HomeMy WebLinkAbout09/20/2016 15A 2016 State Legislative Report xs .1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 15.A.
For Meeting of: September 20, 2016
ITEM TITLE: 2016 State Legislative Report
SUBMITTED BY: Randy Beehler, Communications & Public Affairs Director
SUMMARY EXPLANATION:
At a Yakima City Council study session conducted on Tuesday, August 30 a request was made
to provide Council members with a report regarding the status of legislation the City was actively
pursuing, supporting, monitoring, or otherwise tracking during the 2016 session of the
Washington State Legislature.
Attached is a "City of Yakima Detail Report" produced by City of Yakima Olympia lobbyist Jim
Justin. The report was completed after the legislature completed its 60 -day regular session.
Also attached is a PowerPoint report produced by City of Yakima Olympia lobbyist Jennifer
Ziegler summarizing the 2016 session. Mrs. Ziegler's report was completed following
adjournment of a special session the legislature conducted from March 11th to March 29th for the
specific purpose of adopting a supplemental budget.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: NA
if
APPROVED FOR
SUBMITTAL: City Manager
STAFF RECOMMENDATION:
N/A
BOARD /COMMITTEE RECOMMENDATION:
N/A
ATTACHMENTS:
Description Upload Date Type
D Memorandum re: 2016 State Legislative Report 9;9/2016 Cover Memo
2016 State Legislative Session - City of Yakima Detail
D 9/9/2016 Cover Memo
Report
D 2016 Legislative Wrap-Up - Power Point 9/9/2016 Cover Memo
2016 Session Recap - AVVC Government Relations
D 9/9/2016 Cover Memo
Director Dave Williams
NEMORADDD[D
To: City Council Members
From: Communications & Public Affairs Director Randy Beehler
Subject: 2016 State Legislative Report
Date: Thursday, September 15 2016
Council members,
At a Yakima City Council study session conducted on Tuesday, August 30 a request was made to
provide Council members with a report regarding the status of legislation the City was actively
pursuing, supporting, monitoring, or otherwise tracking during the 2016 session of the Washington
State Legislature.
Attached is a "City of Yakima Detail Report" produced by City of Yakima Olympia lobbyist Jim Justin.
The report was completed after the legislature completed its 60 -day regular session. Also attached is
a PowerPoint report produced by City of Yakima Olympia lobbyist Jennifer Ziegler summarizing the
2016 session. The legislature did reconvene for a special session from March 11 to March 29 of this
year for the specific purpose of adopting a supplemental budget. Mrs. Ziegler's report was completed
following adjournment of the special session. Additionally, a 2016 session recap written by Association
of Washington Cities Government Relations Director Dave Williams is attached.
As the detail report, PowerPoint report, and session recap indicate, some of the items of interest to the
City during the 2016 session ended up stalled at some point in the committee process, whether that be
in the House or the Senate. Because the legislature was facing funding challenges related to court
rulings concerning education investments, mental health care, etc. as well as record - setting wildfires,
legislation related to projects and /or programs not directly related to education, mental health, etc. or
wildfires faced a difficult uphill battle to make it through the legislature.
Local government did achieve some important success during the 2016 state legislative session. All
major state - shared revenue sources were preserved, although a hoped -for elimination of the cap on
liquor profits was not lifted by the legislature. Funding was restored to provide two additional training
classes during 2016 at the state's Basic Law Enforcement Academy, but it its estimated eight more
annual classes are needed to meet demand. At risk at one point, full funding for the Municipal
Research Services Center was preserved.
On the downside, an additional $154 million was swept from the Public Works Trust Fund, a funding
source cities in general and the City of Yakima in specific have long relied on to assist in the building of
critical local infrastructure. In previous sessions, $77 million had been swept from the fund to pay other
state government expenses. A work group authorized by the legislature is currently working on a
recommendation regarding the future of the fund, which will be presented to the legislature during the
2017 session.
Progress was made during the 2016 session on some items of particular interest to the City, even
though the legislature did not take final action on them. Progress was made regarding public records
and police body cameras, and more work will be done on those issues during the 2017 session.
Issues related to homelessness and affordable housing also gained traction during the 2016 session
and will continue to be pursued during the upcoming session of the legislature.
Please let me know if you have any questions about the 2016 state legislative session. I can be
contacted by phone (901 -1142) or e-mail (randy.beehler @yakimawa.gov).
City of Yakima Detail Report
Background
As you have heard by now, the Legislature did not complete its work last Thursday. They adjourned about 9:15
pm and the Governor called them into an immediate 30 -day special session at 10:00 pm. Most legislators have
gone home and only the budget writers and leadership remain in Olympia. Some believe they can conclude
their work this weekend but only if they make significant progress by Wednesday no later than Thursday. No
signs of that kind of progress as of Tuesday afternoon. They may be here a while.
As you also know, the Governor indicated that if the Legislature did not complete its work on time, he would
start vetoing bills. The Governor did veto 27 bills last Thursday and signed 10 bills. All of the bills were from the
Senate. Often a Governor will ask each chamber to hold bills that are passed earlier in session, to ensure that
they become 20 -day bills, instead of five day bills. Essentially, that means that the Governor has twenty days to
act on the bill, rather than five. The House did hold their bills and as a result, there were no House bills that
were eligible for the Governor's veto. The Senate did not hold their bills, which is why all of the bills vetoed by
the Governor were Senate bills.
