There are only two weeks left in the legislative session. Last week, legislators primarily focused their attention on moving legislation through fiscal committees by the Opposite Chamber Fiscal Committee Cutoff on April 4.
Many priority bills made it through the cutoff and are still in play, including middle housing, vehicular pursuits, clean energy siting, transit-oriented development and legislation addressing the Blake Decision.
Following the cutoff, legislators went right back to their respective chambers to debate and vote on bills on the floor.
Housing
There is still a lot of work being done in both chambers surrounding housing issues.
Middle Housing legislation, House Bill 1110, passed out of Senate Ways & Means on April 3. This bill works to create a path for duplexes, triplexes, quadplexes and sixplexes to be built in areas that currently only allow single-family homes. This bill has been pulled from Rules and is expected to be a hotly debated issue if it makes it to the Senate floor before cutoff on April 12.
Transit-oriented development, Senate Bill 5466, which aims to help with traffic congestion and pollution by building denser housing near transit locations, could have some difficulty as it moves through the House. The legislation currently sits in Rules, and it is unclear if there is a path forward for this legislation. House Bill 1628 looks to add a 4% real estate excise tax (REET) for sales over $5 million to help pay for the construction of low-income housing. This bill is considered necessary to implement the budget and is still alive this legislative session.
House Bill 1337 promotes building accessory dwelling units in areas where they are not currently allowed and passed the Senate on April 6, 39-7. House Bill 1181 encourages developers to build high-density housing along transit corridors, limit single-family development, and ease traffic that creates more carbon dioxide. It passed off the Senate floor on April 7 with a party line vote, 29-20. House bills 1337 and 1181 now head to the governor for his signature.
Paid Family and Medical Leave + Ergonomics
While many issues related to labor did make it past the April 5 cutoff, not all did. House Bill 1320, which would have required employers to provide employees with personnel files when requested, died after the fiscal committee cutoff. A bill regarding employees’ Paid Family and Medical Leave Data, Senate Bill 5586, authorizes certain interested parties to access specified information relating to an employee’s Paid Family and Medical Leave claim(s) for the sole purpose of Seattle Metro Chamberistering internal employer leave or benefit practices under established policies. This legislation passed off the House floor unanimously on April 5 and is now headed to the governor’s desk.
This year’s ergonomics legislation, Senate Bill 5217, passed off the House floor on April 7, 51-46, and is now headed to the governor’s desk.
Health Care
Quite a bit of work was done on health care issues last week. On April 4, Senate Bill 5767 was introduced and referred to Senate Ways & Means, which would put an excise tax on the salaries of C-suite hospital executives in Washington state. While this legislation may have some movement between now and April 23, many predict the bill will not have legs because this would be an income tax and not an excise tax.
The Nurse Staffing legislation passed the House, 92-6, on April 6 and will now head to the governor’s desk to be signed into law. Senate Bill 5236 will require the Department of Labor and Industries to regulate and enforce hospital staffing committees, staffing plans, and minimum staffing standards.
On April 4, the attorney general-requested legislation House Bill 1155, known as the My Health My Data Act, was passed and will regulate the collection, sharing, and sale of health data in the state. This legislation will prohibit businesses from collecting and sharing any medical data through consumer purchases or geofencing. The bill passed off the Senate floor on April 5, 27-21.
Environment
Clean energy siting legislation, House Bill 1216, would establish an interagency clean energy siting council to improve siting and the permitting of clean energy projects. This bill awaits a call to the Senate floor for debate and a vote. Puget Sound Energy’s legislation, House Bill 1589, has been a key environmental bill that has progressed through the legislative process this session. The bill works to assist Puget Sound Energy with halting the growth of natural gas by June 30, 2023, as the agency works to pivot reliance on electrifying its power grid. HB 1589 has been moved from Rules, and proponents and opponents are both working hard on this bill.
Department of Natural Resources-requested legislation House Bill 1789 works to allow the Department of Ecology to sell allowances to emit carbon pollution. This bill would allow the Department of Natural Resources to be less reliant on bringing money in through the sale of timber. This legislation garnered a lot of attention as it worked through the legislative process, but now appears to be dead for the session after stalling in the Senate Ways and Means committee; it did not pass out before the April 5 opposite house deadline. However, stakeholders interested in this legislation have not stopped watching this bill, as it could be considered necessary to implement the budget (NTIB) and therefore not subject to cutoffs.
Budgets
In addition to moving policy legislation through fiscal committees this week, the legislature moved budgets through the legislative process. To pass the final budget, the legislature needs to identify which vehicle of the legislation (House or Senate) they will move forward this legislative session. Once identified, that bill will be debated in both chambers, with changes made in the opposite chamber that would need agreement from the originating chamber. Budget negotiations between the House and Senate will continue through the last day of the session.
The Senate passed its Capital Budget Proposal (Senate Bill 5200) unanimously last week. The Senate passed its Capital Budget Proposal (Senate Bill 5200) unanimously last week and its now working its way through the House. The House version of the Capital Budget (House Bill 1147) remains in Rules awaiting to be pulled to the floor for a vote. (House Bill 1147) remains in Rules, awaiting to be pulled to the floor for a vote. The $13.6 billion House Proposed Transportation budget (House Bill 1125) passed off the House floor, 96-1, and then the Senate passed its version of the House Transportation Budget (Engrossed Striker to House Bill 1125) off the floor on April 5, 42-6. The Senate proposed transportation budget (Senate Bill 5162) was placed on a second reading by the rules committee. Last week, the Senate and the House passed the Senate’s nearly $70 billion Proposed Operating Budget (Senate Bill 5187) off the floor, 40-9. On April 3, the House passed its version (Senate Bill 5187) on party lines, 57-40. On April 3, the House passed its version (House Bill 1140) on party lines, 57-40.
