WSAC Legislative Bulletin - January 23, 2012

A light snow started on Monday with a record snowfall that began late Tuesday night which made for an interesting week in Olympia. At least a foot of snow was on the ground Wednesday morning. Then it got interesting, early Thursday morning the freezing rain started and then trees started breaking which caused major power outages. The rain started on Friday morning and it got sloppy pretty quickly. Most of Olympia was without power and eventually the WSAC office and capital campus went dark. We called it a week and went home.

Legislative Steering Committee

The LSC met Thursday morning via conference call. Several LSC members braved the weather and actually showed up at the WSAC office. Thanks to everyone that braved the weather to participate.

They discussed Senator Hargrove's bill that amends the hydraulics project approval; GMA appeals standing and SEPA reforms. The LSC has taken WSAC's recommendation and is asking for staff to move forward on HPA negotiations. SEPA was discussed and the LSC advised staff to continue working on a bill that is moving quickly through the legislature.

They discussed and decided to oppose the voluntary taping bill. The bills in question are HB 2406/SB 6109.

They discussed and decided to support a bill that would prospectively fix a case the Supreme Court decided against King County. The Court decided the county's contract public defenders were essentially county employees and eligible for PERS benefits. The bill would clarify that contractors in fact are contractors and not eligible for PERS benefits.

Finally the LSC discussed the Governor's proposed transportation package. They expressed concerns about the proportional split between the state and local government. Whether the barrel fee was a fee or tax and the implications to the five refineries in the state. They asked staff to provide a briefing paper to the committee once the bill became available.

The LSC will meet again in Olympia on February 2nd.

Tax, Finance and Local Government Fiscal Health

One of two joint local government fiscal relief bills has been introduced and scheduled for a hearing on January 24th at 10:00 am in the House Local Government Committee. The first bill focuses on variety of cost reductions. The Senate and House bill are slightly different. Both bills include:

A reduction in the frequency of audits from the State Auditor if there isn't a history of significant findings.
Improving the binding interest arbitration statute by requiring reasonable comparable jurisdictions, economic conditions, and recognition of adopted budget priorities.
Legislative direction to slow down on the implementation of the Phase 2 storm water permits.
Allowing cities and counties to publish fifty-word summary of public hearing notice and a fifty word summary of ordinance enacted. You would also have to include a link to the county website.
The House bill HB 2641 also repeals the requirement to repay the low-income housing impact fee from the current expense fund if a county waives the fee.
The Senate Bill SB 6372 doesn't include the low impact housing fee.

The final details are still be worked out on the second bill that would include the following:

A county utility tax. The tax would provide a credit for the city utilities provided in the county. It also exempts natural gas and excludes services provided by a water and sewer district.
Repealing the voter approval requirement for the 1/10 juvenile justice sales tax.
Allowing up to 15% of a building permit fee to cover administrative costs and long range planning.
Allowing the cities to recover the credit cards fees. Both the state and counties can recover those fees.
Repealing the 101% property tax limit and instead use inflation as a growth factor.

House Ways and Means Committee holds a work session of local government fiscal health

Last Wednesday night, the House Ways and Means Committee held a work session on local governments. They heard presentations from WSAC, AWC, and MRSC about counties, cities and special purpose districts. They also heard from committee staff about the revenue sources and expenditures from counties, cities and special purpose districts.

WSAC provided them with an overview of counties, their responsibilities, budget reduction activities over the last few years, and the diversity of counties. We also provided a variety of examples of ways they could help counties save money now and in the future. The examples engendered a length questions and answer discussion with the committee. They appreciated our willingness to provide them with examples.

The presentation can be found here.

HB 2357

House Ways and Means 1/23/2012

3:30 PM HHR A

Representatives Darneille, Kirby, Ladenburg, Green, and Jinkins

Modifies provisions relating to the 1/10 sales and use tax for chemical dependency, mental health treatment, and therapeutic courts. The supplanting schedule would take affect upon adoption instead of calendar year.

