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Washington Friends of Farms & Forests
May 2, 2007
By: Heather Hansen and Dan Coyne
FINAL LEGISLATIVE REPORT FOR 2007
The Washington State Legislature adjourned “sine die” late Sunday April 22nd,
bringing to a close the 105 day session. House Speaker Frank Chopp and
Lieutenant Governor Brad Owen dropped their gavels in unison just after 9:40 pm.
Adjournment ended a legislative session ruled by large Democrat majorities in
both houses, a projected budget surplus of almost $2 billion and the largest
operating budget in Washington State’s history. The final bill in the Senate was
a fuel tax that was necessary to help fund the budget. The operating budget was
slightly more than the proposed budgets from the House, Senate and Governor with
a final price tag of $33 billion. The final week of session was filled with
plenty of deal making and last minute votes. Overall spending on transportation
was $7.5 billion. The transportation budget accomplishments include.
.$1 billion in additional bonds to cover funding shortfalls caused by
increased commodity prices (e.g. concrete)
· $88 million for widening I-5· $41.7 million for an I-5 interchange
project at Grand Mound
· $915 million for the first phase of the Alaskan Way Viaduct
reconstruction· Freezing ferry fare increases until 2009
· Funding a study to replace the State Route 520 floating bridge in
Seattle.
The consensus priority issues at the beginning of the session were the
same three at the end; healthcare, education and Puget Sound cleanup.
Healthcare was a priority lead to the approval of legislation allowing for
five paid weeks of family leave to care for a newborn child or a newly adopted
child. SB 5659 provides parents $250/week to stay at home and care for children.
The bill was a compromise between House Democrats and Senate Democrats. Funding
for the bill is not yet set in place and a study will determine where monies
will come from, making employers nervous about potential new payroll taxes.
Initial funding of $18 million for setting up the family leave system will come
from the workers’ compensation supplemental pension fund, as a loan. Additional
healthcare legislation includes:
· Insuring 39,000 additional children from low income families (with the
goal of including all children by 2010)
· A small-business “connector” that will allow employers and employees to
buy insurance plans at rates negotiated by a state board
· The Blue-Ribbon commission study that establishes a goal to ensure
healthcare coverage for every resident by 2012.
The creation of the Puget Sound Partnership left most environmentalists
pleased with the legislative results. The task force will oversee the
restoration of Puget Sound by 2020. This budget (at $226 million) and future
spending projections anticipate a total of $8 billion for cleanup projects from
2008 to 2020. Three additional accomplishments for the environment include:
· Phasing out of PBDE’s, flame retardant chemicals that some studies
suggest are harmful to people and aquatic life
· Encouraging the use of cleaner burning fuels by retrofitting the states
giant fleet of school buses with ultra-low-sulfur fuel engines and purchasing
hybrid cars for government use
· $100 million additional funding for the Washington Wildlife and
Recreation Program that provides access to parks, trails and shorelines.
The legislature held true to its promise that education was a priority
this session by implementing necessary legislation to help Washington students.
Highlights of education legislation include:
· A constitutional amendment to allow approval of local school levies by
a simple majority, 50 percent plus one, instead of 60 percent
· Delay of WASL reading and writing requirements until 2008, math
requirement to 2012 and science requirement to 2013
· A tuition cap of 7 percent a year for undergraduate students through
2017.
Dead bills: Earlier in the legislative session, we worked hard to
keep the following bills from advancing. Many of them are expected to be
reintroduced during the next legislative session.
HB 1570/SB 5695 Biomonitoring
HB1601/SB 5279 Children’s health
HB 1732 Biotech regulation
HB 1806 Pesticides in schools
HB 1920 Overtime for truckers
HB 1946 Pesticide use reporting
HB 2167 Food labeling
SB 5161 Labeling food from cloned animals
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DETAILED SUMMARY REPORT FOR 2007 LEGISLATIVE REPORT
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HIGH PRIORITY BILLS |
Position |
Status |
Sponsor |
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SHB 1128 |
Making operating appropriations for the 2005-07 and 2007-09 fiscal
biennia. |
Monitoring |
Del to Gov |
Sommers |
Highlights of the operating budget for agriculture.
