WSAC Legislative Bulletin - February 1, 2010

First Committee Cutoff Looming This Week
The policy committees face their first cutoff this week. The House policy committee cutoff is February 2nd and the Senate policy committee cutoff is February 5th. The House appropriations committee cutoff is also on February 5th and then both the House and Senate fiscal committee cutoffs on on February 9th.

If a bill does not come out of a policy committee and is not necessary to implement the budget, the bill is likely dead for the session.

WSAC's Legislative Steering Committee

The Legislative Steering Committee met on January 28th in Olympia. The Committee had a packed agenda, meetings on the hill with members, and testified before several committees.
The Committee agreed to support the following:

Legislation to provide funding to meet storm water obligations. The legislation would increase the hazardous waste substance tax and the increased funding would help provide staff support for counties and grant money for storm water projects.
Support the staff recommendation on the various water bills (see the 1/28/2010 LSC Packet).
Agreed to lobby for the restoration of watershed planning/impmentation funding.
Support a one-year extension of the Ruckelshouse process for AG lands.

For the Latest WSAC & Legislative Session Information Visit: WSAC's Legisaltive & Policy Center

County Fiscal Health

Fiscal Flexibility
The House and the Senate are continuing to work on a fiscal flexibility package for counties and cities. At this point, they are discussing what bills to move and what should be in each of them.

We appreciate the House, the Senate and the Governor's Office for their ongoing interest in assisting counties this year. We are still working very hard to get the utility tax for the entire unincorporated area in one of the bills.

Wondering what you can do to help move the fiscal package forward?

Please call or email the members of the House Finance Committee and Senate Ways and Means Committee and ask them to support the county/city fiscal flexibility package: SB 6164, HB 2650, HB 2749 and SB 6424/HB 2773.

The Senate Ways and Means Committee will hold a public hearing on Tuesday, February 2nd at 3:30 pm on SB 6424 and SB 6164. These are two of the three fiscal flexibility bills in the Senate. We believe they will be holding a hearing on a proposed substitute bill that contains the following:

Repeal the non-supplant clauses for these two local sales tax options
- 0.1% criminal justice sales tax for cities and counties;
- 0.3% public safety sales tax for cities and counties;
Allow the county council/commission the authority to impose the 0.3% public safety sales tax through 2014. Voter approval required post 2014 to retain or renew the tax.
Allow the city council the authority to impose .1% of the .3% public safety sales tax after 2010 if the county does not act. The city would retain the current 85-15 sales tax split. Voter approval required post 2014.
Allow the second quarter REET to be used for the same purposes as the first quarter through 2014.
Allow both quarters of the REET to be used for park maintenance and operation expenditures and maintenance of capital facilities through 2014.
Expand the gambling tax to include public safety. It is currently authorized for law enforcement only.

The Senate Human Services and Correction committee will be holding a hearing on February 2nd at 1:30 pm on SB 6680. This bill does the following:

Removes the voter approval requirement for the 1/10 sales tax for juvenile justice and broadens the eligible uses of the funds until July 1, 2015.
Removes the voter approval requirement and non-supplant clauses for the 3/10 public safety sales tax until July 1, 2015.

Energy & Utilities

Small Wind Systems (HB 2516)
This bill passed out of the House Committee on Technology and Energy and Communications despite opposition from counties and cities. The bill was amended to allow the Energy Facility Site Evaluation Council (EFSEC) to receive site certification applications for small alternative energy resources (less than 300KW) facilities in counties and municipalities that have not adopted permitting codes for these facilities in the last ten years. Provides that a site certification issued by the EFSEC for a small alternative energy resource facility preempts any local regulation adopted after the issuance of the site certification. Specifies that an interlocal agreement entered into by the EFSEC and any local government for the purposes of permitting small alternative energy resource facilities supersedes the authority of the EFSEC to site these facilities as provided in this act on a case-by-case basis.

While these amendments are in improvement to the bill because it acknowledges the prior ordinances adopted at the local level, we are still opposed to the bill because it allows EFSEC to preempt local regulations and processes.

Energy Facility Site Evaluation Council (SHB 2527)

The bill moves EFESC out of the Department of Commerce to the Utilities and Transportation Commission. It also makes several administrative changes for the agency. The amended bill removes the expanded authority for the Council for the Environment that counties were concerned about.

Energy Conservation Loans (SB 6656)

Local governments may provide energy conservation services by creating an independent energy conservation services utility or through an existing municipal utility. Energy conservation services means measures to reduce on-site energy consumption such as energy audits, weatherization services, and financing the acquisition and installation of distributed electricity generation systems.

No public vote is required for creating an energy conservation services utility; however, before offering energy conservation services, the legislative authority of a municipality must make the following determinations following a public hearing: (1) the services are additional or complementary; (2) the services target underserved populations; or (3) the services add incremental value to preexisting conservation programs offered by electric or natural gas utilities. Municipalities providing energy conservation services must coordinate with existing conservation programs and services offered by the electric or natural gas utility serving that municipality.

The legislative authority of a municipality offering energy conservation services is authorized to set uniform rates or charges and may issue general obligation, revenue bonds, or notes to finance the services. A municipality may also form a LID to provide energy conservation services.

While the policy intent of the bill has merit, the bill does have several technical problems and staff will be working resolve the technical problems.

Human Services, Health & Housing

Human Service Budget Hearing
WSAC was invited to participate in a work session before the House Health and Human Services Appropriations Committee regarding impacts from the Governor's proposed supplemental budget on mental health and substance abuse programs.