HB 2567

House Local Government

1/24/12 10:00 am HHR E

Representative Fitzgibbon

Authorizes the imposition of an optional system of rates and charges for conservation districts. It isn't clear what revenue authorities the conservation districts are seeking.

SB 6166

Senate Ways and Means

1/25/12 SHR 4

3:30 PM

Senators Tom, Keiser, Kohl-Welles, Kline, Hobbs, and Nelson

Increases the tax on cigarettes. Requires 1.7 million dollars from cigarette tax revenue to be deposited each fiscal year into the tobacco prevention and control account to be used for tobacco use prevention and treatment programs.

Public Health

The snow and ice certainly had a quieting effect on legislative activities last week. Last Monday, WSALPHO Chair, Peter Browning, testified in support before the House Health Care and Wellness Committee concerning HB 2341, which pertains to non-profit hospitals and their community benefit duties. There remains a bit of work to do on this proposed legislation, but it seems to be moving and WSALPHO will be following it closely. Also, last week, Art Starry (Thurston County Public Health) along with Brad Banks and DOH representatives testified in support of SB 6116, concerning on-site sewage management programs. This is a good little bill and provides an additional tool in the local government "tool box" to help streamline funding for implementation of these OSS systems, work already required in law. Thank you to Senator Fraser for her work and support on getting this bill back in front of legislators. WSAC and WSALPHO support this proposed legislation.

This week, WSALPHO will appear in a committee where it is rarely seen: House Transportation. On January 25th, that committee will hear HB 2370, which would include health as one of the policy goals of the state's transportation system.

Additionally, the House Local Government Committee will hear HB 2641, which is a conflation of policy changes that may bring some fiscal relief to local government. One of the topics included in the bill (section 9) is an interim work group that will study "preferred funding and service delivery methods" regarding public health. This is a top WSALPHO priority.

While this week will be relatively quiet on public health related issues, there are two organizations holding their respective "Legislative Days" here in Olympia. Monday, members of the Washington State Medical Association (WSMA) will be meeting with legislators and brining attention to medical and health care issues. Several county health officers will be present for this. These doctors do a great job of keeping the medical/health care side of public health represented. Thanks to those participating.

On Wednesday, the Washington State Public Health Association membership (WSPHA) will converge on Olympia. WSALPHO is a strong partner of WSPHA and we very much appreciate their continuing work to elevate the discussion on public health priorities.

Health and Human Services

Ensuring that persons with developmental disabilities be given the opportunity to transition to a community access program after enrollment in an employment program (SB 6384)

This bill, sponsored by Senator Parlette, would place into statute the requirement that individuals with developmental disabilities would be offered the choice to transition to community access programs after first being enrolled in an employment program for nine months. Counties support this policy and the bill language is consistent with the Senate position on the developmental disabilities that passed in the budget last year. This bill has not yet been scheduled for a hearing.

Concerning the use of evidence-based practices for the delivery of services to children and juveniles (HB 2536)

This bill would require DSHS to use evidence based practice within programs for juvenile offenders or the prevention, treatment, and care of recipients of children's mental health services or child welfare service. The bill would require DSHS, in collaboration with the state institute for public policy and the University of Washington evidence-based practice institute, to redirect existing funding resources as necessary to coordinate the purchase of evidence-based services and the development of a workforce trained to implement evidence-based practices. We are supportive of the goals of the bill, but are continuing to look at impacts to existing programs if funds are redirected in this time of diminishing resources. This bill will be heard on January 24 at 1:30 pm in the House Committee on Early Learning and Human Services.

Concerning low-income and homeless housing assistance surcharges (SB 5259)

This bill was heard in the Senate Financial Institution, Housing and Insurance Committee during special session. This bill mirrors language in the HB 2048 from last year as it passed out of the House. The bill would increase the document recording fee by $10 through 2015 and extend the existing recording fee increases until 2017. The bill also includes some additional reporting requirements that were negotiated with stakeholders. WSAC testified in support of moving out sunset and the proposed increase in fees but opposed to provisions related to Washington State Quality Award Program (WSQA). This bill passed out of the executive session on January 17, with an amendment that removes the WSQA and the bill was referred to the Senate Ways and Means committee.

