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Hedrick Weekly April 19-25 – Sine Die Edition

At 6:10pm on Sunday, April 25, the first year of the 67th Washington State Legislature came to an unceremonious close, much as it began.  The capitol buildings and their few occupants remained closed to the public and lobbyists, protected by chain link fences installed after the January violence at the U.S.  Capitol.  Those few members and staff permitted to enter the buildings remained masked while the vast majority of their colleagues joined virtual proceedings on zoom from their homes across the state. 

Prior to the start of session, majority Democrats instructed their members to introduce no more than 6 bills and advised that bills would be more likely to be advanced if they had a clear path in the other chamber and fit into the following categories: address COVID-19 challenges, improve racial equity, advance economic recovery, address climate change, and increase revenue.  The guidelines, designed to focus the workload in a virtual universe, were successful.  In the 2019/20 biennium, legislators introduced 2408 bills (or roughly 1204 per year) and ultimately passed 868 bills (or roughly 434 per year).  This year, the first half of the 2021/22 biennium, legislators introduced 811 bills and passed 337.

The narrowed policy focus paid off, with majority Democrats passing historic priority measures on police reform, cap and trade, capital gains, a low carbon fuel standard, and funding the long unfunded working families tax credit.  What follows are some of the more notable bills that will become law in 2021. 

Agriculture & Natural Resources

5220 (Van De Wege, D-24) A retail sales tax exemption is provided for a qualifying grant made by federal, state, tribal, and local governments for salmon habitat restoration.  The existing B&O tax exemption is expanded to include grants received by a nonprofit organization from tribal governments.

1382 (Tharinger, D-24) Creates the Habitat Recovery Pilot Program (pilot program) for habitat restoration projects that meet certain criteria.  Exempts qualifying projects from certain permitting processes.  Establishes a consultation and review process for pilot program projects.

5273 (Salomon, D-32) Requires a person replacing a residential marine bulkhead to use the least impacting technically feasible bank protection alternative for the protection of fish life.

1168 (Springer, D-45) Creates the Wildfire Response, Forest Restoration, and Community Resilience Account to fund certain wildfire preparedness, prevention, and protection activities and requires the Department of Natural Resources (DNR) to report every two years on how account funds are used.  Requires the DNR to implement a variety of wildfire preparedness, prevention, and forest health initiatives including increasing coordination with various entities, developing a forest health work force, providing an aviation support program, creating a small forest landowner forest health program, and exploring and developing markets for woody biomass residuals from forest health treatments.

Business & Labor

5026 (Salomon, D-32) Port districts and port development authorities are prohibited from using port funds to purchase fully automated marine container cargo handling equipment until December 31, 2031.  Port districts may use funds to purchase human-operated zero, or near zero, emission equipment and the infrastructure to support the equipment.

5046 (Conway, D-29) The workers comp claim term “structured settlement agreement” is modified to “claim resolution settlement agreement.” At the option of the parties, a claim resolution settlement may either be paid out in a single lump sum or be paid on a structured basis. 

5106 (Liias, D-21) The condition that limits credit unions from accepting public deposits greater than the maximum insured amount from a county with a population greater than 300,000, or from public funds depositors located in a county with a population greater than 300,000 persons is eliminated. 

5284 (Randall, D-26) After July 31, 2023, the director of L&I may not issue any new special certificates to employers to pay people with disabilities a subminimum wage. 

5355 (Conway, D-29) A lien for wage claims is created.  A wage claim is a claim for any unpaid wages owed to the claimant as an employee of an employer, as well as any other compensation, interest, statutory damages, liquidated damages, attorneys’ fees and costs, or statutory penalties that may be owed for violation of a local, state, or federal wage law, but does not include vacation or severance pay, contributions to an employee benefit plan, or paid leave except paid leave that is statutorily mandated.  Any wage lien or right to a wage lien and the right of action to recover the lien is assignable.

5385 (Keiser, D-33) For the purposes of whether an airport meets the size requirement for a municipality that operates or controls the airport to enact a minimum labor standard for employees working at the airport, the number of annual commercial air service boardings at an airport is averaged over the most recent seven years.