As a reminder, bills that were dead during the regular session are now alive during the special session.
Although we expect the focus of the special session will only be on the budgets - Operating and Capital.
The Senate Ways and Means Committee did hold a public hearing on a new general fund operating budget
proposal Friday afternoon. Below are highlights of that proposal:
• Although the language in the budget is not entirely clear and we continue to attempt to resolve,
comments from the Senators during the public hearing indicate an intent not to cut MRSC funding. The
budget language does include legislative intent to investigate whether support for MRSC should
continue in the future.
• The budget proposal assumes that an additional $154 million from the Public Works Assistance Account
is transferred to the state general fund in the 17 -19 biennium. This $154 million transfer would be in
addition to the $73 million per biennia transfer directed in the current law budget. The budget assumes
the passage of legislation sponsored by Senator Keiser that would provide local governments a
certificate that provides a full faith and credit guarantee to pay bond holders for debt issued for a
project and would allow the State Treasurer to aggregate and issue bonds for certain local projects.
• The Senate proposal no longer assumes savings associated with merging LEOFF 1 and TRS 1 retirement
systems, but they do indicate an intent to further examine the potential merger over the interim.
• The Senate proposal also no longer assumes utilizing mental Regional Support Network reserve funds.
• The budget continues to take the fire insurance premium tax revenue that 44 cities receive, but
transfers the funding to the disaster response account instead of the general fund.
• It appears that this budget proposal does not increase local obligations in relationship to the Basic Law
Enforcement Academy costs, but we are in the process of securing confirmation.
Detail Report
March 15, 2016
Page 1 of 11
To date there is no indication that this proposal will be formally advanced from Ways and Means. It appears it
was simply a means of daylighting the latest Senate proposal.
We will continue to "work" our city issues and keep you informed.
Upcoming Events
Bill Details Status Sponsor Priority Position
Breed -based dog regulations H Rules R Appleton Monitoring
Preventing breed -based dog regulations.
HB 1018
Prohibits the breed of a dog from being considered when declaring a dog dangerous or potentially
dangerous. Prohibits a local jurisdiction from prohibiting possession of a particular breed of dog or
declaring a breed of dog to be dangerous or potentially dangerous.
Minimum hourly wage increase H Labor & Workpla Farrell Monitoring
HB 1355 Increasing the minimum hourly wage to twelve dollars over four years.
(SB 5285)
Increases the minimum wage to twelve dollars an hour over a four -year time period.
Marijuana, prohibiting /vote H Rules X Sawyer Monitoring
Permitting cities, towns, and counties to prohibit the production, processing, and sale of marijuana under
Initiative Measure No. 502 only by public vote.
HB 1438
Allows a county, code city, city, or town to prohibit by ordinance the siting or operation of a marijuana
business or facility. Authorizes a registered voter of a county, city, or town to submit a petition calling for
the county, city, or town to prohibit the siting or operation of a marijuana business or facility.
Voting rights H Rules 3C Moscoso High Support
E2SHB Enacting the Washington voting rights act.
1745 (SB
5668) HB 1745 -S2 - DIGEST Establishes the Washington voting rights act of 2016 to: (1) Authorize district -
based elections; (2) Require redistricting and new elections in certain circumstances; and (3) Establish a
cause of action to redress lack of voter opportunity.
Public works requirements H Rules R Kilduff Monitoring
Concerning public works assistance account program interest rates, project ranking, board membership,
HB 2146 and other requirements.
Changes the composition of the public works board. Modifies public works projects provisions relating to
interest rates for loan programs and the priority process for certain projects.
Detail Report
March 15, 2016
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State auditor H Rules 3C Chandler Monitoring
Concerning the state auditor including allowing for audits to be conducted by a private entity and
establishing an appeal process. (REVISED FOR ENGROSSED: Concerning the state auditor including
ESHB 2148 allowing for audits to be conducted by a private entity. )
Authorizes local governments to request a financial audit from a certified public accountant firm in lieu of
an audit by the state auditor. Requires local governments to have a financial audit by the state auditor at
least once every four financial audits.
Cities and counties /fiscal H Finance Reykdal Monitoring
Promoting the fiscal sustainability of cities and counties.
ESHB 2156 HB 2156 -S - DIGEST Addresses the fiscal sustainability of cities and counties with regard to: (1) Nuisance
abatement assessments in cities and towns; (2) Cost recovery mechanism for public records sought for
commercial purposes; (3) Health coverage purchased by political subdivisions through the public
employees' benefits board program; and (4) Sales and use tax for cities to offset municipal service costs to
newly annexed areas.
Public record request limits H State Governme MacEwen Monitoring
Limiting out -of -state requests for public records.
HB 2290
Authorizes agencies to limit responses to public records requests to requestors who reside in
Washington, represent a Washington business, or represent the news media.
Operating sup budget 2016 H Rules 3C Dunshee Monitoring
ESHB 2376
(ESSB Making 2016 supplemental operating appropriations.
6246)
Makes 2016 supplemental operating appropriations.
