiscal notes must: indicate by fiscal year the total impact on the agricultural economy for the first two years the legislation would be in effect and also a cumulative six-year forecast of the fiscal impact. The bill passed out of the Senate Agriculture & Natural Resources Committee on Feb. 20 and is scheduled for a public hearing in the Senate Ways & Means Committee on Feb. 26.
• Agritourism Promotion (Substitute Senate Bill 5055), sponsored by Sen. Judy Warnick (R-Moses Lake), clarifies that agricultural buildings used for agritourism activities are not subject to building code standards that apply to a commercial building permit, except standards to meet all life and fire safety requirements, if the building is only used for agritourism activities six months or less every year. The bill was significantly changed when it passed out of the Senate Agriculture & Natural Resources Committee where it removed provisions allowing counties to adopt ordinances to permit agritourism activities that generate supplemental income for farms in agricultural zones and permit agritourism after consultation with neighboring landowners. It also removed the section of the original bill requiring the Liquor & Cannabis Board to issue a beer and wine license to an agritourism venue. The bill has been referred to the Senate Rules Committee.
• 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. The business community is in strong opposition to this legislation because Washington’s UI system is designed to provide benefits to workers who lose their jobs through no fault of their own. Employers pay for all UI benefits through unemployment insurance taxes on their payroll. The business community is concerned that if this legislation is enacted, there will be higher UI taxes for all employers and longer strikes against employers. The bill is scheduled for a public hearing in the Senate Ways & Means Committee on Feb. 25.
• 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 Dec. 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. While the bill does not impact agriculture, we are monitoring it. The bill is scheduled for a public hearing in the Senate Ways & Means Committee on Feb. 24.
• Wage Replacement Program for Excluded Workers (Substitute Senate Bill 5626), sponsored by Sen. Rebecca Saldaña (D-Seattle), establishes a state-level wage replacement program for workers ineligible for unemployment insurance, including undocumented workers. The program, set to launch on Jan. 1, 2027, will provide weekly benefits for up to 26 weeks, funded through a new employer surcharge starting at .01%. The Employment Security Department will oversee the program, contracting with a third-party administrator to handle applications, benefits, and outreach. The bill passed out of the Senate Labor & Commerce Committee on Feb. 21 and is scheduled for a hearing in the Senate Ways & Means Committee on Feb. 26.
• Sustainable Farms and Fields Program Updates (Senate Bill 5391), sponsored by Sen. Sharon Shewmake (D-Bellingham), revises the Sustainable Farms and Fields Grant Program by modifying eligible uses of grant funds, updating prioritization criteria, and refining carbon metrics. The bill eliminates funding for compost spreading equipment and scientific studies on greenhouse gas emissions from crop residues, instead allowing grants to support projects that reduce carbon dioxide equivalent emissions through energy efficiency or reduced fuel use. It also updates the timeline for revising the carbon equivalency metric, requiring the use of a 100-year storage equivalency metric until the update occurs. The bill passed out of the Senate Agriculture & Natural Resources Committee on Feb. 17 and has been referred to the Senate Rules Committee.

DEAD BILLS:

• Seasonal Flexibility from Paying Overtime (Senate Bill 5487/House Bill 1597) would have allowed agricultural employers to select 12 weeks where the agricultural employer may employ agricultural employees for up to 50 hours before the requirement to pay overtime applied. No public hearings were held on these bills.
• Minimum Wage Increase & Vacation/Bereavement Leave (Senate Bill 5487/House Bill 1764), would have raised the minimum wage to $25 an hour by 2031 and also mandated paid vacation and bereavement leave. A higher minimum wage would also have raised the salary threshold for overtime-exempt employees, requiring many more employers to start paying overtime. The business community was vehemently opposed to these bills as Washington state already has the highest minimum wage in the country.
• Delinking From California’s Motor Vehicle Emission Standards (Senate Bill 5091), sponsored by Sen. Matt Boehnke (R-Kennewick), would have prohibited the Department of Ecology from adopting California’s motor vehicle emissions standards and instead required Ecology to implement standards consistent with federal law. This would have delinked Washington from California’s vehicle emission standards. A hearing was held in the Senate Environment, Energy & Technology Committee on Feb. 21, but was not brought up for a vote before the policy cutoff deadline.
• Statewide Food Strategy (House Bill 1987), sponsored by Rep. Kristine Reeves (D-Federal Way), would have directed the Department of Agriculture to develop a Statewide Food Security Strategy with goals to end hunger, reduce environmental health disparities, and increase agricultural sustainability and resilience. A hearing was held on Feb. 21, but the bill was not brought up for a vote in the policy committee by the deadline.
• Reporting Cattle Methane Emissions (House Bill 1630), sponsored by Rep. Lisa Parshley (D- Olympia), would have required each owner or operator of a dairy farm or feed lot to report the annual metric tons of methane emitted from the farm or feed lot to Ecology from the preceeding year. For the first report, the owner or operator could have estimated the total annual emissions by multiplying the average total monthly emissions over a consecutive three-month period within the calendar year covered by the report. The department must adopt rules, including a reporting schedule that provides reasonable lead time for the first report. The industry is concerned that this legislation sets the foundation of what could possibly lead to a per head cow tax in the coming years.
• Overtime Exemption Expansion (House Bill 1184), sponsored by Rep. Suzanne Schmidt (R-Spokane Valley), amends the existing overtime provisions in Washington State by introducing a new exemption for employees of certain nonprofit organizations and small businesses (under 50 employees). The bill allows these entities to classify certain employees as exempt from overtime if they are paid a fixed salary of at least 1.5 times the minimum wage for a 40-hour workweek and meet specific duties-related criteria.
• Local and Tribal Approval for Energy Facility Siting: House Bill 1188, sponsored by Rep. Mary Dye (R-Pomeroy), would have required local government and tribal approval for the siting of wind and solar energy facilities in Washington state. The bill mandated that the Energy Facility Site Evaluation Council (EFSEC) submit its siting recommendations to the relevant county legislative authority and affected federally recognized tribes simultaneously with its submission to the governor. Approval by both the county and each affected tribe, via resolution, is a prerequisite for the governor’s final approval. The bill also established a process for requesting reconsideration of EFSEC recommendations and includes an emergency clause, making it effective immediately upon passage. Public testimony was heard in the House Environment & Energy Committee on Jan. 20.
• Riparian Program Review (Senate Bill 5384), sponsored by Sen. Perry Dozier (R-Waitsburg), directed the Joint Legislative Audit and Review Committee (JLARC) to conduct a comprehensive review of Washington state’s riparian programs. The review would have included an inventory of state-funded riparian programs, an evaluation of their effectiveness, and recommendations to improve access, reduce administrative burdens, and enhance program outcomes. JLARC would have been required to submit a preliminary report by Dec. 1, 2025, and a final report by June 1, 2027, with the section expiring on July 1, 2028. The bill was heard in the Senate Agriculture & Natural Resources Committee on Feb. 6.