1170 (Boehnke, R-8) Provides a state goal to double the state’s manufacturing employment base, the number of small manufacturing businesses, and the number of women and minority-owned manufacturing businesses in ten years.  Requires the Department of Commerce to prepare a biennial report to the Legislature on the state of the manufacturing and research and development industry and workforce in Washington.  Requires Commerce to convene a manufacturing council to advise and consult on the development of the report and recommendations.  Requires Commerce to grant funding for initiatives that accelerate the development of regional clusters in manufacturing and research and development.  Requires Commerce to appoint a workforce innovation lead to coordinate needs identified by the manufacturing, clean technology, and aerospace sector leads

1424 (Walen, D-48) Prohibits a retail pet store from selling a cat.  Prohibits a retail pet store from selling or offering to sell a dog unless the pet store sold or offered for sale any dog prior to the effective date of the act.

1521 (Entenman, D-47) Creates the Manufacturing and Warehousing Job Centers Account.  Provides for mitigation payments for the support of manufacturing and job centers in manufacturing and warehousing qualified local taxing districts negatively impacted by the Streamlined Sales and Use Tax Agreement.

1315 (Mosbrucker, R-14) Creates a task force on domestic violence and workplace resources to identify the role of the workplace in helping to curb domestic violence.

1097 (Sells, D-38) Establishes statutory procedures for an employer to contest an order of immediate restraint (OIR) and appeal alleged violations of the OIR, and authorizes the imposition of daily civil penalties.  Amends the Washington Industrial Safety and Health Act’s antiretaliation provision by explicitly prohibiting acts that would deter a reasonable employee from exercising their rights, and by expanding the time for filing a complaint, authorizing civil penalties, and making other changes.  Creates a grant program to assist small businesses in purchases or capital costs during a state of emergency proclamation.

1399 (Vick, R-18) Creates a process for a person with a criminal conviction to request a determination of whether that criminal history is disqualifying for obtaining a professional license administered by the Department of Licensing.

5172 (King, R-14) Agricultural employees are entitled to overtime. 

5097 (Robinson) For the purposes of PFML, the definition of family member is expanded to include any individual who regularly resides in the employee’s home or where the relationship creates an expectation that the employee care for the person, and that individual depends on the employee for care.   Family member does not include an individual who simply resides in the same house with no expectation that the employee care for the individual.

Commerce & Gaming

1469 (Wicks, D-38) Increases the maximum value of the grand prize for an enhanced raffle from $5 million to $10 million.

1289 (Chambers, R-25) Authorizes domestic winery employees who are at least age 18, but under age 21, to engage in wine production and work in a winery’s production facility, so long as there is an adult age 21 or older on duty supervising.

1443 (Morgan, D-29) Expands the purpose of the Task Force on Social Equity in Cannabis (Task Force) to include providing Social Equity Program recommendations to the Liquor and Cannabis Board on the issuance of existing cannabis producer and processor licenses.  Modifies Task Force reporting requirements, including adding Task Force recommendation topics and extending the due date for the final Task Force recommendations to December 9, 2022.  Expands the entities eligible to be awarded grants under the Cannabis Social Equity Technical Assistance Grant Program to include certain

existing cannabis license holders and cannabis license applicants who meet social equity criteria.  Authorizes the Department of Commerce to contract to establish a roster of mentors for the purpose of supporting and advising social equity applicants and current cannabis licensees who meet social equity applicant criteria.

COVID-19

8402 (Liias, D-21) Extends Governor Inslee’s Emergency Orders until termination of the COVID-19 State of Emergency or until rescinded by gubernatorial or legislative action. 

5061 (Keiser, D-33) Prevents $1.7 billion in UI tax increases, increases size of weekly jobless benefit. 

1121 (Santos, D-37) Allows public and private schools to grant individual student waivers from graduation requirements due to a local, state, or national emergency. 