Department of Health
$538,000 to conduct air monitoring for pesticides in agricultural areas.
Requires DOH to contract with the University of Washington to study
organophosphate pesticides and with WSU to study methylisothiocyanate
pesticides.
Department of Agriculture
$150,000 for a pilot pesticide notification project similar to the rule that
WSDA scrapped last year. The pilot project would evaluate the benefits of
voluntary notice to schools, hospitals, nursing homes and day care centers about
agricultural pesticide applications.
$500,000 for noxious weed control, including Japanese knotweed.
$550,000 to be passed along to the Washington Tree Fruit Research Commission for
a pest management transition program to reduce the use of organophosphates by
the tree fruit industry.
$500,000 for the Opportunities Industrialization Center in Yakima to train
agricultural workers in skills ranging from pesticide safety to English as a
second language. (See SB 5723 for the concept.)
$450,000 for the Future of Farming study to evaluate the strengths and
weaknesses of Washington’s agricultural industry and to develop a strategy to
keep farming profitable.
$25,000 to cover costs of hosting the National Association of State Departments
of Agriculture (NASDA) conference to be held in Seattle Sept. 21-26, 2007.
$950,000 to increase administrative capacity for the agency in human resources,
information technology, etc.
Department of Ecology
$260,000 to continue the pesticide container recycling program.
$200,000 for the “Safer Chemical Alternatives” program to help businesses reduce
the amount of toxic chemicals they use, identify less toxic products for state
purchases, and provide information so citizens can make informed choices related
to consumer products.
Washington State University
$6 million is provided for three components of the university's proposed
agriculture initiative. Some funding is provided for operating research and
extension centers. Partial funding is provided for two competitive grant funds,
including biological intensive and organic agriculture grants. Third, funding is
provided to so support new faculty and staff positions as well as research and
development in the areas of viticulture, enology, fruit breeding, wheat and
other grain product development, value-added business development and extension
specialists, livestock nutrition and management, enhanced worker safety,
continuing education, water quality, salmon habitat and identification of home
and commercial pests. The original request was for $10.8 million.
$4 million for bio-products technology for WSU Tri-Cities to work with the
Pacific Northwest National Labs to develop new products from processed
agricultural waste. $2 million is provided to employ 10 scientists jointly with
the Pacific Northwest National Laboratories at the new Bioproducts Science and
Research Laboratory in the Tri-Cities to conduct short- and long-term research
on biomass conversion. $2 million is provided for WSU and the Department of
Agriculture to jointly target to applied research on technology and cropping
systems for more efficiently growing oilseed and other energy crops, and
converting them to fuel.
Ruckelshaus Center (UW/WSU)
$225,000 to increase capacity for the Ruckelshaus Center to devise consensus
solutions to contentious public policy issues. A like amount was provided to the
UW. Of the $450,000 total, $50,000 is to be used to implement SB 5248,
preserving the viability of agricultural lands. The center must explore
practical and effective ways to resolve or reduce conflict associated with land
use requirements and property rights and work to achieve agreement among
participating stakeholders and to develop a coalition that can be used to
support agreed upon changes or new approaches to protecting critical areas
during the 2010 legislative session. An additional $345,000 is provide to OFM
for a total of $395,000 for the Ruckelshaus center to work on ag land use.
Office of Financial Management (OFM)
$150,000 is provided for a contract with the Ruckelshaus Center to continue the
agricultural pilot programs that identify projects to enhance farm income and
improve natural resource protection. An additional $350,000 is provided to fund
"proof-of-concept" model and projects recommended by the oversight committee.
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E2SSB 5659 |
Establishing
family and medical leave insurance. |
Oppose |
Del to Gov |
Keiser |
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Establishing family and medical leave insurance. |
Task Force: A joint legislative task force on family leave insurance is created
and required to study: financing for benefits and administrative costs; program
implementation and administration; government efficiencies which improve program
administration and reduce program costs; and impacts, if any, on the
unemployment compensation system and options for mitigating such impacts. The
task force must report its findings and recommendations, including
recommendations as to the specific manner in which benefits and administrative
costs should be financed, as well as proposed legislation, to the Legislature by
January 1, 2008.
Family Leave Insurance: A new partial wage replacement program is established.