23 Supplemental capital budget H Rules R Tharinger Monitoring
HB (ESSB Concerning the supplemental capital budget.
6201)
Adopts the supplemental capital budget.
Condominium conversion fee H Comm Dev, Hous McBride Monitoring
Supporting affordable housing with a local government fee on condominium conversions.
HB 2395
Authorizes the governing body of a city to fix and impose a conversion fee for the recording of a
declaration of a conversion condominium. Requires the collected fees to be deposited in an affordable
housing fund established by the city and used for affordable housing development.
Excess liquor revenue dist. H Approps Nealey Medium Support
HB 2438 Concerning gradually increasing the local government share of excess liquor revenues until the
(SB 6425) percentage -based method for distributions is restored.
Declares an intent to: (1) Remove the statutory cap on excess liquor revenues and gradually return the
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March 15, 2016
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distributions to cities and counties to the percentage amounts before Initiative Measure No. 1183; and (2)
Restore the previous funding percentages based on a phased -in approach, over several years.
Affordable housing zones H Comm Dev, Hous Appleton Monitoring
Providing a property tax exemption for certain property within an affordable housing incentive zone.
HB 2442
Allows local governments to promote affordable housing through the designation of affordable housing
incentive zones. Provides property tax relief to property owners within these zones who qualify for
affordable housing or who offer affordable housing to qualifying tenants.
Indust & manuf construction H Finance Stokesbary Monitoring
Modifying a property tax exemption for the value of new construction of industrial and manufacturing
HB 2538 industries in targeted areas.
Modifies a property tax exemption for the value of new construction of industrial and manufacturing
industries in targeted areas.
Affordable housing /prop. tax H Finance Frame Monitoring
Authorizing local governments to adopt a property tax exemption program for the preservation of certain
HB 2544 affordable housing.
(2SSB
6239) Authorizes city governing authorities to adopt a property tax exemption program, and county
governing authorities to adopt a property tax exemption program for unincorporated jurisdictions, to
preserve affordable housing that meets health and quality standards for very low- income households at
risk of displacement or that cannot afford market -rate housing.
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Synthetic turf materials H Environment Pollet Monitoring
Ensuring that recreational facilities with synthetic turf materials are not a hazard to public health.
Prohibits a person from constructing, installing, replacing, refilling, or otherwise deploying synthetic turf
HB 2547 for use in a field, playground, or recreational facility unless the manufacturer demonstrates the safety of
the synthetic turf to the department of ecology. Requires the department of ecology and the department
of health to establish a synthetic turf safety advisory committee. Requires the department of health to
establish a registry to track the incidence of cancer and lung diseases among high- frequency users of
synthetic turf fields, playgrounds, and recreational facilities or highly exposed population groups.
Local sales & use tx changes Del to Gov Vick Monitoring
HB 2565 Reducing the frequency of local sales and use tax changes.
Removes the option for a local sales and use tax change to take effect on the first day of October.
Local agency public records H Rules X McBride High Support
Concerning public records act requests to local agencies.
HB 2576
Revises the public records act with regard to requests to local agencies. Creates the public records
commission to administer the provisions of the public records act. Authorizes public agencies to recover
Detail Report
March 15, 2016
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their costs for public records requests by charging a reasonable fee when records are requested for the
purpose of sale or resale. Creates the dedicated open records account.
District -based elections H State Governme Manweller Monitoring
HB 2617 Authorizing political subdivisions to implement district -based elections.
Authorizes the implementation of district -based elections by political subdivisions.
Tax foreclosed prop. /housing H Rules 3C Jinkins Monitoring
Disposing tax foreclosed property to cities for affordable housing purposes.
HB 2647 -S - DIGEST Requires the county legislative authority to give notice to a city in which any tax
ESHB 2647 foreclosed property is located within at least sixty days of acquiring the property and prohibits the county
(SSB 6337) from disposing of the property at public auction or by private negotiation before giving the notice.
Requires the notice to offer the city the opportunity to purchase the property for the original minimum
bid, under certain conditions which include the city: Accepting the offer within thirty days of receiving
notice; providing that the property is suitable and will be used for an affordable housing development;
and agreeing to transfer the property to a local housing authority or other nonprofit entity eligible to
receive assistance from the affordable housing program.
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Historic building rehab. tax H Comm Dev, Hous Pettigrew Monitoring
Authorizing cities to impose a temporary property tax increase to fund historic building rehabilitation.
Authorizes a city legislative authority, subject to any otherwise applicable statutory dollar rate
HB 2688 limitations, to impose regular property taxes in an amount exceeding the limitations provided for in
chapter 84.55 RCW (limitations upon regular property taxes). Requires a city that increases its levy to use
the additional funds exclusively for the rehabilitation of historic buildings where there is a finding by the
appropriate city official that designated buildings pose a significant risk to the public safety in the event of
an earthquake.
Small & limited public works H Cap Budget Kochmar Monitoring
Modifying and updating small works roster construction and limited public works requirements.
Authorizes state agencies and authorized local governments to: (1) Use a uniform small works roster to
HB 2722 award contracts for construction, building, renovation, remodeling, alteration, repair, or improvement of
(SB 6393) real property with an estimated cost of five hundred thousand dollars or less; and (2) Create a single
general small works roster or a small works roster for different specialties or categories of anticipated
work. Requires the department of enterprise services to work with the municipal research and services
center to notify local governments authorized to use small works rosters of this authority and to provide
guidance on how to use the authority.