5021 (Hunt, D-22) During the 2019-2021 and 2021-2023 fiscal biennia, the average final salary and earned service credit for members of PERS, PSERS, SERS, TRS, LEOFF, and WSPRS must include any compensation that was forgone as a result of reduced work hours or other similar measures resulting from the COVID-19 budgetary crisis, if the reduced compensation is an integral part of the employers’ expenditure reduction efforts, as certified by the employer.

5077 (Dozier, R-16) Provides authority to licensed companies to allow licensed mortgage loan originators to work from their residences without the company licensing the residence as a branch office of the company

5169 (Frockt, D-46) For the duration of the federal public health state of emergency related to COVID-19, a health benefit plan must reimburse a health care provider who bills for incurred PPE expenses as a separate expense, using the American Medical Association’s current procedural terminology code 99072 or as subsequently amended, $6.57 for each individual patient encounter. 

5254 (Salomon, D-32) During a public health emergency, every employer who does not require employees or contractors to wear a specific type of PPE must accommodate an employee’s or contractor’s voluntary use of that specific type of PPE, if: the voluntary use of these protective devices and equipment does not introduce hazards to the work environment and is consistent with the WISHA and L&I rules; the use of facial coverings does not interfere with an employer’s security requirements; and the voluntary use of these protective devices and equipment does not conflict with standards for that specific type of equipment established by the Department of Health or L&I.

1332 (Sullivan, D-47) Requires county treasurers to grant a deferral of 2021 property tax payments for certain businesses via establishment of a payment plan

1480 (MacEwen, R-35) Codifies, temporarily, liquor license privileges similar to allowances that the Liquor and Cannabis Board (LCB) is providing to licensees during the COVID-19 pandemic.  Includes authorizations related to curbside and takeout service or delivery of alcohol products, the sale by restaurants of premixed cocktails, cocktail kits, and wine drinks, and the sale of growlers by certain licensees.  Requires the LCB to adopt rules related to the temporary privileges, directs the LCB to consider revising rules to provide greater flexibility for food service requirements for liquor licenses, and addresses the LCB’s temporary relaxation of certain requirements.  Requires the LCB to contract for an independent study of the impacts of the new, temporary privileges.

1073 (Berry, D-36) Provides grants to certain employees ineligible for paid family and medical leave benefits due to insufficient hours worked.  Provides grants to smaller employers with employees taking leave in receipt of a grant.

1127 (Slatter, D-48) Restricts a covered organization’s ability to collect, use, or disclose Coronavirus Disease 2019 (COVID-19) health data.  Specifies prohibited purposes for collecting, using, or disclosing COVID-19 health data.  Exempts COVID-19 health data from disclosure under the Public Records Act.

5478 (Keiser, D-33) Creates the Unemployment Insurance Relief Account (UI Relief account). Requires   the Employment Security Department determine forgiven benefits, based on a calculation, for certain employers which will be reimbursed by the UI Relief account instead of charged to the employers’ experience rating accounts. Mandates ESD transfer from the UI Relief account to the unemployment compensation fund an amount equal to the forgiven benefits.

5160 (Kuderer, D-48) For rent accrued between March 1, 2020, and six months following expiration of the Governor’s eviction moratorium: a landlord may not report to a prospective landlord a tenant’s nonpayment of such rent or an unlawful detainer action resulting from nonpayment of such rent; and a prospective landlord may not take an adverse action based on a prospective tenant’s nonpayment of such rent. Provides attorneys to tenants facing eviction provided they receive certain public assistance, have been involuntarily committed to a public mental health facility, can’t afford a lawyer, or who have incomes at 125% or below the federal poverty level.

5128 (Wellman, D-41) If a charter school, state-tribal compact school, or school district is providing full remote or partial remote instruction due to a local, state, or national emergency that causes a substantial disruption to full in-person instruction, the school or school district may use student transportation allocations to provide expanded services to students, regardless of whether those students would qualify as eligible students. 

Education

5322 (Robinson, D-38) Requires that an employee eligible for both PEBB and SEBB health insurance coverage choose coverage from the same program, rather than selecting some benefits from each program.