Beginning on October 1, 2009, benefits of $250 per week for up to five weeks are
paid to individuals who are unable to perform their regular or customary work
because they are on family leave. "Family leave" means leave for the birth of a
child or the placement of a child for adoption.
Eligibility: An individual is eligible to receive benefits if he or she has
worked 680 hours in employment covered by unemployment compensation during
either the first four of the last five calendar quarters or the last four
calendar quarters completed before beginning family leave. An employer or a
self-employed person not mandatorily covered may elect coverage.
Other Leave and/or Compensation: Leave must be taken concurrently with leave
taken under other laws. Employers may require that leave be taken concurrently
or otherwise coordinated with leave under collective bargaining agreements or
employer policies.
Reinstatement: An individual is entitled to be restored to a position of
employment in the same manner as an employee entitled to leave under the state
Family Leave Law is restored to a position of employment. However, the
individual must have worked for an employer with more than 25 employees for at
least 12 months, and for at least 1,250 hours over the previous 12 months.
Discrimination: An employer or other person may not discriminate against a
person for filing a claim for benefits, communicating an intent to file a claim,
or testifying or assisting in a proceeding related to a family leave insurance
claim.
Appropriation: For the 2007-09 Biennium, $18 million is appropriated from the
Family Leave Insurance Account to L&I for initial administrative expenses. The
$18 million in start up money is borrowed from the Supplemental Pension Fund.
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ESSB 5788 |
Requiring the licensing of home inspectors. |
Monitoring |
Del to Gov |
Spanel |
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Requiring the licensing of home inspectors. |
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The Department must conduct a study of the home inspector profession and make
recommendations to the Legislature as to whether home inspectors should be
regulated for the purpose of protecting the public interest under the criteria
specified in the sunrise law. The Department must consider the factors, to the
extent appropriate, set forth in the sunrise law.
As part of the study,
the Department must hold public hearings. Notice of the hearings must be
published in the Washington State Register. In addition, the Department must
request names of interested individuals and organizations from legislators and
other identified interested parties and send these persons copies of the notice
published in the register.
The Department must submit a report detailing
its findings and recommendations to the appropriate legislative committees by
December 1, 2007. |
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MEDIUM PRIORITY BILLS |
Position |
Status |
Sponsor |
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SHB 1267 |
Modifying commercial driver's license requirements. |
Monitoring |
Del to Gov |
Wallace |
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Modifying commercial driver's license requirements. |
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The fee charged by DOL for a DOL administered CDL skills examination is
increased to $100. A person seeking a CDL must have successfully completed a
course of instruction in the operation of a commercial motor vehicle that has
been approved by the Director of DOL or be certified by an employer as having
the skills and training necessary to safely operate a commercial motor vehicle.
The DOL may waive the requirement for instruction in the operation of a
commercial motor vehicle for an applicant that has been issued a valid
commercial driver's license in another state and is transferring to Washington. |
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SHB 1304 |
Modifying commercial motor vehicle carrier provisions. |
Monitoring |
Del to Gov |
Kagi |
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Modifying commercial motor vehicle carrier provisions. |
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The WSP will use data-driven analysis to identify and prioritize for
inspection and compliance reviews those motor carriers who have been identified
as higher risk carriers. Just as interstate motor carriers are required by the
FMCSA to obtain a USDOT number, by January 1, 2008, intrastate motor carriers
operating certain commercial vehicles with a gross vehicle weight over 26,001
pounds or carrying hazardous materials are required to apply for USDOT numbers.
The WSP must compile safety data about motor carriers and assess each motor
carrier's relative safety fitness based upon inspections, collisions, compliance
reviews, and carrier safety management practices.
The WSP, in consultation with the Department of Licensing (DOL), must establish
rigorous rules and standards in the areas of commercial motor carrier driver
training, controlled substance and alcohol use and testing, compliance with the
federal driver's license requirements and penalties, vehicle equipment and
safety standards, hazardous material practices, financial responsibility, driver
qualifications, hours of service, vehicle inspection and corrective actions, and
assessed penalties for noncompliance.
By June 30, 2009, a motor carrier will need a USDOT number and a federal
taxpayer identification number to register certain commercial motor vehicles.