Regarding the disclosure of health care information (HB 2316)

This bill maintains standards of privacy for patient information and records related to mental health services and information related to sexually transmitted disease and would consolidate those provisions in the Uniform Health Care Information Act. The bill language changes and adds situations in which the disclosure of mental health and sexually transmitted disease information is permitted without an authorization such as to provide health care to the patient, for research, and to coroners and medical examiners. The bill was heard in the House Committee on Health Care and Wellness on January 16. We did not testify on the bill, however, hospitals expressed concern and will work with sponsors on language. We will continue to monitor and work with sponsors to ensure that any amendments are consistent with Regional Support Network practice.

Natural Resources, Land Use and Environment

Land Use

The Senate Environment Committee heard legislation that would streamline SEPA processes. This is Senator Rolfes' SB 6130, a companion to Representative Fitzgibbon's HB 2253. Similar to last week's hearing in the House, the Senate hearing drew a variety of perspectives. Most of the major stakeholders indicated a desire to move the bill forward while provisions are negotiated. WSAC staff are working with sponsors of these bills and other interested parties to determine what provisions will advance.

The Senate Government Operations, Tribal Relations, & Elections Committee held a hearing on SB 6154 which raises the cost of filing a GMA appeal, and eliminates the participation standing standard for challenging local government GMA actions. This would reduce the frequency of GMA appeals for counties, a position supported by the WSAC Legislative Steering Committee. Spokane County Commissioner Todd Meilke testified in support of the bill, and Futurewise testified in opposition. It is unclear whether this bill will move forward.

The Senate also heard SB 5995, which would require certain eastern-Washington counties to more frequently consider requests to expand their Urban Growth Areas to provide additional industrial land. The bill is being requested by the City of Kennewick. WSAC staff testified with concerns.

The House Local Government Committee held a hearing on HB 2282, which eliminates the Growth Management Hearings Board. WSAC members are divided on this issue and WSAC has not taken a position. The only parties testifying were Futurewise (in opposition) and the Farm Bureau (in support).

Next week, many of the committees that deal with land use issues will be beginning to focus on moving bills out of committee. WSAC staff will be reviewing proposed substitute bills and amendments.

The House Environment Committee will be hearing HB 2245, which would require local governments to add a question to the SEPA checklist inquiring whether the project will negatively affect the preservation and conservation of agricultural resource lands. County planners have raised concerns with this legislation and WSAC is likely to weigh in. The hearing is on Monday at 6:00 pm.

Natural Resources & Environment

The House Agriculture and Natural Resources Committee both heard and advanced the WSAC/DNR request legislation (HB 2329) that allows Pacific, Wahkiakum, Skamania, and Klickitat Counties to pool newly acquired trust lands. Wahkiakum County Commissioner Dan Cothren testified in support of the bill. The Senate version of the bill (SB 6195) is scheduled for a hearing on Wednesday the 25th at 8:00 AM.

WSAC also testified in favor of SB 6312 which deals with exempt well use and is intended to promote job creating by ensuring access to human domestic water for home construction. WSAC President, Commissioner Paul Pearce, testified in support of the measure before the Senate Agriculture, Water & Rural Economic Development Committee.

Next week, the House will be considering legislation that deals with exempt wells. The bill is HB 2311 and will be heard in the House Agriculture and Natural Resources Committee at 1:30 pm on Wednesday the 25th. The bill is proposed by Kittitas County, and would provide counties with local control over the amount of water that could be used by individual exempt wells. This legislation has been endorsed by the WSAC Exempt Well Task Force, and WSAC President, Commissioner Paul Pearce, plans to testify in support of the bill along with Kittitas County Commissioner Paul Jewell.

Next week the Senate Environment Committee will hear SB 6207, a bill that delays issuance of the new storm water permit by two years. This hearing is on Tuesday, the 24th at 10:00 am.

On Thursday the 26th, the House General Government Appropriations Committee will hear four different measures that deal with the administration of the state's Discovery Pass. The bills are: HB 2153, 2217, 2295, and 2528. The hearing is at 2:00 pm.