Public defense fund distrib. H Rules 3C Jinkins High Support
Clarifying public defense fund distributions.
HB 2764 Provides that, each fiscal year, nine hundred thousand dollars of the revenue generated by the 2015
supreme court order to increase the base traffic infraction fines is for the office of public defense.
Requires the office of public defense to distribute fifty percent of those funds to counties and fifty percent
to cities, according to the requirements in sections 3 and 4 of this act.
Detail Report
March 15, 2016
Page 5 of 11
Municipal water rights H Ag & Nat Res Shea Monitoring
HB 2788 Identifying water rights for municipal water supply purposes.
(ESSB
6215) Expands the definition of "municipal water supply purposes," for purposes of this act, to include irrigation
or agricultural irrigation purpose of use water rights, and dairy purpose of use water rights, held or
acquired by a municipal water supplier.
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Officer use of deadly force H Public Safety Moscoso Monitoring
Addressing the use of deadly force by a public officer or peace officer.
HB 2907
Gives law enforcement clear guidance on when use of deadly force is justifiable and when it is not which
will benefit both law enforcement officers and the communities they serve.
Police /deadly force Del to Gov Ryu Monitoring
Establishing the joint legislative task force on the use of deadly force in community policing.
Creates the joint legislative task force on the use of deadly force in community policing. Requires the task
ESHB 2908 force to: (1) Review laws, practices, and training programs regarding the use of deadly force in this state
and in other states; (2) Review current policies, practices, and tools used by or otherwise available to law
enforcement as an alternative to lethal uses of force, including tasers and other nonlethal weapons; and
(3) Review proposals and recommend modifications to the standards for justifiable homicide and
criminal liability in RCW 9A.16.040 to assure adequate protection for law enforcement and the
community. Expires December 31, 2016.
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Water, underground storage S Rules X Honeyford Low Oppose
Concerning underground artificial storage and recovery projects.
Specifies that an underground artificial storage and recovery project is deemed to comply with state
SSB 5018 water quality standards for groundwater if the following requirements are met: (1) Water stored in the
project is controlled so there is a high likelihood that the quantity of water stored will be available for
recovery; (2) Water stored in the project that is not recovered does not preclude groundwater from being
used for beneficial uses in the future; (3) The project is protective of aquatic resources; and (4) At the
point of injection, water quality for water in the project does not exceed fifty percent of the state drinking
water quality standard for maximum contaminant levels or maximum residual disinfectant levels.
Hazardous material transport S Rules X Ericksen Monitoring
Concerning the safe transport of hazardous materials.
SB 5057 -S2 - DIGEST Requires the department of ecology to: (1) Provide grants to emergency responders
to assist with oil spill and hazardous materials response and firefighting equipment and resources needed
E2SSB to meet the requirements of this act; and (2) Convene a panel to evaluate and assess vessel traffic
5057 management and vessel traffic safety within the Columbia river and Grays Harbor. Requires first -class
cities to provide to the utilities and transportation commission a list of existing public crossings within
the limits of a first -class city. Requires the emergency management council to require local emergency
planning organizations to submit hazardous materials plans and to update the plans on a five -year cycle
for compliance review by the adjutant general. Requires the department of ecology and the utilities and
transportation commission to jointly hold a symposium on oil spill prevention and response activities for
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March 15, 2016
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international transport of liquid bulk crude oil. Authorizes the utilities and transportation commission to
adopt rules governing safety standards for private crossings along the railroad tracks over which crude
oil is transported in the state. Authorizes employees of the utilities and transportation commission,
certified by the federal railroad administration to perform hazardous materials inspections, to enter the
property of any business that receives, ships, or offers for shipment hazardous materials by rail. Imposes
an oil spill response tax and an oil spill administration tax on the privilege of receiving crude oil at a bulk
oil terminal within this state from a tank car.
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Infrastructure /local govt Del to Gov Brown Monitoring
E2SSB Concerning infrastructure financing for local governments.
5109 (HB
1648) Modifies provisions relating to the local revitalization financing program. Removes the requirement of the
department of revenue to award state contributions on a first -come, first - served basis. Makes the
department of commerce the approving agency responsible for selection of project awards.
Aircraft excise taxes S Rules X Hobbs Medium Support
Modifying the distribution and use of aircraft excise taxes.
SSB 5324
Requires aircraft excise taxes to be credited by the state treasurer to the aeronautics account for state
grants to airports and the administrative expenses associated with grant execution and the collection of
excise taxes under chapter 82.48 RCW.
Public employee bargaining S Rules X Braun Monitoring
Requiring public employee collective bargaining sessions to be open meetings.
SB 5329
Requires collective bargaining sessions with employee organizations involving contract negotiations to be
open to the public.
Children /guardians, family S Rules X Roach Low Support
Exempting information of guardians or family members of children enrolled in child care, early learning,
parks and recreation, after - school, and youth development programs.
