The first major cutoff of the 2023 legislative session is on February 17. Heading into week 6 of the 2023 legislative session, legislators and advocates are working earnestly to pass or kill bills. Bills not necessary to implement the budget must pass out of their house of origin policy committee by Feb. 17 to stay alive this session.
Housing
Sen. Marko Liias and Rep. Julia Reed are sponsoring Gov. Jay Inslee’s bill focused on transit-oriented development. This bill seeks to promote density of residential development near transit hubs and light rail stations – the bill numbers are House Bill 1517/Senate Bill 5466. The Seattle Metropolitan Chamber of Commerce Senior Vice President of Public Affairs and Communications Lars Erickson testified in support of the House version at its first hearing on Feb. 7, and the Senate companion bill, which was passed out of the Senate Local Government, Land Use & Tribal Affairs Committee on Feb. 7. The Senate bill is scheduled to be heard in the Senate Transportation Committee on Feb. 13.
Nurse Staffing
On Feb. 10, the Senate Health & Long-Term Care Committee heard Senate Bill 5499, sponsored by Sen. Mark Mullet. The bill would allow the state to join the multi-state nursing compact, which would allow nurses from other states to practice in Washington without additional licensing examinations and fees. It is designed to make it easier to practice nursing and attract out-of-state nurses to work in Washington state. Currently, 37 states are part of the compact, and Washington ranks fifth in the nation for nurse pay, a good incentive for nurses to relocate.
Another health care issue taking center stage is the nurse staffing legislation Senate Bill 5236, which seeks to establish nurse-to-patient ratios. Supporters of the legislation argue that nurses are overworked and tired, while opposition voices said there are not enough nurses to meet the mandates outlined in the bill, as well as the potential financial impact on hospitals from fines and costs associated with the bill. If passed, this bill could close many wards and facilities still facing nursing shortages. Last week the bill passed out of the Senate Labor and Commerce Committee and was referred to the Senate Ways and Means Committee for further consideration.
Party Priorities
On Feb. 7 House and Senate Democratic leadership gathered to discuss their priorities for the week which included housing, workforce issues, behavioral health, public safety, childcare and budget discussions. To view the Democratic leadership video, click here. House and Senate Republican leadership also gathered to discuss the week’s priorities. The top concern for Republicans this week was the vehicular pursuit legislation, which is currently being held in committee. Other issues discussed included housing and nurse staffing legislation. To view the video, click here.
Legislation to Watch
Public Safety
Senate Bill 5259 – Ensuring commerce and workplaces are safe from product theft
This attorney general-request bill would create an Organized Retail Theft Task Force, a business and occupation tax credit for business security improvements and would reduce the cannabis excise tax for security improvements to cannabis retail establishments. It would also prohibit businesses with 50+ employees from disciplining an individual who intervenes to investigate or question the ownership of merchandise. The bill was heard in Senate Labor and Commerce Committee on Feb. 26 and is scheduled for executive action on Feb. 13.
Employment Law
House Bill 1458 – Concerning unemployment insurance benefits for apprenticeship program participants
This legislation would extend unemployment benefits to apprenticeships. The bill was passed out of the House Labor and Workplace Standards Committee on Feb. 10.
Senate Bill 5586 – Concerning employees’ Paid Family and Medical Leave data
This bill would provide claim information to employers necessary to implement the Paid Family and Medical Leave program. It allows employers to fully Seattle Metro Chamberister the program by providing necessary information regarding claim duration, payments and type of claim. The bill was passed out of the Senate Labor and Commerce Committee last week and has been referred to the Senate Rules Committee.
Senate Bill 5286 – Modifying the premium provisions of the Paid Family and Medical Leave program
This bipartisan legislation proposes changes to the Paid Family Medical Leave program including adjusting the way premiums are calculated, raising the cap on premiums, and creating a reserve fund. Last week the bill passed the Senate, 48-0, and has been referred to the House Labor and Workplace Standards Committee.
This bill repeals the law prohibiting the Department of Labor and Industries from adopting rules related to ergonomics or musculoskeletal disorders. The bill passed out of the Senate Labor and Commerce Committee this week and has been referred to the Senate Rules Committee.
Housing Affordability and Homelessness
These bills would require cities with a population of at least 6,000 or a city near an urban growth area with a population of more than 200,000 to increase density in residential areas typically dedicated to single-family detached housing. Executive action was taken on both the House and Senate bills last week and both have now been referred to their respective fiscal committees.