Transportation & Public Works

Summary of Governor's Transportation Revenue Budget

The intent section specifies that the barrel fee constitutes a dedicated source of funds for operating and maintaining the state's highway and ferry system. The barrel fee constitutes revenue intended to be used for highway purposes under the 18th amendment and is specifically placed in the motor vehicle fund for highway purposes.

The combined license fee for large trucks is increased 15% and is dedicated to pavement preservation.

The passenger vehicle weight fee is increased $15 and is distributed to the State Patrol Highway Acccount, the Transit Service Mitigation Account, the County Arterial Preservation Account, the Transportation Improvement Account and the Small City Pavement Account. The remaining portion of the increase must be deposited in the multimodal fund and may be used for passenger rail service.

A barrel fee of $1.50 is imposed on every person who refines petroleum products used for transportation purposes in this state.

The fee may only be used for maintaining and operating the state transportation system, including $25 million annually for stormwater retrofit projects.

The fee may not be used for the general support of state government, constitutes revenue intended to be used for highway purposes under the 18th amendment to the Washington Constitution.

It is imposed to mitigate the impact of the transportation of oil on state roads and highways and the use of petroleum product for transportation purposes on public roads or Puget Sound.

Used for transportation purposes means a source to propel motor vehicles on public roads, to propel watercraft on waters of the state, to propel aircraft, a source for the delivery of petroleum product and an ingredient or component of substances used to operate, build, repair, improve or maintain public roads.

Creates a state transportation operations and maintenance account. Expenditures from the account may only be spent for 18th amendment purposes and may only be used for the operations and maintenance of state roads and highways and state ferries.

The transit mitigation account is created. WSDOT must establish a transit service mitigation grant program to provide grants to public transit agencies to preserve transit service. The grants must be based on factors that ensure mobility and connectivity, including the number of passengers served, miles driven and hours operated.

Transportation Benefit Districts are authorized to impose up to a $40 vehicle license fee upon a 2/3 majority vote of the governing board of the district.

Counties are authorized to impose an up to a 1% local option MVET. Counties imposing the tax must negotiate an interlocal agreement with cities and the transit agency within the county to distribute a portion of the revenue to the cities and transit agencies. The interlocal agreement must distribute a maximum of $20 per vehicle in each city to the cities within the county for local road operation and maintenance needs.

Imposes a studded tire fee and requires the funds to be deposited in the operations and maintenance account.

Imposes a $100 electric vehicle fee to mitigate the impact of electric vehicles on state roads and highways. $1.5 million of the fee must be used for a pilot project to test the administrative and technical feasibility of a mileage-based user fee system for electric vehicles to conclude by July 2015.

The act takes effect October 1, 2012.

County Transportation System Overview Presentation

Staff provided an overview of the county transportation system to the Senate Transportation Committee on January 17th. The presentation focused on the diversity of the system across the state. The diverse needs amongst counties and future investment needs. Thanks to Gary Rowe from the County Engineers Association for his help preparing the presentation technical expertise. A copy of the presentation can be found here.

HB 2370 House Transportation 1/25/12 3:30 pm HHR B
Representatives Billig, Jinkins, Cody, Liias, Fitzgibbon, Green, Lytton, Ryu, Moscoso, Ladenburg, Maxwell, Tharinger, Finn, Pedersen, Reykdal, Hansen, Hunt, Ormsby, Clibborn, and Moeller
Expands the existing goals, objectives, and responsibilities related to the operation of an efficient statewide transportation system to include the health of the state's citizens.
2ESSB 5251 Senate Transportation 1/24/12 3:30 pm SHR 4
Senate Transportation (originally sponsored by Senators Haugen, Swecker, Sheldon, Hobbs, and White)
Imposes an additional fee of one hundred dollars at the time of initial vehicle registration and annual registration renewal for electric vehicles.

