WAWG
By Diana Carlen
Lobbyist, Washington Association of Wheat Growers
March 9 was day 56 of the 105-day regular session. With the deadline to pass bills out of their house of origin fast approaching, legislators have been focused this past week on floor action, debating, and voting on bills. The house of origin cutoff is 5 p.m. on March 12. Bills that do not meet this deadline are considered dead and ineligible to move forward this year unless considered Necessary to Implement the Budget (NTIB).
On Thursday, March 13, the focus of the Legislature will shift back to committees. Bills are again assigned to committees and have the same public hearings and debate as in the original chamber. The next legislative deadline is April 2 when all bills from the opposite chamber must pass out of their policy committee to remain alive.
The following is a list of notable bills that were passed by the House and Senate this past week:
- Environmental Crimes (Engrossed Substitute Senate Bill 5360), sponsored by Sen. Yasmin Trudeau (D-Tacoma), increases criminal penalties for environmental crimes. The bill would update the state’s criminal penalties for violations of the Clean Air Act, the Hazardous Waste Management Act, and the Water Pollution Control Act to more closely align with current federal penalties. The bill was amended on the Senate floor to clarify that people doing normal agricultural practices or necessary agency activities, like burnings for forest health that have been approved and permitted by the Department of Natural Resources, are not subject to prosecution and to clarify that the standard of negligence requires a gross deviation from the standard of care that a reasonable person would exercise. Another amendment adopted exempts silt and sediment discharges permitted by a Construction Stormwater General Permit from state Water Pollution Control Act violations. The bill passed out of the Senate on March 4 by a vote of 29-20. Business and agricultural groups continue to have concerns about the bill and have been working as a coalition to make sure there are further amendments to the bill if it moves forward in the House. It is now scheduled for a public hearing in the House Environment & Energy Committee on March 13.
- Enhanced Producer Responsibility Program (EPR) (Engrossed Second Substitute Senate Bill 5284), sponsored by Senator 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. Only one floor amendment was adopted by the Senate which prohibits producer responsibility organizations (PROs) from using any fees collected from the program from being used for lobbying or political activities. The bill passed out of the Senate by a vote of 27-22 on March 7. The bill contains two key amendments for agriculture. First, it exempts agricultural producers with less than $5 million in gross revenue from in-state sales. Second, it prohibits a retailer from assigning responsibility to a person who produces an agricultural commodity introduced under the brand or trade of another manufacturer. The companion bill, House Bill 1150, is still currently in the House Rules Committee. It is doubtful that House Democrat leadership would waste valuable floor time bringing up the companion bill now that the Senate version is headed over. The Senate bill, however, still faces challenges when it eventually gets to the House floor as House Democrats still are undivided on whether to move forward with a full blown EPR program. The pressure will be on House Democrats to figure out whether they can resolve this issue now that the Senate has passed legislation on the issue.
- Unemployment Benefits for Striking Workers (Substitute Senate Bill 5041), sponsored by Senator Marcus Riccelli (D-Spokane), would allow workers who choose to go on strike to be eligible for unemployment insurance (UI) benefits. The bill was amended on the Senate floor to limit unemployment benefits for striking workers to 12 weeks and the law to expire after 10 years. A proposed amendment by Senate Minority Leader John Braun would have further limited the benefits to four weeks, but failed by one vote. The bill passed the Senate on March 7 by a vote of 28-21. The bill takes effect on Jan. 1, 2026. 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.
- 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 to establish a refrigerant transition task force to complete a study by 2027 addressing the transition to low-GWP refrigerants, and requires Ecology to adopt rules based on the task force’s work to require low-GWP or ultra-low GWP refrigerants. The bill passed out of the House by a vote of 59-38 on March 5.
- 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. The bill passed the Senate unanimously on March 7.
- 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 passed unanimously off the House floor on March 5.
- 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 the House unanimously on March 7.
- Dairy Inspection Program Extension (House Bill 1553), extends the expiration date of Washington’s dairy inspection program from June 30, 2025, to June 30, 2031. The program, funded by an assessment on milk processed in the state, ensures compliance with the pasteurized milk ordinance of the National Conference on Interstate Milk Shipment. The bill passed out of the House unanimously on March 5.
Bills Still Sitting in Rules Committee or on Floor Calendar Waiting a Vote: Waiting for a Pull to the Floor Calendar:
- 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. Rep. Dent is closely working with the Governor’s Office who has made this issue a priority. A new draft of the bill was released this past week. The bill would require Ecology to publish a directory to notify farmers of retail fuel sellers that sell exempt fuel used for agricultural purposes. The bill also sets up a rebate program similar to the budget proviso from last year but lifts the cap that is in current law that would be in effect through June of 2027 for folks who are not able to get exempt fuel. Finally, it makes the exemption for fuel used to transport agricultural products on public highways permanent. The bill is currently in the House Rules Committee awaiting a pull to the House floor calendar so that it is eligible to be voted on by the House chamber. A letter signed by almost every major agricultural organization was sent to legislators this past week urging support for this latest version.
- County Utility Tax Authorization (Substitute House Bill 1702), sponsored by Rep. Sharon Wylie (D-Vancouver), authorizes counties in Washington to impose a public utility tax (PUT) 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 business community is strongly opposed to these additional tax increases. The bill passed out of the House Appropriations Committee with an amendment that would require 0.2% of the tax revenues be used for utility assistance for low-income residents. The substitute bill also clarifies that the county PUT applies only to unincorporated areas of the county (i.e. to prevent double taxation by a city and county) and that the state PUT may not be imposed on the taxes collected by a county public utility tax. The bill is currently in the House Rules Committee and requires a pull to the House floor calendar.
- Auction Price Containment CCA (Substitute House Bill 1975), sponsored by Rep. Joe Fitzgibbon (D-West Seattle), amends price containment mechanisms related to the Climate Commitment Act (CCA) allowance markets, including setting the price ceiling for calendar years 2026 and 2027 at $80. The bill was pulled from the Rules Committee to the floor calendar on March 9 and is now eligible for a vote at any time.
- 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 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 January 1, 2025. The bill was pulled from the Rules Committee to the floor calendar on March 9 and is now eligible for a vote at any time.
- Paid Family Leave Expansion (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). It also expands access to grants for small employers to offset the costs of employees’ use of leave in the PFML Program. The bill is currently on the House floor calendar and could be brought up for a vote at any time. AWB and other business groups oppose this bill.
- Environmental Justice Integration (Substitute House Bill 1303), sponsored by Rep. Sharlett Mena (D-Tacoma), would integrate environmental justice considerations into certain projects by adding it as an element of the environment and a part of the SEPA checklist. The bill was amended significantly to simply require Ecology to undertake rulemaking to implement the environmental justice component and develop mitigation guidance. The bill is currently in the House Rules Committee.