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The Green Sheet- Week of February 8, 2016

Week four of the 2016 Legislative Session came to a close with policy cut-off on Friday. But, the scramble to meet a deadline was eclipsed by a major shakeup in the Inslee administration. Secretary of Transportation Lynn Peterson was denied confirmation by Senate Republicans on Friday, followed by the resignation of Department of Corrections head, Dan Pacholke on Saturday morning.

While many saw Pacholke’s resignation coming, jaws dropped with the news of Peterson’s ousting.The Washington State Senate hasn’t rejected a gubernatorial appointee since 1998. Some said it was pure political theatre, chiding Senate Republicans for scapegoating Peterson. Others, namely those who voted not to confirm Peterson, zeroed in on the unpopular Interstate 405 express-toll lanes that have resulted in maddening congestion from Kirkland to Bothell, as well as a two-year delay in the Highway 99 tunnel and ferry system delays. Aside from well known project mishaps, some cited inequity in state contracting as a concern.

Although this week is likely to be filled with back and forth commentary concerning these two departures, there are some bills being heard that deserve equal attention. Beginning on Monday there will be marathon hearings for bills queued up to be heard in fiscal committees and some carry enormous implications.  

Numerous bills regarding water rights and water quality made it through the first cutoff and have until Tuesday, February 9th to be voted out of fiscal committees. Most notably, three bills regarding groundwater regulations are creeping through the legislature. At least two of the bills may be a reaction to new rules proposed by the state Department of Ecology around the handling of manure. Ecology says manure from farms and dairy operations contributes to nitrate pollution in groundwater, a major issue in parts of the state. Opponents say the bills loosen water quality regulations, while the sponsors claim that their legislation would prevent “pancaking” of federal and state law.

The other major thing happening this week is that I-732, the carbon tax initiative, is finally getting a public hearing in the Senate. The I-732 B bill filed by Senator Doug Ericksen remains blank but discussions continue.

Also on the environmental front is the Model Toxics Control Act bill. Sponsored by Senator Doug Ericksen, D-Ferndale, the bill delays some Department of Ecology projects in order to focus on toxic cleanup. The bill, which is highly criticized by environmentalists, was referred to Ways & Means last week.

While Senator Steve Hobbs’, D-Lake Stevens, minimum wage bill did not move out of the policy committee the discussion on minimum wage continues with the legislature.  AWB said in the public hearing last week that the bill has “some of the elements” they’d like to see in a minimum wage proposal. This amenable stance towards Hobbs’ bill shows the newfound willingness of some parties within the business community to negotiate on minimum wage, but in no way guarantees passing something through this short session.

One bill related to minimum wage is SB 6587. This bill was heard in committee on February 1st and moved to Senate Ways & Means on February 3rd. The bill prohibits cities, towns, and port districts are from regulating private employers with regard to  the payment of wages; hours of work; labor scheduling; employee retention; and leave from employment. Many members of the business community see preemption and uniformity as essential to any minimum wage compromise.

Other than the competing McCleary plans, little is happening in education. The Senate Ways & Means Committee held a hearing on the Senate bill last week, where several education groups voiced concern about moving the date of compliance from 2017 to 2018. Committee members have until Tuesday to approve the bill. The House bill has already moved into Senate.

Aside from McCleary, Senator Steve Litzow’s, R-Mercer Island, charter school bill made it into the House long before the first cutoff. On the other side of the fence, Representative Sharon Tomiko Santos’ effort to close the achievement gap also moved quickly into the opposite house.

The fiscal cutoff always produces anxiety, but this year it’s really worth the hype, given that the new four-year outlook shows a budget shortfall in 2017-19. Although lawmakers appear to be pressing ahead with “business as usual,” reality is that all bills with appropriations are in jeopardy due to increases in spending.

Dramatically higher costs from the Health Care Authority mean that the state budget will not balance in the four year outlook. In a policy brief on the issue Washington Research Council (WRC) stated, ”Accounting for the increased maintenance level spending needed in 2016 (but not including fire suppression costs or McCleary fines), the November 2015 budget outlook produced by the ERFC estimates that the unrestricted ending fund balance in 2017-19 will be negative $473 million.” This did not take Governor Inslee’s proposed supplemental budget into account, which includes policy spending on top of maintenance spending.Another policy brief by WRC announced the Governor’s budget proposal is “in the red by over 700 million.”

 

Quotes:

Representative Elizabeth Scott, R-Monroe, who sponsored one of the more controversial water quality bills: “I find it far-fetched that a business would put something bad into the groundwater.”

“It is my hope that with this resignation, the politicians who would use this tragic event for their political purposes will have satisfied their need for blood.”- Dan Pacholke in his resignation letter.

Senator Mark Miloscia, R-Federal Way, Chair of the Senate Accountability and Reform Committee, said this in response to Pacholke’s letter: “…People are dying as a result of this culture of apathy and his comments about a ‘need for blood’ completely miss the point of accountability.”

Senator Michael Baumgartner, R-Spokane, took to Twitter after Peterson’s hearing saying, “Note to other Inslee employees: Shape Up, Do your job. Serve the people w accountability. Or more heads are going to roll.”

If there was any doubt remaining, it should be clear now — hard-line, D.C.-style gridlock has arrived in our Washington,” Representative Judy Clibborn, D-Mercer Island, posted Friday night after Lynn Peterson was denied confirmation.

“We believe this bill would simplify the process, enhance accuracy and, more importantly, would expand our democracy so that people would understand that we’re trying to make it easier for them to vote, not harder,” said Senator Pramila Jayapal, D-Seattle, sponsor of a measure to automatically register voters in Washington State.

 

Calendar:

Monday kicks off with a gargantuan list of bills being heard in Senate Ways & Means and House Rules, both at 1:30 PM.

Governor Jay Inslee will hold his first news conference Monday since Friday’s ouster of Transportation Secretary Lynn Peterson at 10:30 a.m.

Also on Monday, an executive Session is being held in the Senate Committee on Transportation at 1:30 PM on a bill concerning “performance oversight of the state transportation system.” Should be interesting.

I-732 is having a public hearing bright and early on Tuesday. Be there at 8:00 AM in the Senate Energy, Environment & Telecommunications Committee.

On Thursday, an initiative to officially declare Washington opposed to the influence of corporate dollars in elections is being heard in the Senate Committee on Government Operations & Security at 9:00 AM. The initiative, if passed, would make Washington the 17th state to call for a constitutional amendment overturning Citizens United.
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