Commercial motor vehicles must be marked as prescribed by the WSP. The WSP will
not issue a USDOT number to a carrier who has an existing out-of-service order
from the FMCSA or for not meeting the requirements and standards of state law.
Motor carriers with a current and valid USDOT umber, or who are subject to
economic regulations through the Utilities and Transportation Commission (UTC),
are exempt from this requirement.
The WSP is authorized to issue an out-of-service order on a motor carrier's
USDOT number if the motor carrier:
1) formerly held a USDOT number which is placed out of service for cause and the
violations have not been corrected;
2) is a subterfuge for the real party seeking a USDOT number which is placed out
of service for violations, and the violations have not been corrected;
3) is an eminent hazard to public safety as determined by the chief of the WSP;
4) has unpaid penalties assessed by the WSP or the UTC (If a compliance review
penalty is not paid within 20 days after receipt, the WSP may commence with an
adjudicative proceeding.); or
5) violates cease and desist orders issued by the UTC.
The WSP is responsible for safety audits and compliance reviews which may result
in enforcement actions, including monetary penalties. The WSP is authorized to
conduct inspections during regular business hours, to review records, and
penalize carriers for failing to cooperate or appear for the audit. Motor
carriers who refuse entry for compliance review auditors will be subject to a
penalty of $5,000; revocation of vehicle registrations; and an out-of-service
order being placed on the motor carrier's USDOT number. If a carrier has been
identified as a high-risk carrier and receives an unsatisfactory rating during a
compliance review, the WSP will perform a follow-up inspection of the carrier to
determine whether the violations have been corrected. The fee for the
reinspection is $250 and will be deposited into the State Patrol Highway
Account.
Once an out-of-service order has been placed on a vehicle, it is unlawful to
operate the vehicle. A carrier who operates a vehicle after receiving an
unsatisfactory safety rating and violates an out-of-service order on the USDOT
number is subject to a monetary penalty of not more than $11,000. Violation of
an out-of-service order subjects a driver to at least a $1,100 penalty, but not
more than $2,750 penalty. An employer who allows a driver to operate the vehicle
in violation of an out-of-service order is subject to a penalty of at least
$2,750, but not more than $11,000.
If a motor carrier operates a commercial vehicle using trip permits while the
vehicle registration is revoked and the USDOT number is placed out of service,
the violation is a gross misdemeanor, subject to a penalty of no less than
$2,500 for the first violation and $5,000 for subsequent violations.
The bill increases the following fees: the registration fee for commercial motor
vehicles
base-plated in Washington that are subject to compliance reviews is increased
from $10 to
$16; the trip permit fee is increased from $15 to $20; and the fuel permit
administration fee is increased from $10 to $15. The increase in permit fees
must be deposited in the Washington
State Patrol Highway Account and must be used for commercial motor vehicle
inspections.
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EHB 1648 |
Increasing protections for agricultural operations, activities, and
practices. |
Support |
Del to Gov |
B. Sullivan |
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ncreasing protections for agricultural operations, activities, and practices. |
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Activities with limited protection from nuisance lawsuits under the
Washington Right to Farm Act (Act) include agricultural and forest "operations,"
a term defined to include production of farm or forest products. The definition
of "agricultural activity" in the Act is revised to include keeping of bees for
pollination of agricultural products and gardens. |
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HB 1888 |
Regarding Brassica seed production. |
Monitoring |
C 181 L 07 |
Linville |
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Regarding Brassica seed production. |
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Any grower or processor of a Brassica seed crop may petition the Department
of Agriculture Director (Director) to request establishment of a Brassica seed
production district. In response to the petition, the Director may adopt rules
to establish a district. The petition must include:
_ proposed geographic boundaries for the district;
_ proposed types of regulations for designated species within the district; and
_ signatures of ten or more growers or processors of affected Brassica seed
crops grown within the district, or, if fewer than ten exist, a list of their
names and contact information, and signatures of 50 percent of them.