The legislation prohibits, with certain exceptions, a landlord from: (1) engaging in predatory practices related to excessive rent increases; (2) differentiating treatment based on whether the tenancy is month-to-month or longer term; and (3) charging move-in fees and deposits that exceed one month’s rent before a tenant takes possession of a dwelling unit. The bill passed out of the House Housing Committee on Feb. 9.
This legislation aims to limit rent increases to reduce homelessness. Among other regulations the bill prohibits a landlord from increasing the rent more than the CPI-U or 3%, whichever is greater, up to a maximum or 7%. The Department of Commerce is required to calculate and publish the maximum annual rent increase percentage. Although they are very similar the main difference between House Bill 1389 and House Bill 1388 is that 1389 allows landlords to accrue increases and apply them later. For example, if a landlord did not increase rent by 5% in 2023, they would be able to increase by 10% in 2024. The House bill passed out of the House Housing Committee on Feb. 9, and although the Senate bill was scheduled for executive action, no action was taken.
This legislation would require cities and counties to allow accessory dwelling units (ADUs) in urban growth areas (with some restrictions) and permit homeowners to convert garages into ADUs. The bill was pulled from Rules last week and placed on second reading in the House Housing Committee.
House Bill 1276/Senate Bill 5235- Concerning accessory dwelling units
This legislation would require cities and counties to allow ADUs but differs from House Bill 1337 in that it also allows homeowners to lease the ADUs as short-term rentals. House Bill 1276 had a public hearing on Jan. 23 but has not yet been scheduled for executive action. The Senate bill had a public hearing on Jan. 26 and it was passed out of committee on Feb. 9. The bill is now in the Senate Rules Committee.
Environment
House Bill 1505/Senate Bill 5447 – Promoting the alternative jet fuel industry in Washington
This week bipartisan legislation was introduced related to sustainable aviation fuels. The goal of the legislation is to promote in-state use and deployment of sustainable aviation fuels through tax incentives and other tools. The House bill was heard this week. The Senate bill was passed out of committee last week and has been referred to the Ways and Means Committee.
Senate Bill 5281 – Modifying the aircraft fuel excise tax
This legislation, sponsored by Sen. Rebecca Saldana, repeals the aircraft fuel excise tax exemption for fuel associated with domestic commercial aircraft operators. It imposes a $0.05 aircraft fuel excise tax on fuel associated with domestic commercial aircraft operators and deposits that money into the newly created Commercial Aviation Mitigation Account. The bill is scheduled for a public hearing on Feb. 13 in the Senate Transportation Committee.
House Bill 1216/Senate Bill 5380 – Concerning clean energy siting
This governor-request legislation would create an Interagency Clean Energy Siting Coordinating Council to be co-chaired by the Department of Ecology and the Department of Commerce. The purpose of the council would be to expedite the permitting for clean energy projects. The bill would also establish a definition for clean energy projects “of statewide significance” and require SEPA review to be completed within two years. Both bills passed out of their respective policy committees this week.
House Bill 1131/Senate Bill 5154 – WRAP Act
What was once known as the RENEW Act has been rebranded as the Washington Recycling and Packaging Act or WRAP Act. This session, the WRAP Act is sponsored by Rep. Liz Berry and Sen. Christine Rolfes. The WRAP Act has passed out of the House and Senate policy committees and will now head to fiscal committees for further consideration. House Bill 1131 is scheduled for a public hearing on Feb. 15 in the House Appropriations Committee.
Transportation
House Bill 1791 – Studying the need for increased commercial aviation services
This legislation was introduced last week, and it would create a new work group to replace the Commercial Aviation Coordinating Commission. The work group will be tasked with identifying locations for a large new airport in Western Washington. This is a controversial issue and the local jurisdictions that were identified as potential locations for a new commercial airport have expressed opposition. This bill is scheduled for a public hearing on Feb. 16.
What’s Coming Next
In the upcoming weeks as bills make their way through fiscal committees and over to the opposite house for consideration, budget debates will begin to unfold. Following the March revenue forecast each chamber will release their respective Operating, Capital and Transportation budget proposals. After the House and Senate release their proposals, negotiations will begin to take place and at that point we will start to see a clearer picture of the 2023-2025 biennial budget.
Important Dates
Feb. 17, 2023 – Policy Committee Cutoff
Feb. 24, 2023 – Fiscal Committee Cutoff
March 8, 2023 – House of Origin Cutoff
March 29, 2023 – Policy Committee Cutoff – Opposite House
April 4, 2023 – Fiscal Committee Cutoff – Opposite House
April 12, 2023 – Opposite House Cutoff
April 23, 2023 – Sine Die