SB 6215
Senators Frockt, Kline, Nelson, and Kohl-Welles
Allows local jurisdictions to create an optional transportation benefit district rebate program to fund rebates to low-income individuals, if they so choose. Requires the optional rebate programs to be created and administered by the transportation benefit district authorizing certain taxes, fees, and tolls.

County Engineers Update

An update for the county engineers on the legislative session can be found here.

General Government, Labor and Pension

Public Records Act Legislation

There have been several bills introduced this year pertaining to public records. Not surprisingly there are some we support and some we oppose.

PRA Bills we support

SB 6351: This bill was prepared by local government associations and is designed to provide relief for overly burdensome requests. Section 1 allows agencies to seek injunctions against any requester, rather than just prisoners. It also allows agencies to seek this injunction based on the fact that fulfilling the request would create a "significant burden" on the agency. This will be of limited use to smaller agencies who cannot afford such lawsuits.

Section 2 creates a safe harbor based on the "Gold Bar" solution, by allowing agencies to adopt rules limiting the number of hours the agency spends in a month responding to PRA requests. The number of hours, however, must be equal to the cost of 1% of the annual maintenance and operations budget and be at least 5 hours a month. Thus, this will not help larger agencies that spend less than 1% on PRA compliance. Moreover, before adopting these rules, an agency must make certain core documents immediately available.

HB 2340/SB 6146: Commercial requests. Expands the exemption for commercial requests for "lists of name" to apply and ban all commercial requests. HB 2340 is scheduled to be heard in the House Committee on State Government and Tribal Affairs on January 23rd, at 1:30 pm.

PRA Bills We Oppose or Have Concerns

HB 2406/SB 6109: Exemption for recordings of executive session. This bill creates a PRA exemption for video and audio recordings of executive session. It also allows a majority of the governing body to vote to release portions of the recordings not made confidential by other laws without requiring the release of the entire recording. It is requested by the Attorney General (AG) and Auditor. The WSAC LSC last week took a position to oppose this bill.

HB 2572: Mandatory training for elected officials on the PRA and OPMA. This bill directs the AG, in consultation with local government associations, to develop web-based OPMA and PRA training. It also mandates that all elected officials take these trainings. Finally, it allows others to develop "certified" trainings that will meet these requirements.

HB 2652: Penalties for destruction of records. This bill makes a violation of the document retention requirements in chapter 41.14 RCW a PRA violation. Currently, only the intention violation of retention requirements is subject to a penalty - it's a felony. This would greatly increase agency liability for the failure to comply with the retention rules issued by the Secretary of State.

Open Public Meetings Act Legislation

SSB 5355: Special Meeting Notice. This bill adds clear requirements for when members of a government body have waived the right to notice of special meetings and requires agencies to post meeting notices (1) on their website, if they have one; (2) at their primary place of business and (3) at the meeting location if different from 2. While these seem to be reasonable choices, there is one significant effect - currently only members of the government body and members of the press that have requested notice have standing to challenge the failure to provide adequate notice. By requiring a broader posting, this is likely giving members of the general public standing to file such challenges. And arguably, the failure to get the notice up on a website at least 24 hours in advance could invalidate any action taken at the meeting. This bill has already passed out of the policy committee.

HB 2526: Collective bargaining. This bill would make collective bargaining meetings subject to the OPMA, but exempt strategy discussions from the OPMA. It also creates a new PRA exemption for deliberative process type documents, which may in effect overrule ACLU v. City of Seattle by creating an exemption for internal documents, suggesting that exchanged documents are not exempt. This would have a huge impact on collective bargaining and expand the OPMA to apply even when governing bodies are not involved.

Other Bills

SB 6229

Senate Labor and Commerce

1/24/12 1:30 PM

SHR 4

Senators Kohl-Welles, Conway, Keiser, Nelson, Kline, and Chase

Provides minimum requirements for sick and safe leave from employment.

SB 6186

Senate Government Operations

1/25/12 10:00 am

SHR 2

Senator Swecker

Addresses limitations on the taxing authority of counties for emergency medical services. The bill requires regional fire protection districts to obtain approval from a majority of the other taxing districts within a county prior to placing a levy on the ballot.

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