SB 5396
Exempts from public inspection and copying under the public records act, personal information of certain
family members and guardians of children enrolled in early learning or child care services, parks and
recreation programs, youth development programs, and after - school programs.
Wheeled all- terrain vehicles S Rules X Roach Low Support
Providing liability immunity for local jurisdictions when wheeled all- terrain vehicles are operated on
SSB 5411 public roadways.
Provides immunity from liability to local jurisdictions when wheeled all- terrain vehicles are operated on
public roadways.
Optional salary deferral Del to Gov Bailey Monitoring
ESSB 5435 Expanding participation in the Washington state deferred compensation program. (REVISED FOR
ENGROSSED: Addressing optional salary deferral programs. )
Detail Report
March 15, 2016
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SB 5435 -S - DIGEST Requires counties, municipalities, and other subdivisions of the state that participate
in one or more of the state retirement systems, to offer the state deferred compensation program as an
option to employees eligible to participate in a deferred compensation plan.
Water services procurement S Rules X Warnick Monitoring
Concerning municipal procurement of water services.
ESSB 5470
SB 5470 -S - DIGEST Authorizes each municipality or water district to contract for asset management
service of its water storage assets.
Local sales & use tx changes S Rules X Braun Monitoring
SB 5511 Reducing the frequency of local sales and use tax changes.
Removes the option for a local sales and use tax change to take effect on the first day of October.
Real estate excise tax S Rules X Dansel Monitoring
SB 5585 Granting counties and cities greater flexibility with real estate excise tax proceeds.
Addresses the use of real estate excise tax proceeds by counties and cities.
Voting rights S Rules X Habib High Support
SB 5668 Enacting the Washington voting rights act.
(E2SHB
1745) Establishes the Washington voting rights act to: (1) Authorize district -based elections; (2) Require
redistricting and new elections in certain circumstances; and (3) Establish a cause of action to redress
lack of voter opportunity.
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Nuisance abatement S Rules 3 Padden Monitoring
Allowing assessments for nuisance abatement in cities and towns.
ESSB 5694 SB 5694 -S - DIGEST Requires a city, town, or code city, that exercises its authority to abate a nuisance
which threatens health or safety, to provide prior notice, sent by regular mail, to the property owner that
abatement is pending and a special assessment may be levied on the property for the expense of
abatement.
Property crimes, impacts of S Rules X Hargrove Monitoring
Addressing and mitigating the impacts of property crimes in Washington state.
Responds to the findings of the state justice reinvestment task force by: (1) Changing sentencing policy to
2SSB 5755 require supervision of certain people convicted of property offenses; (2) Providing treatment, if needed,
(HB 1885) and programs to reduce recidivism; and (3) Providing additional support to local governments and
victims of property crime. Changes the duties and composition of the sentencing guidelines commission.
Provides for termination and review, under the sunset act, of the sentencing guidelines commission's
authorities as established in this act. Requires the sentencing guidelines commission, if requested by a
legislator, to prepare a racial and ethnic impact analysis that describes the effects of proposed legislation
on the racial and ethnic composition of the criminal offender population or recipients of human services.
Detail Report
March 15, 2016
Page 8of11
Requires the department of commerce to: (1) Establish a law enforcement grant program and a pretrial
grant program; (2) Use an advisory committee to evaluate grant applications and monitor the
effectiveness of grant projects in terms of property crime reduction; (3) Consult with counties and local
law enforcement agencies when determining grant eligibility requirements and criteria; and (4) Report to
the sentencing guidelines commission on the effectiveness of the grant programs. Provides that this act is
null and void if appropriations are not approved.
Fireworks, regulation of S Rules X Benton Medium Oppose
Addressing local authority in the regulation of fireworks.
SB 5914
(HB 1702) Authorizes a county or a city to enact an ordinance that is more restrictive than state law as to the days
and hours of legal sale of consumer fireworks, the days and hours of legal use of consumer fireworks, and
types of consumer fireworks that may be sold and used within the geographical boundary of that county
or city.
Tourism marketing S Rules X Brown Monitoring
Enacting the tourism marketing act.
SB 5916 Establishes the statewide tourism marketing act. Establishes the framework and funding for a statewide
(HB 1938) tourism marketing program. Establishes the Washington tourism marketing authority. Creates the
statewide tourism marketing account. Imposes a charge of fifteen cents per occupied room per night on
every lodging business in this state and requires the revenue from the charge, including penalties and
interest on delinquent lodging charges, to be deposited in the statewide tourism marketing account.
Trans projects /sales, use tx S Rules X King Monitoring
Transferring certain state sales and use taxes collected on transportation projects to the connecting
ESSB 5990 Washington account.
Transfers from the general fund to the connecting Washington account, state sales and use taxes paid
with funds appropriated in an omnibus transportation appropriations act for transportation projects.
DOT /env leg stew acct funds S Rules X King Monitoring
Concerning activities at the department of transportation funded by the environmental legacy
stewardship account.
ESSB 5991
SB 5991 -S - DIGEST Provides funding for legacy storm water permit compliance activities and fish
passage barrier removal activities at the department of transportation from the environmental legacy
stewardship account.
Water, sewerage businesses S GovtOp &Sec Chase High Oppose
Limiting tax imposed by a city or town on a water distribution business, a sewerage system business, or
water and sewerage system business.
