Washington Business Fall 2015 | Legislative Review | Page 23

issue area reports | environment

guard with several of the key provisions
in the rule. Some provisions would have
required costly review and development
requirements for protection of endangered species, among other provisions.
Members from the broader business
community supported Senate Bill 5959,
sponsored by Sen. Brian Hatfield, D-Raymond, to restrict DNR from submitting
the proposed HCP and entering into an
agreement with the federal government
until a more robust stakeholder process
was undertaken. In the course of negotiating the legislation, DNR stopped its
process, withdrew its submittal, and
reconvened the rule development process
with stakeholders. Given this development, the underlying legislation was
deemed unnecessary.

SB 6057 (SSB 5209 /
HB 1220)

providing an exemption
from the hazardous
substance tax for certain
agriculture products

of Revenue, which creates a competitive disadvantage for businesses located
in Washington. Ultimately, SB 5209 was
rolled into Senate Bill 6057, sponsored by
Sen. Andy Hill, R-Redmond, along with
other needed tax exemptions, and passed
by the Legislature.

land use &
construction
SHB 1234

a $10 fee for each nonresidential building
permit. Discussions on SHB 1234 centered on how the new fee revenue would
be used, and AWB’s position was that if
the industry is asked to pay higher fees, it
should be tied to a specific program and
include adequate performance measures
or reforms that improve transparency and
accountability. SHB 1234 accomplished
none of these conditions and it was widely opposed by the business community.
The bill did not pass the House before
cutoff and died.

building permit fees

ESB 5921

AWB opposed Substitute House Bill 1234,
sponsored by Rep. Tana Senn, D-Mercer
Island, which would modify certain building permit fees. The bill would increase
the $4.50 fee imposed by the State Building Code Act on each building permit
issued by a county or city to $5.50 for
each residential building permit, and add

Failed/AWB Supported

Failed/AWB Opposed

vesting protection
AWB supported Engrossed Senate Bill
5921, sponsored by Sen. Jim Honeyford,
R-Sunnyside, which would have preserved the common law application of
the vested rights doctrine. In 2014, a lower court struck down the common law
vesting doctrine, leaving only a limited

Passed/AWB Supported
Senate Bill 5209, introduced by Sen. Judy
Warnick, R-Moses Lake, would have provided an exemption from the hazardous
substances tax for possession of a hazardous substance that is solely for use by a
farmer as an agricultural crop protection
product. Rep. Brian Blake, D-Aberdeen,
offered House Bill 1220, but despite several public hearings, neither bill advanced
during the regularly scheduled legislative session. The exemption would have
applied if the product was warehoused
in this state or transported to or from
this state, provided that the person possessing the substance does not otherwise
use, manufacture, package for sale, or sell
the substance in this state. The exemption is needed to help correct a liberal
interpretation by the state Department

Bill considered as part of
AWB’s voting record

Heather Burgess, chair of AWB’s Land Use Committee and a partner at Phillips Burgess PLLC,
left, and Justin Stewart of Potala Village Kirkland LLC join AWB’s Mike Ennis to testify in favor of
common law vesting rights under ESB 5921.

Favorable outcome for
Washington businesses

Missed Opportunities

special edition 2015

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