Washington Business Fall 2017 | Legislative Review & Vote Record | Page 38

2017 legislative review
Senate Majority Coalition Caucus chose
to bond more and spend less Hazardous
Substance Tax in their 2017 Capital Budget
proposal in order to contain costs without
a tax increase.
SHB 1266
petroleum storage tank
safety
Passed/AWB Supported
For the past two years, Rep. Strom Peterson,
D-Edmonds, has worked collaboratively
with the state’s Pollution Liability Insurance
Agency and the petroleum marketing and
refining industries to introduce meaningful,
cost-effective legislation which allows for
the prevention of oil spills from petroleum
storage tanks used in gasoline sales and
residential home heating. Substitute
House Bill 1266 transferred some cleanup
activities traditionally carried out by
the state Department of Ecology to the
Pollution Liability Insurance Agency, which
has unique and extensive experience with
petroleum tanks specifically. SHB 1266 was
a productive step forward for business,
state government and the environment;
and moved through the Legislature with
unanimous support.
ESHB 1531
carbon-capturing forest
riparian areas
Passed/AWB Supported
Engrossed Substitute House Bill 1531
was a long-awaited recognition of the
carbon-capturing benefits of streamside
easements set aside as part of the Forest
Riparian Easement Program. ESHB
1531 requires the Department of Natural
Resources, which administers the Forest
Riparian Easement Program, to include
the carbon-sequestration potential of
unharvested timber inherent in easements
i n t h e c a l c u l a t i o n s i t m a ke s w i t h
regard to environmental benefits of the
easements. Rep. Mike Chapman, D-Port
Angeles, sponsored the bill, which moved
through the Legislature with unanimous
support despite opposition from some
environmental nonprofit groups.
36 association of washington business
HB 1596
regulating children’s
electronic components
Failed/AWB Opposed
In 2008, the Legislature passed the
Children’s Safe Products Act, which limits
levels of cadmium, lead, and phthalates in
children’s products that are manufactured,
sold, or distributed in Washington. Rep. Beth
Doglio, D-Olympia, sponsored House Bill
1596, which would have extended reporting
under the Children’s Safe Products Act of
certain chemical substances used in the
manufacturing of electronic components.
HB 1596 died in the House Environment
Committee, but AWB members expect
similar legislation to be proposed in the
2018 legislative session.
HB 1744
banning polyfluorinated
chemicals in food
packaging
Failed/AWB Opposed
Polyfluorinated alkyl compounds, known as
PFAS, are used in food packaging to provide
resistance to oil, heat and water. While
“long-chain” PFAS compounds have been
phased out voluntarily by industry, there is
not enough evidence to suggest that “short-
chain” PFAS compounds pose a human
health risk. Rep. Joan McBride, D-Kirkland,
proposed House Bill 1744, which would
have banned the use of all PFAS and related
substances in food packaging. The bill died
in the House Environment Committee, but
AWB members expect similar legislation to
be proposed in the 2018 legislative session.
land use, water resources,
and regulatory reform
SHB 1428
hydrologic project
approval
Failed/AWB Opposed
AWB opposed Substitute House Bill 1428,
sponsored by Rep. Brian Blake, D-Aberdeen,
concerning construction projects in state
waters. The Washington Department of
Fish and Wildlife (WDFW) requested this
legislation to expand the Hydraulic Project
Approval (HPA) program and extend the
current fee, which was set to expire on June
30, 2017. The business community worked
with stakeholders in an attempt to find a
fair compromise with WDFW, but those
talks broke down and the Legislature did
not pass the agency’s bill. SHB 1428 died in
committee and the current HPA fee expired
on June 30. The other HPA requirements
remain the same, but now WDFW officials
no longer have authority to charge a fee for
the permit. Agency officials are working
to remove the fee function from the HPA
program application and provide refunds
to anyone who was caught in the middle.
Lawmakers did backfill the agency’s lost fee
revenue with a general fund allocation for
the next two years.
2SHB 1120
regulatory fairness act
Passed/AWB Supported
AWB supported Second Substitute House
Bill 1120, sponsored by Rep. Norma Smith,
R-Clinton, clarifying agency requirements
under the Regulatory Fairness Act (RFA).
The State Auditor’s Office (SAO) found
state agencies were improperly claiming
exemptions and not complying with the
requirements under the RFA. The business
community worked with Rep. Smith and the
governor’s office to find reasonable steps to
improve compliance and accountability.
2SHB 1120 requires the Office of Regulatory
Innovation and Assistance to support
agencies to comply with the RFA, requires
the SAO to conduct performance reviews of
agency compliance, and requires agencies to
mitigate the regulatory costs on businesses
when the agency cannot prove the extent
of the impact. 2SHB 1120 passed the House
98-0 and the Senate 49-0, and the governor
signed the bill into law.
3ESB 5517
rail dependent uses
Passed/AWB Supported
AWB supported Third Engrossed Senate
Bill 5517, sponsored by Sen. Lynda Wilson,
R-Vancouver, concerning rail dependent