SB 6115
Prohibits a city or town from imposing a tax on the privilege of conducting a water distribution business,
a sewerage system business, or a water and sewerage system business at a rate that exceeds six percent
unless the rate is first approved by a majority of the voters of the city or town voting on the proposition.
Detail Report
March 15, 2016
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District -based elections S Rules X Roach Monitoring
SB 129 Allowing cities, towns, code cities, and counties to choose to conduct district -based elections.
Allows a local government to choose to conduct a district -based election.
Supplemental capital budget S Rules 3 Honeyford Monitoring
ESSB 6201 Concerning the supplemental capital budget.
(HB 2380)
Adopts the supplemental capital budget.
Affordable housing options S Rules 3 Fain Monitoring
Providing local governments with options to preserve affordable housing in their communities.
2SSB 6239
(HB 2544) Authorizes city governing authorities to adopt a property tax exemption program, and county governing
authorities to adopt a property tax exemption program for unincorporated areas of the county, to
preserve affordable housing that meets health and quality standards for very low- income households at
risk of displacement or that cannot afford market -rate housing.
Operating sup budget 2016 S Rules 3 Hill Monitoring
ESSB 6246
(ESHB Making 2016 supplemental operating appropriations.
2376)
SB 6246 -S - DIGEST Makes 2016 supplemental operating appropriations.
Tax foreclosed prop. /housing Del to Gov Darneille Monitoring
Disposing tax foreclosed property to cities for affordable housing purposes.
Requires the county legislative authority to give notice to a city in which any tax foreclosed property is
SSB 6337 located within at least sixty days of acquiring the property except when a public agency purchases the
(ESHB tax - foreclosed property for public purposes. Prohibits the county from disposing of the property at public
2647) auction or by private negotiation before giving the notice. Requires the notice to offer the city the
opportunity to purchase the property for the original minimum bid. Requires the city, if it chooses to
purchase the property, to: (1) Accept the offer within thirty days of receiving notice; (2) Provide that the
property is suitable and will be used for an affordable housing development; and (3) Agree to transfer the
property to a local housing authority or other nonprofit entity eligible to receive assistance from the
affordable housing program.
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Small & limited public works S Rules X Warnick Monitoring
Modifying and updating small works roster construction and limited public works requirements.
Authorizes state agencies and authorized local governments to: (1) Use a uniform small works roster to
SB 6393 award contracts for construction, building, renovation, remodeling, alteration, repair, or improvement of
(HB 2722) real property with an estimated cost of five hundred thousand dollars or less; and (2) Create a single
general small works roster or a small works roster for different specialties or categories of anticipated
work. Requires the department of enterprise services to work with the municipal research and services
center to notify local governments authorized to use small works rosters of this authority and to provide
guidance on how to use the authority.
Detail Report
March 15, 2016
Page 10 of 11
Affordable housing S HumSer /MenHlth Miloscia Monitoring
Creating an affordable housing for all program.
Establishes the Washington affordable housing for all act. Creates the state affordable housing for all
program within the department of commerce with the goal a decent, appropriate, and affordable home in
SB 6422 a healthy, safe environment for every very low- income household in the state by 2026. Requires each
county to: (1) Convene a county affordable housing task force; and (2) Direct the task force to prepare
and recommend to its county legislative authority a county affordable housing for all plan for its
jurisdictional area. Requires the department of commerce to contract with the employment security
department to annually establish two self- sufficiency income standards. Provides that this act is null and
void if appropriations are not approved.
Excess liquor revenue dist. S Ways & Means Hewitt Medium Support
Concerning gradually increasing the local government share of excess liquor revenues until the
SB 6425 percentage -based method for distributions is restored.
(HB 2438)
Declares an intent to: (1) Remove the statutory cap on excess liquor revenues and gradually return the
distributions to cities and counties to the percentage amounts before Initiative Measure No. 1183; and (2)
Restore the previous funding percentages based on a phased -in approach, over several years.
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Public works assist. loans S Ways & Means Chase Monitoring
Concerning public works assistance account loan repayment.
SB 6508 Authorizes local governments owing repayment amounts, in any fiscal year during which no new loans
from the public works assistance account are authorized by the legislature, to not remit those payments,
and the principal of those payments are forgiven. Requires those local governments choosing to not make
the payments to deposit the amount of the payment in the jurisdiction's capital projects account.
Language of public notices S Rules X Hasegawa Monitoring
Providing public notices of public health, safety, and welfare in a language other than English.
Requires state agencies, required by law or rule to provide public notices to a community or area to
SB 6530 advise or inform the public about an imminent or emergent public health, safety, or welfare risk, to also
(HB 2926) provide notices in the language that diverse residents can understand when a significant segment of the
community speaks a language other than English and has limited proficiency in English. Requires each
local organization or joint local organization for emergency management to maintain updated
demographic data for their jurisdictions and information on the languages represented by their
respective communities.
Detail Report
March 15, 2016
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2016 Legislative Session Report
General Background
• The Legislature convened on January 11, 2016.
• The Senate Majority Caucus Coalition retained
the majority in the 2015 elections. Republicans,
joined by Senator Tim Sheldon, have a 26 -23
majority in the Senate.