To see a full list of bills that have already passed the legislature and have been signed by the Governor, click here.
Legislation to Watch
Employment Law
This legislation would expand social insurance program access to rideshare drivers. Specifically, SHB 1570 provides unemployment insurance to drivers providing services for transportation network companies. It also creates a pilot program in which drivers may elect to pay for Paid Family and Medical Leave coverage. The legislation passed the House, 87-9, on March 2 and was heard in the Senate Labor and Commerce Committee on March 13. The committee took executive action on HB 1570 on March 21. On April 5 the bill was placed on second reading by Rules Committee.
HB 1762 – Protecting warehouse employees
This legislation would apply to any facility with 100 or more employees in a single facility and 500 employees or more statewide. It would restrict the use of quotas. This House version has a private right of action, meaning employees could sue the company for violations. The bill passed the House March 6, 53-42 and was heard March 16 in the Senate Labor and Commerce Committee. On March 23, the committee took executive action on the bill and on March 30 the legislation was placed on second reading by Rules Committee.
SSB 5286 – Modifying the premium provisions of the Paid Family and Medical Leave program
This bipartisan legislation proposes changes to the Paid Family and Medical Leave program including adjusting the way premiums are calculated, raising the cap on premiums and creating a reserve fund. The bill passed the Senate, 48-0, on February 1. The bill was heard in the House Labor and Workplace Standards Committee on March 14 and the committee took executive action on March 17. The legislation was heard and passed by the House Appropriations Committee on March 31 and passed the House, 96-0, on April 6. It will now head to the governor’s desk to be signed into law.
Economic Development
This legislation would implement multiple measures to expand tourism in Washington state, including increasing the revenue collected into the Statewide Tourism Marketing Account from $3 to $9 million per biennium. SHB 1258 was unanimously passed out of the House on March 1. The underlying bill proposed an increase of $26 million per biennium so proponents of the bill are likely to advocate that the full funding be restored as the legislation moves through the Senate. HB 1258 was heard on March 14 in the Senate Business, Financial Services, Gaming and Trade Committee. The Committee took executive session on the bill on March 21 where it adopted an amendment that restored the full funding of $26 million. The bill was passed by the Senate Ways and Means Committee and is now in Rules.
HB 1717/ SB 5379 – Supporting innovation at associate development organizations
This legislation would require the Department of Commerce to establish an annual competitive grant program to support and catalyze initiatives that foster innovation, sustainability, partnerships, and equity at associate development organizations. HB 1717 passed the House 90-6, on March 4. The bill was heard on March 14 in the Senate Business, Financial Services, Gaming and Trade Committee, and the committee took executive action on the bill on March 21. The legislation was heard in the Senate Ways and Means Committee and was scheduled for executive action on April 3, however, no action was taken.
Housing Affordability and Homelessness
HB 1276/SB 5235- Concerning accessory dwelling units
This legislation would require cities and counties to allow ADUs but differs from HB 1337 in that it also allows homeowners to lease the ADUs as short-term rentals. SB 5235 passed the Senate, 42-6, on Feb. 27. The legislation was heard in the House Housing Committee on March 13 and the committee took executive action on March 27. The bill is now in Rules waiting to be pulled to the floor for a vote before the April 12 cutoff.
Public Safety
HB 1638 – Creating a state trooper expedited recruitment incentive program
This legislation would create the State Trooper Expedited Recruitment Incentive Program and directs Washington State Patrol to establish hiring procedures and an accelerating training program for lateral hires from other law enforcement agencies. The bill passed the House on Feb. 27, 94-1 and was heard in the Senate Transportation Committee on March 13. The legislation was passed by the Senate Transportation Committee on April 4 and last week it was pulled from Rules and placed on the Senate floor calendar.
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 bill is to promote in-state use and deployment of sustainable aviation fuels through tax incentives and other tools. On March 13 the legislation was passed by the House Environment & Energy Committee. SB 5447 was heard on March 28 in the House Finance Committee and passed by the Committee on March 31. The bill is now in Rules where it can be pulled to the House floor at any time for a vote.
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 legislation passed out of the House on March 4 with a strong bipartisan vote. A public hearing in front of the Senate Environment, Energy & Technology Committee was held on March 15, On March 24 the committee took executive action and sent the bill to Ways and Means on a party line vote. The bill was heard on March 31 in the Senate Ways and Means Committee and passed by the Committee on April 3. On April 8, HB 1216 was brought to the Senate floor where it passed, 30-18. The bill will now head back to the House for a concurrence vote.
Transportation
HB 1791 – Studying the need for increased commercial aviation services
This legislation would replace the Commercial Aviation Coordinating Commission, which was tasked in 2019 with identifying locations for a new large airport in Western Washington, with a Commercial Aviation Coordinating Work Group. The new Work Group would evaluate the commercial aviation needs of Washington within the broader context of state transportation needs and the specific needs of Western Washington. It would also require the work group to investigate the expansion of existing aviation facilities and possible locations for new greenfield aviation facilities and report on the strengths and weaknesses of each site considered. This substitute was passed out of the House Transportation Committee on Feb. 23. The House passed the bill, 88-9, on March 8. The bill has a public hearing in the Senate Transportation Committee on March 21 and was passed by the Committee on April 4. The bill is now in Rules.
What’s Coming Next
The next deadline is the Opposite House Cutoff on April 12. Following that cutoff, the legislature will spend the remainder of the time negotiating and passing the Capital, Operating, and Transportation budgets before Sine Die on April 23.
Important Dates
April 12, 2023 – Opposite House Cutoff
April 23, 2023 – Sine Die