Once a Brassica seed production district is established, a person wishing to
conduct an otherwise prohibited activity within the district must enter into an
agreement with the Director. The agreement will be developed by the applicant
and the Director in consultation with an advisory committee. The advisory
committee must include three or more Director appointees with no financial
interest in the request or outcome, and at least one of them must be a grower or
processor of Brassica seed crops grown within the district. The Director must be
satisfied that the agreement terms and conditions are sufficient to mitigate
reasonably possible risks from the proposed activity. Appeals to the Director's
decision from the applicant, district growers, or processors are authorized for
filing in superior court.
The Director, a grower, or processor of in-district crops may bring legal action
to enjoin violations or threatened violations of this chapter. The Director may
adopt rules including, but not limited to, production districts and agreements;
a centralized notification process for growers intending to plant a crop within
a district; isolation distances; exclusion of crops; and control of volunteer
and weed plants within a district. Existing statutory provisions for regulatory
authority on the production of rapeseed by variety and location are repealed.
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EHB 1902 |
Concerning the sales and use taxation of repairs to farm machinery and
equipment. |
Support |
Del to Gov |
Grant |
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Concerning the sales and use taxation of repairs to farm machinery and
equipment. |
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Concerning the sales and use taxation of repairs to farm machinery and
equipment and farm vehicles. Replacement parts and the labor and services
rendered in respect to the installation of replacement parts for qualifying farm
machinery and equipment and farm vehicles are exempted from retail sales and use
tax. (Note that HB 1901 and HB 1902 were merged together into SHB 1902.) |
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SSB 5248 |
Preserving the viability of agricultural lands. |
Support |
Del to Gov |
Hatfield |
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Preserving the viability of agricultural lands. |
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Summary: Counties and cities may not amend or adopt critical areas ordinances
(CAOs) as they specifically apply to agricultural activities until July 1, 2010.
This does not limit obligations of a county or city to comply with requirements
pertaining to critical areas not associated with agricultural activities nor
limit the ability of a county or city to adopt or employ voluntary measures or
programs to protect or enhance critical areas associated with agricultural
activities.
Counties and cities subject to deferral requirements should implement voluntary
programs to enhance public resources and the viability of agriculture, and must
include measures to evaluate their success. By December 1, 2011, counties and
cities subject to deferral are to review and revise CAOs to comply with the
requirements of this chapter.
Subject to the availability of funds, the Ruckelshaus Center is directed to
commence, by July 1, 2007, a two-phase examination of the conflicts between
agricultural activities and CAOs. The first phase is to conduct fact-finding and
stakeholder discussions, and the second phase is to facilitate discussions to
identify policy and financial options or opportunities to address issues and
desired outcomes. The stakeholders must examine innovative solutions that
include outcome-based approaches that incorporate, to the maximum extent
practicable, voluntary programs or approaches. Additionally, stakeholders must
examine ways to modify statutory provisions to ensure that regulatory
constraints on agricultural activities are used as a last resort if the desired
outcomes are not achieved through voluntary programs or approaches.
The Center is to issue two reports of its fact-finding efforts and stakeholder
discussions to the Governor and the appropriate legislative committees by
December 1, 2007, and December 1, 2008. A report on the second phase including
findings and legislative recommendations is to be issued to the Governor and to
the Legislature by September, 1, 2009.
The Center is to work to achieve agreement among participating stakeholders and
to develop a coalition that can be used to support agreed upon changes or new
approaches to protecting critical areas during the 2010 Legislative Session. The
study provisions are null and void if funding is not provided in the budget. An
emergency is declared and the bill takes effect immediately. The act expires on
December 1, 2011.
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ESSB 5312 |
Addressing the issue of stolen metal property. |
Support |
Del to Gov |
Tom |
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Addressing the issue of stolen metal property. |
The term "recycler" is defined. Recyclers doing business in this state must
produce an accurate and legible record of information pertaining to the parties
and items involved in the transaction. The records must be open to inspection by
law enforcement at all times during regular business hours and these records
must be maintained for up to one year after the date of transaction.
Recyclers must require the party with whom a transaction is made to sign a
declaration if the property involved is worth more than $100. Transactions
involving metal property worth more than $30 must be paid by nontransferable
check no sooner than ten days after the transaction. Transactions involving
metal property worth less than $30 may be made in cash.