• The previous House Democratic majority
decreased from 51 -47 to 50-48.
• Although it was a 60 -day legislative session, one
special session was required to reach final budget
agreements.
2
Overall Challenges
• Although the Legislature started the 2016 session with increases
in overall state revenue projections, those projections were
offset by caseload increases and wildfire costs.
• The Governor's budget release prior to the start of the legislative
session also highlighted the need to address teacher shortages
and mental health issues.
• Passage of Initiative 1366 raised questions regarding whether
the Legislature would send a constitutional amendment to the
voters regarding the Legislature's taxing authority.
• Major policy issues for the 2016 legislative session included
charter schools, carbon pricing and a state minimum wage rate
increase.
3
2016 General Fund Results
• The 2016 supplemental general fund operating budget increases
spending by a net of $191 million from the 2015 -17 enacted
spending level of $38.2 billion.
• The budget appropriates $190 million from the Budget
Stabilization Account for wildfire costs in the 2015 -17 biennium.
• The budget is projected to leave $578 million in unrestricted
reserves and $701 million in the Budget Stabilization Account at
the end of the 2015 -17 biennium.
• Based on the four -year outlook, the proposed final supplemental
budget proposal is projected to leave an unrestricted ending
fund balance of $1.1 billion in the Budget Stabilization Account
at the end of the 2017 -19 biennium.
2016 General Fund Local Government
Impacts
• All of the major state - shared revenues (liquor excise tax, liquor profits distribution)
are preserved. We were not successful in eliminating the cap on liquor profits, but
the Legislature did not further erode that revenue.
• Although previous versions of the budget cut funding for Basic Law Enforcement
Academy training classes and increased the local government contribution for
training, the agreed upon budget does not make those cuts. The budget does
provide $677,000 for two additional training classes in FY 2016.
• The Legislature ultimately provided full funding for MRSC.
• The agreed upon budget did sweep $154 million in loan repayments in the Public
Works Trust Fund in the 2017 -19 biennium, but the Governor vetoed this
provision. The budget provides $50,000 for the Office of Financial Management to
convene a work group to develop a local government infrastructure investment
strategy. The group must provide a report outlining the local government
investment strategy to the Governor and the Legislature by October 31, 2016,
along with draft legislation for the 2017 legislative session.
5
Additional Local Government Impacts
• The agreed upon budget does not include a merger of the LEOFF 1
and TRS 1 retirement systems. The budget does direct the Joint
Select committee on Pension Policy to study the implications of
combining these two systems and report to the Legislature by
January 9, 2017.
• The budget changed the existing approach to the Fire Insurance
Premium Tax Distributions. The proposal limits the amount a city
may receive to $2,000 per pre -LEOFF and LEOFF 1 retiree or the
amount received in 2016, whichever is less. Additionally, cities are
only eligible to receive a distribution if they are levying the 22.5
cents property tax for the Firefighters' Pension Fund and can
demonstrate the levy is not sufficient to meet the estimated
demands on the fund or maintain the actuarial soundness of the
fund. The Governor vetoed this provision of the budget.
2016 Capital Budget Results
• The supplemental capital budget makes new
appropriations of $95.4 million.
• The budget includes $7.9 million for Mental Health
Facilities, $11.4 million for local community projects
and $34.8 million for K -12 School Construction
Assistance grants.
• Significant decreases in the revenue in the revenue
from the Hazardous Substance Tax resulted in
decreased funding for projects receiving funding from
the Model Toxics Control Account (MTCA).
• The Capital Budget does include a legislative
commitment to restore MTCA funding in future
biennia.
2016 Supplemental Transportation
Budget
• The Legislature made minimal changes to the funding
provided in the 2015 Connecting Washington Package.
• WSDOT must update the freight mobility plan to comply
with the FAST Act. The freight plan update must involve
freight stakeholders, including local governments. WSDOT
must provide a prioritized list of projects for consideration
for funding in the 17 -19 biennium.
• The budget provides $500,000 of federal funding for the
Commission to advance the road user charge work to a
stage that would enable Washington to implement a pilot
project. The Commission must report to the Governor's
office and the Legislature by November 1, 2016.
2016 Legislative Progress on Policy
Items
• Public Records
• Body Cameras
• Public Facilities District Extension
• Homelessness and Housing
• School Siting
• Electronic Signatures
Next Steps
• Monitor interim studies on local government
infrastructure, LEOFF /TRF merger and MTCA stability.
• Monitor and participate in interim legislative
discussions on public records and the Growth
Management Act.
• Continue to monitor WSDOT work on transportation
projects and practical design efforts.
• Participate in discussions regarding the allocation of
federal funding to local governments under the FAST
Act.
Written by Association of Washington Cities Government Relations
Director Dave Williams
Published on Thursday, April 28, 2016
2016 session recap: Several disappointments
for cities, the Governor's vetoes help, and
trouble on the horizon for 2017
The state and local governments used to work together to solve problems. That's not always the
case these days as we witness the state unilaterally walking away from that partnership by budget
actions that make them an unreliable partner. Legislators again concluded an overtime 2016
session without addressing several AWC priorities and having passed supplemental budgets that
again drained some important city resources by means of cost shifts and fund transfers. This is a
troubling pattern that could well worsen next year when the state's bill comes due to adequately
fund K -12 education.