5184 (Nobles, D-28) Each K-12 public school must establish a contact in each elementary, middle, and high school building for students in foster care.  These contacts must be appointed by the principal, in consultation with the district foster care liaison, and are responsible for coordinating services and resources for students in foster care.

5228 (Randall, D-26) Each public medical school must develop curriculum for medical students on health equity by January 1, 2023.

5249 (Wellman, D-41) By December 10, 2021, the Mastery-Based Learning Work Group shall develop a Washington State profile of a graduate describing the skills that a student should have developed by the time they graduate high school.

5401 (Nguyen, D-34) Subject to approval by the SBCTC, the community and technical colleges are authorized to offer bachelor’s degrees in computer science.

1225 (Stonier, D-49) Establishes the school-based health center program office within the Department of Health.

1342 (Berg, D-44) Eliminates lunch co-pays for students in pre-kindergarten through twelfth- grade who qualify for reduced-price lunches.

1214 (Senn, D-41) Creates a new safety and security category of classified staff for public schools.  Requires safety and security staff to meet certain training requirements.  Directs school districts and charter schools to adopt a policy and procedure with certain elements, adopt an agreement with the law enforcement agency or security guard company supplying the staff, and collect and submit certain information on safety and security staff to the Office of the Superintendent of Public Instruction.

1119 (Jacobsen, R-25) Requires the public four-year institutions of higher education to designate whether course materials are “low-cost” in their online course descriptions.

1356 (Lekanoff, D-40) Prohibits public schools from using Native American names, symbols, or images as school mascots, logos, or team names. 

1373 (Callan, D-5) Requires public schools to post contact information for behavioral health organizations on their website home pages and to post corresponding information on social media websites used by the school district.

5030 (Mullet, D-5) Each school district must develop and implement a written plan for a comprehensive school counseling program by the beginning of the 2022-23 school year.  The school counseling program must be based on regularly updated standards developed by a national organization representing school counselors.

1044 (Leavitt, D-28) Permits the Department of Corrections (DOC) to implement postsecondary education certificate and degree programs at state correctional institutions.

1139 (Pollet, D-46) Designates the Department of Health (DOH), rather than community water systems, as the principal agency in regard to lead testing, remediation, and other actions at elementary and secondary schools.  Requires school districts, charter schools, the state School for the Blind, and the state School for the Deaf to cooperate with the DOH or contract for sampling and testing for lead contamination at drinking water outlets in school buildings built, or with all plumbing replaced, before 2016.  Directs these school districts and schools to communicate certain information, take mitigation measures, and adopt an action plan if test results reveal lead concentrations that exceed stated thresholds.

1176 (Paul, D-10) Removes the allowance for school districts to withhold the grades and transcripts of students who are responsible for damaging or losing school property, or property belonging to a contractor of the district, an employee, or another student. 

1273 (Berg, D-44) Requires school districts, private K-12 schools, charter schools, state-tribal compact schools, and public and private institutions of higher education to make menstrual hygiene products available at no cost by the beginning of the 2022-23 academic year.  Requires these entities to bear the cost of supplying these products.

1295 (Callan, D-5) Establishes new and modified duties for the Office of the Superintendent of Public Instruction (OSPI), the Department of Children, Youth, and Families (DCYF), and the State Board of Education related to the provision of public education to youth in or released from secure facilities, including duties related to education access and delivery, student supports, data collection and reporting, and facility policies. 

1484 (Dolan, D-22) Repeals provisions directing the operation and use of the first responder building mapping information system for schools and other public buildings (mapping system).  Removes references to the mapping system in safe school plan requirements.  Directs transfer of the mapping system information to the Office of the Superintendent of Public Instruction, the Governor, and other public entities upon request.

1504 (Chopp, D-43) Adds workforce education and career connected learning as allowable uses of the Workforce Education Investment Account.  Requires the Health Care Authority to establish a behavioral health workforce pilot program and provide training support grants to community mental health and substance use disorder treatment providers.  Broadens the definition of “agency affiliated counselors” to include student interns.  Requires that a portion of nonfederal funds in the Health Professional Loan Repayment program be prioritized for demographically underrepresented populations.  Increases the cap on state match dollars for the Washington State Opportunity Scholarship Advanced Degrees Pathways Account to $5 million per biennium.