Once law enforcement notifies a recycler that they reasonably believe an item of
metal property has been stolen, the recycler is required to hold that property
for no more than ten business days from the date of notification.
It is a gross misdemeanor for any person to: (1) remove or alter a make, model,
or serial number, personal identification number, or identifying marks engraved
or etched upon metal property purchased or received in pledge; (2) accept for
purchase any metal property where someone has removed or altered a make, model,
or serial number, personal identification number, or identifying marks have been
engraved or etched; (3) knowingly make or allow for a false entry to be made in
any record required to be kept under this chapter; (4) receive metal property
from someone under the age of 18 or under the influence of intoxicating liquor
or drugs; (5) receive metal property from someone who is known to the recycler
to have been convicted of burglary, robbery, theft, or possession of receiving
stolen property, manufacturing, delivering, or possessing with intent to deliver
methamphetamine, or possession of ephedrine or any of its salts or isomers or
salts of isomers, pseudoephedrine or any of its salts or isomers or salts of
isomers, or anhydrous ammonia with intent to manufacture methamphetamine within
the past ten years whether the person is acting in his or her own behalf or as
the agent of another; (6) sign the declaration required knowing that the metal
property is stolen; (7) possess metal property not lawfully purchased or
received; or (7) engage in a series of transaction valued at less than $30 with
the same seller to avoid record keeping requirements.
Civil penalties are imposed for violations not subject to the criminal
penalties. The first violation carries a penalty of not more than $1,000. Each
subsequent violation, within a two year period, carries a fine of not more than
$2,000.
The provisions of this chapter do not apply to: motor vehicle dealers; vehicle
wreckers or hulk haulers; automotive repair businesses; and those in the
business of buying or selling empty food and beverage containers; including
metal food and beverage containers, or nonmetal junk |
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LOW PRIORITY BILLS |
Position |
Status |
Sponsor |
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SSB 5108 |
Creating the office of farmland preservation. |
Monitoring |
Del to Gov |
Haugen |
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Creating the office of farmland preservation. |
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Creates the Office of Farmland Preservation in the State Conservation
Commission and establishes a Farmland Preservation Task Force.
_ Specifies that moneys in the Agricultural Conservation Easement Account may be
used to purchase easements in perpetuity or to purchase or lease easements for a
fixed term.
_ Effective immediately, prohibits the use of eminent domain to acquire
agricultural land for wetland mitigation.*
*This amendment, added at the last moment effectively kills the Columbia River
dredging project. Because dredging is so important to shipping wheat and
numerous other commodities, a large coalition has asked the Governor to veto
this line of the bill.
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SSB 5461 |
Improving forest health on state trust lands by continuing the use of
contract harvesting for silvicultural treatments. |
Support |
C 109 L 07 |
Morton |
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Improving forest health on state trust lands by continuing the use of
contract harvesting for silvicultural treatments. |
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The bill makes permanent DNR's authority to conduct contract harvest timber
sales, or other silvicultural treatments, in areas of trust forestland where DNR
has identified forest health deficiencies. DNR must prioritize forest health
treatments, if no management or landscape plan exists, in order to protect
public health and safety, public resources, and the long-term asset value of the
trust. |
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ESB 5675 |
Increasing minimum industrial insurance benefits. |
Monitoring |
Del to Gov |
Franklin |
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Increasing minimum industrial insurance benefits. |
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The statutorily-set minimum monthly benefit amounts are deleted. For dates of
injury or disease manifestation after July 1, 2008, the minimum monthly benefit
is set at 15 percent of the state average monthly wage plus an additional $10
per month if a worker is married and an additional $10 per month for each child
of the worker up to a maximum of five children.
If the monthly benefit using this formula is greater than 100 percent of the
worker's monthly wages received at the time of injury as calculated under
statute, then the monthly payment due to the worker is the greater of:
_ the worker's monthly wages; or
_ the minimum benefit as of June 30, 2008. |
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SSB 5688 |
Modifying who may receive industrial insurance claimants' notices, orders,
or warrants. |
Monitoring |
C78 L 07 |
Kohl-Welles |
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Industrial insurance claimants' written notices, orders, or warrants may be
forwarded to the claimant in care of a representative before an order has been
entered on the claim if the claimant designates this representative in writing. |
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