On the bright side, Governor Inslee took actions when signing supplemental budgets that
eliminated several major problems for cities, at least for now. He halted the planned diversion of
local government public works loan repayments that legislators had planned to use to fund
education instead of supporting infrastructure investments. He also vetoed a provision that would
have essentially ceased a decades -old agreement whereby the state helps fund a portion of local
firefighter pension obligations. Lastly, he made sure there were funds to support performance
audits and assistance from the State Auditor's office that helps many cities perform efficiently.
How'd our priorities fare?
Legislative sessions during the second year of a biennial state budget are mostly focused on fine -
tuning budgets to reflect current fiscal conditions. They aren't normally intended to produce
major policy initiatives, and this year again proved that to be the case. Following is a snapshot of
how AWC's 2016 priorities faired, noting both positive outcomes and areas of concern:
Infrastructure: Halt the diversion from critical infrastructure programs to help
cities grow and prosper
• Pro — In initial budget proposals, House budget leadership and the Governor did not
propose further reductions in key programs like the Public Works Trust Fund. While the
House and Senate ultimately agreed to further reductions in the final budget sent to the
Governor, the Governor vetoed the cuts to keep the fund alive in the out years. The
critical question: Is there bipartisan interest in figuring out "what's next ?"
• Con — Senate budget leadership proposed and stated that fees and loan repayments to the
Public Works Trust Fund should be diverted to other uses. The House ultimately agreed.
Even though the Governor vetoed these provisions, the threat remains.
Fiscal sustainability: Ensure sufficient and flexible revenue for essential city
services
• Pro — Neither the Governor or House budget leadership proposed reductions in revenues
shared with cities. Bipartisan legislation was proposed in both the House and Senate to
eliminate the recession -era cap placed on liquor profits shared with cities and counties
and had broad House support. A cap on the city utility tax was killed.
• Con — Neither House or Senate budget writers allowed the city- sponsored liquor budget
cap removal bill to move forward. Legislators are predominately focused on their own
challenge to fund education and continue to lack a basic understanding of city fiscal
challenges. Cities continued to fend off Senate proposals like capping local utility taxes
and defunding programs and services like MRSC. Additionally, local Business &
Occupation tax authority is under review by a task force during the interim.
Public records: Strengthen the Public Records Act in response to changing
technology and burdensome requests
• Pro — Legislative champions in the House actively promoted bipartisan legislation aimed
to address changing technology and burdensome requests. Constructive legislation was
passed with bipartisan support that promises some relief for those cities that have law
enforcement body camera technology.
• Con — House leadership ultimately stopped short of allowing a vote on the floor for a
modest proposal addressing public records abuses and failed to give the Senate the
opportunity to seriously consider the city proposal.
Human services, homelessness and affordable housing: Enhance the provision of
much needed human service programs to address issues that drive increased
homelessness and public safety costs
• Pro — Legislators focused greater attention on these issues, which resulted in small, but
important, additional investments in mental health and homelessness.
• Con — City priority bills aiming to help provide more affordable housing (low- income
and market rate) did not advance. The funded investments, though appreciated, are not
enough to have significant impact.
Emergency responsiveness: Help cities prepare for and address impacts of
natural disasters and other emergencies
• Pro — The final budget provides relief for expenses incurred fighting last summer's
devastating wildfires.
• Con — The House failed to move a city proposal that would have addressed regulating
fireworks during times of drought and threat of wildfires. The Senate was not interested
in taking up this issue without House action.
Building AWC's 2017 legislative agenda and how you can
participate
As candidates for statewide office and legislative seats work to win in November, AWC and
other groups are already at work developing our messages and agendas.
First out of the gate at AWC, we'll send a brief questionnaire early in the week of May 23 to all
legislative candidates who've filed to run. We'll ask them their views on how best to partner
with cities if they're elected. Whether they answer in writing or not, we'll share the questions
with you that can be used in one -on -one meetings. Answers received in writing will be posted on
our website by the start of our AWC Annual Conference in Everett on June 21.
Also by June 21, we'll distribute the latest edition of our Strong Cities Pocket Guide that
contains a number of useful tips and suggestions on how to engage candidates, other interests,
and your community on things that can help cities serve our communities. We'll also announce
this year's recipients of our Legislative Champion recipients recognizing those officials who did
the most to advance and protect city interests during the 2016 session.
In addition, our AWC Leadership will soon appoint a new two -year Legislative Committee to
collect ideas, discuss them, and forward suggestions for the AWC Board's consideration as
priorities at their late September meeting. We're also listening to input from our Large Cities,
Small Cities, and Strong Cities Committees, and ad hoc groups like those advising us on
infrastructure and fiscal sustainability.
Finally, we'll keep you posted in weekly and monthly AWC publications as our agenda and
ideas how you can help continue to emerge. We very much appreciated the frequent contacts city
officials throughout the state made during session when calls or contacts to legislators from
home really made a difference.
Thanks for helping cities not lose more ground in 2016. Now cities need your leadership to help
make sure the 2017 session is not just about avoiding more fraying of our local /state partnership,
but about helping to rebuild it and the trust needed to sustain it.