Week 7 is now complete, and we are almost at midpoint of the 105-day 2023 legislative session. Last Friday, February 24 was the last day to move bills out of fiscal committees in their house of origin. Several Chamber priority pieces of legislation survived cutoff — nurse staffing (SB 5236), middle housing (HB 1110), transit-oriented development (SB 5466), clean energy siting (HB 1216), the WRAP Act (HB 1131), Blake legislation (SB 5536), and vehicular pursuits (HB 1363). The house of origin cutoff is March 8, and by that date all bill must be voted out of their house of origin this session. After that cutoff, legislators will return to their policy committees to consider bills passed by the opposite chamber.
Beginning on Monday, February 27, legislators will spend much of their time over the next two weeks on the floor debating and passing bills out of their respective chambers until the March 8 house of origin cutoff—when all bills must be voted out of their house of origin (either the House or Senate) to stay alive this session. After cutoff, legislators will return to their policy committees to consider bills passed by the opposite chamber.
Legislation to Watch
Employment Law
SSB 5286 – Modifying the premium provisions of the paid family and medical leave program
This bipartisan legislation proposes changes to the Paid Family Medical Leave (PFML) program including adjusting the way premiums are calculated, raising the cap on premiums, and creating a reserve fund. This bill passed the Senate 48-0 last week and was referred to the House Labor and Workplace Standards Committee for further consideration.
SB 5217 – Concerning the state’s ability to regulate certain industries and risk classes to prevent musculoskeletal injuries and disorders.
This bill repeals the law prohibiting the Department of Labor and Industries from adopting rules related to ergonomics or musculoskeletal disorders. It was pulled from Rules last week and placed on the Senate floor calendar.
SB 5236 – Concerning hospital staffing standards.
The Nurse Staffing legislation is back this year. This bill would require the Department of Labor and Industries to regulate and enforce hospital staffing committees, staffing plans, and minimum staffing standards. The bill was heard last week in the Senate Ways and Means Committee and over 6000 people signed in noting their position for the record. On February 24, the Ways and Means Committee took executive action on the bill which is now in Rules where it can be put on the Senate floor calendar.
Taxes
This legislation would modify the real estate excise tax (REET) to provide funding for housing support for individuals with developmental disabilities and expand funding for the Housing Trust Fund, the Affordable Housing. Last Tuesday, February 21, the House Committee on Finance met to discuss HB 1628—the bill drew strong support from housing advocates and strong opposition from realtors and builders. The bill has yet to be scheduled for executive action however it is not subject to cutoffs.
Housing Affordability and Homelessness
Governor Inslee has proposed the state raise $4 billion to build affordable housing by issuing bonds outside the state’s debt limit, which will require legislative and voter approval. The Senate version passed out of the Senate Housing Committee and has been referred to the Senate ways and Means Committee.
This biennium the conversation surrounding housing supply and the “missing middle” has gained significant momentum. This bill would require cities with a population of at least 6,000 or a city near an urban growth area with a population of more than 200,000 to increase density in residential areas typically dedicated to single-family detached housing. HB 1110 was passed by the House Appropriations Committee on February 24 with a strong bipartisan vote.
HB 1517/SB 5466 – Promoting transit-oriented development
The House version had its first hearing on February 7, and the Senate Companion was passed out of the Senate Local Government, Land Use & Tribal Affairs Committee last week. The bill was also heard in the Senate Transportation Committee last week where it received strong support. On February 23 the Senate Transportation Committee passed the bill out of committee with near unanimous support.
HB 1276/SB 5235- Concerning accessory dwelling units.
This bill would require cities and counties to allow ADUs and would let homeowners to lease the ADUs as short-term rentals. HB 1276 had a public hearing on January 23 but was not scheduled for executive action. The Senate version had a public hearing on January 26, was passed out of committee on February 23 pulled from Rules last week to be placed on the Senate floor calendar.
Public Safety
This legislation sponsored by Senator Robinson is the vehicle for legislation dealing with the Blake decision this session. The bill increases the penalty for knowing possession of a controlled substance or counterfeit substance to a gross misdemeanor, creates a pretrial diversion program for individuals charged with possession of prohibited substances, and provides for vacating possession convictions contingent on the individual completing substance use disorder treatment. SB 5536 was passed by the Senate Ways and Means Committee on February 21 and will now move to Rules where it can be pulled to the Senate floor calendar.
HB 1638 – Creating a state trooper expedited recruitment incentive program
This legislation creates the State Trooper Expedited Recruitment Incentive Program and directs WSP to establish hiring procedures and an accelerating training program for lateral hires from other law enforcement agencies. The bill passed out of the House Transportation Committee unanimously last week and was referred to Rules.
Environment
HB 1505/SB 5447 – Promoting the alternative jet fuel industry in Washington
This session bipartisan legislation was introduced related to sustainable aviation fuels. The goal of the legislation is to promote in-state use and deployment of sustainable aviation fuels through tax incentives and other tools. HB 1505 was heard last week and the Senate bill, which was heard in the Senate Ways and Means Committee on February 20. Last Friday the Senate Ways and Means Committee passed the bill and it will now move to Rules where it can be pulled to the House floor calendar.
HB 1216/ SB 5380 – Concerning clean energy siting
This Governor request legislation would create an Interagency Clean Energy Siting Coordinating Council to be co-chaired by the Department of Ecology and the Department of Commerce. The purpose of the council would be to expedite the permitting for clean energy projects. The bill would also establish a definition for clean energy projects “of statewide significance” and require SEPA review to be completed within two years. This week the House Appropriations Committee passed HB 1216. The bill is now in Rules, waiting to be pulled to the House floor calendar.
What was once known as the RENEW Act (SB 5697 last session) has been rebranded as the Washington Recycling and Packaging Act or WRAP Act, sponsored by Rep. Liz Berry (D-36, Seattle) and Senator Christine Rolfes (D-23, Bainbridge/Kitsap County). The house version was passed last week by the House Appropriations Committee after adopting a proposed second substitute version of the bill and one additional amendment related to packaging for products intended for animals regulated under FIFRA. The bill was moved to Rules where it can be pulled to the House floor calendar at any time for a vote. You can view the full text of 2SHB 1131.
What’s Coming Up Next
Following the release of the March revenue forecast mid-March, the House and Senate will release their respective Operating, Capital, and Transportation budget proposals for the 2023-25 biennium. The biggest uncertainty of the state budget is the new capital gains tax, which the state is currently collecting and is also currently being challenged in the state Supreme Court. If the Supreme Court strikes down the new tax that would result in a large hole in the budget. This year the House is expected to release their budget first; the Senate will release their own version soon after and then negotiations will begin.
2023 Session Cutoff Calendar
January 9, 2023 – First Day of Session
February 17, 2023 – Policy Committee Cutoff
February 24, 2023 – Fiscal Committee Cutoff
March 8, 2023 – House of Origin Cutoff
March 29, 2023 – Policy Committee Cutoff – Opposite House
April 4, 2023 – Fiscal Committee Cutoff – Opposite House
April 12, 2023 – Opposite House Cutoff
April 23, 2023 – Sine Die