5227 (Randall, D-26) Professional Development for Faculty and Staff on Diversity, Equity, Inclusion, and Antiracism.  A professional development program on diversity, equity, inclusion (DEI), and antiracism for faculty and staff is established at each public IHE

5044 (Das, D-47) WSSDA must develop cultural competency, diversity, equity, and inclusion (CCDEI) standards for school director governance and post it on its website at no cost.   PESB must develop or update CCDEI standards of practice for preparation, continuing education, and other training of school district staff and post it on its website.  WSSDA and PESB must collaborate to compare and align CCDEI standards.   EOGOAC must, and the Office of Equity may, review the CCDEI standards.

5321 (Nobles, D-28) The requirement that a student sign a pledge in order to be eligible for the College Bound Scholarship is eliminated.   The Legislature intends to create a statutory contractual right  for students who fulfill  the CBS requirements. 

Environment, Energy & Technology

1145 (Rude, R-16) Makes nonwood renewable fiber derived from wheat straw grown in North America eligible to count toward the minimum 40 percent recycled content requirements for paper carryout bags provided by retail establishments

1274 (Hackney, D-11) Permits state agencies to locate new and existing information or telecommunications investments within third-party, commercial cloud computing services.  Creates a task force, chaired by the Chief Information Officer and consisting of representatives from various interest groups, to review the impact on labor of transitioning to third-party cloud computing services and the needs for retraining that would accompany such a shift.

1393 (Shewmake, D-42) Requires a photovoltaic module manufacturer to submit a stewardship plan to the Department of Ecology by July 1, 2024, rather than July 1, 2022

5000 (Hawkins, R-12) Fuel Cell Electric Vehicle Retail Sales and Use Tax Exemption Program.  The fuel cell EV retail sales and use tax exemption applies to the sales or leases of new or used electric passenger cars, light duty trucks, and medium duty passenger vehicles powered by a fuel cell.  The eight-year pilot program is effective beginning July 1, 2022, and the temporary exemption impacts the retail sales and use tax levied as follows:50 percent of the sales and use tax does not apply to qualifying new vehicles; and the entire sales and use tax does not apply to qualifying used vehicles and the per vehicle exemption is based on the purchased vehicle’s sale or fair market value

5460 (Nguyen, D-34) For purposes of the DOL AV self-certification testing pilot program, “autonomous” is defined as a level four or five driving automation system as provided in the SAE standard J3016, as it existed on the effective date of this section, or such subsequent date as may be provided by DOL by rule.  The effective date of the DOL AV self-certification testing pilot program is moved back one year to October 1, 2022.  The prohibition of operating, on a public road, a motor vehicle equipped with a television viewer, screen, or other means of visually receiving a television broadcast when the moving images are visible to the driver, is repealed.

1457 (Wylie, D-49) Makes it the policy of the state that limited access highway rights-of-way be used to accommodate the deployment of broadband facilities as a critical part of the state’s infrastructure.  Requires the Washington State Department of Transportation (WSDOT) to adopt and maintain an agency policy to provide broadband facility owners with information about planned highway projects.  Authorizes the WSDOT to have its contractors install broadband conduit as part of road construction projects if no owners would like to participate in the installation of broadband infrastructure.  Authorizes the WSDOT to grant franchises to use a state highway for construction and maintenance of fiber optic facilities.  Requires the Joint Transportation Committee to oversee a consultant study to provide recommendations related to the WSDOT’s role in broadband service expansion efforts, subject to appropriations.

5432 (Carlyle, D-36) Office of Cybersecurity.  The Office of Cybersecurity (OCS) is created within the OCIO.  The CIO appoints the CISO.  The primary duties of the OCS are specified, such as establishing security standards and policies and developing a centralized cybersecurity protocol for protecting and managing state IT assets.

5022 (Das, D-47) Beginning April 1, 2022, producers of beverages sold in plastic containers, plastic trash bags, and household cleaning and personal care products in plastic containers (covered products) selling or distributing in Washington must register with the Department of Ecology.  Beginning April 1, 2024, beverage and trash bag producers must provide an annual report to Ecology including the amounts of virgin and postconsumer recycled (PCR) plastic content by resin type in beverage containers sold or distributed in Washington.  These annual reporting requirements begin in 2026 for household cleaning and personal care product containers, and in 2029 for producers of wine in 187 milliliter beverage containers and dairy milk.  Minimum PCR content requirements are established for plastic beverage containers, trash bags, and household cleaning and personal care product containers.  It is prohibited to sell or distribute in or into Washington three types of expanded polystyrene products: portable containers designed for cold storage; food service products; and void filling packaging products.  Beginning January 1, 2022, food service businesses may only provide single-use utensils, straws, condiment packaging, and beverage cup lids only after affirming that the customer wants the product.

5126 (Carlyle, D-36) Establishes a program for capping emissions from certain covered entities and investing emission allowance auction proceeds in certain programs, projects, and activities, beginning January 1, 2023.

1336 (Hansen, D-23) Authorizes a public utility district (PUD), port district (port), town, second-class city, and county to provide retail telecommunications services. 

5141 (Saldaña, D-37) Environmental Justice in State Agency Activities. The departments of Agriculture, Commerce, Ecology, Health, Natural Resources, and Transportation and the Puget Sound Partnership (covered agencies) must apply and comply with specified environmental justice requirements with respect to agency activities.

1091 (Fitzgibbon, D-34) Clean Fuels Program. Ecology is directed to adopt a rule establishing a Clean Fuels Program (CFP) limiting the GHG emissions attributable to each unit of transportation fuel (carbon intensity) to 20 percent below 2017 levels by 2035. Requires  the passage of a separate additive transportation funding act generating more than $500 million per biennium in revenue before Ecology  may assign compliance obligations or allow for actual credit generation in order to coordinate and  synchronize the CFP with other transportation-related investments.

5383 (Wellman, D-41) Authorizes a public utility district or port district to provide retail telecommunication services in an unserved area.

Government

5015 (Hunt, D-22) Misrepresentation of an unofficial ballot collection site or device as an official ballot drop box is punishable as a gross misdemeanor

5405 (Hasegawa, D-11) JLARC must incorporate a racial equity analysis, or note if a racial equity analysis is not necessary or appropriate, in its performance audits, sunset reviews, and other

audits or reports. 

1068 (Dolan, D-22) Exempts from disclosure under the Public Records Act (PRA) continuity of operations plans for election operations, security risk assessments, and other election security records. 

1372 (Lekanoff, D-40) Sets in motion the process to replace U.S. Statuary hall Marcus Whitman statue with that of Billy Frank Jr. 

1016 (Morgan, D-29) Designates June 19, recognized as Juneteenth, as a state legal holiday.

1155 (Riccelli, D-3) Modifies requirements related to interlocal agreements for the emergency communications systems and facilities local sales and use tax.

Healthcare

5179 (Liias, D-21) Allows anyone between the ages of 16 and 17 to donate blood, including donation through apheresis after obtaining parental or legal guardian permission or authorization

5068 (Randall, D-26) Provides for one year of postpartum coverage through Medicaid

5325 (Muzall, R-10) Behavioral health administrative services organizations and managed care organizations shall reimburse a provider for a behavioral health service provided to a covered person through telemedicine or store and forward technology if: the services are covered services; the services are medically necessary; the services are essential health benefits under the federal Patient Protection and Affordable Care Act; the services are determined to be safely and effectively provided through telemedicine or store and forward technology according to generally accepted health care practices and standards; and the technology meets state and federal standards governing the privacy and security of protected health information.

1009 (Thai, D-41) Requires certain student health plans to provide coverage for the voluntary abortion of a pregnancy.

1031 (Walen, D-48) Allows a person who gave birth resulting in a stillbirth to request and receive a certificate of birth resulting in stillbirth from the state or local registrar.

1148 (Cody, D-34) Establishes civil fines, conditions on the license, and stop placements as penalties for hospitals that fail or refuse to comply with state licensing requirements.

1129 (Valdez, D-46) Authorizes the Washington Medical Commission to issue limited licenses to international medical graduates. 

1161 (Peterson, D-21) Authorizes the Department of Health (DOH) to approve more than one drug take-back program.  Establishes the drug take-back program proposal fee for proposals received before January 1, 2024.  Establishes requirements for program operator collaboration and allows DOH to identify specific requirements for program promotion and consistent reporting in rule.  Modifies the primary collection system a drug take-back program must use and specifies requirements for managing requests for prepaid mailing envelopes.

1272 (Macri, D-43) Requires that hospitals provide detailed information regarding several identified categories of expenses and revenues in financial reports to the Department of Health. 

1296 (Young, R-26) Provides a business and occupation tax deduction for behavioral health administrative services organizations and health or social welfare organizations on certain amounts received for government-funded behavioral health care.

5003 (Keiser, D-33) Insurers, fraternal benefit societies, and health carriers, including disability insurers, health maintenance organizations, and health care service contractors, may not: decline or limit coverage of a person under a policy, solely due to the status of the person as a living organ donor; prevent a person from donating all or part of an organ as a condition of receiving a policy; or otherwise discriminate in the offering, issuance, cancellation, amount of coverage, price, or other condition of a policy for a person based solely upon the status of the person as a living organ donor.

5185 (Pedersen, D-43) Establishes a presumption that a person has the capacity to make health care decisions, if they are of age and not subject to a guardianship.  Allows a health care provider to overcome the presumption of capacity by reasonably determining that the person has demonstrated an inability to understand and appreciate the nature and consequences of a health care condition or proposed treatment.  Change’s terminology referring to persons who have an appointed guardian, and persons who are competent or not legally competent, to instead refer to whether or not the person has capacity.

5203 (Van De Wege, D-24) Allows the Health Care Authority (HCA) to enter into partnerships with other states, state agencies, or nonprofit entities to produce, distribute, or purchase generic prescription drugs and purchase and distribute insulin.  Requires state purchased health care programs to purchase generic drugs and insulin through the partnership and allows other entities to purchase through the partnership voluntarily.

1152 (Riccelli, D-3) Creates a Public Health Advisory Board.  Modifies the composition of local boards of health.

1196 (Riccelli, D-3) Requires reimbursement for audio-only telemedicine services.  Expands the definition of telemedicine for purposes of hospital privileging to include audio-only telemedicine services.  Requires the Insurance Commissioner and the Collaborative for the Advancement of Telemedicine to study and make recommendations regarding telemedicine.

5399 (Randall, D-26) The Universal Health Care Commission is established for the purpose of creating immediate and impactful changes in Washington’s health care access and delivery system and to prepare the state for the creation of a health care system to provide coverage and access through a universal financing system, including a unified financing system, once federal authority has been acquired.

5423 (Rivers, R-18) A licensed out-of-state practitioner, including osteopathic physicians, may consult through telemedicine, or by other means, with a practitioner licensed in Washington State regarding the diagnosis or treatment of a patient within Washington State.  A licensed out-of-state practitioner may practice allopathic or osteopathic medicine in-person in Washington State if the practitioner does not open an office or appoint a place for meeting patients or receiving calls within the state.

5313 (Liias, D-21) A health carrier must not deny or limit coverage for gender affirming treatment when that care is prescribed to an individual because of, related to, or consistent with a protected gender expression or identity, is medically necessary, and is prescribed in accordance with accepted standards of care

1411 (Simmons, D-23) Prohibit the Department of Social and Health Services (DSHS) from automatically disqualifying a person convicted of certain crimes from having unsupervised access to, working with, or  providing care to vulnerable adults or children.

5052 (Keiser, D-33) Requires the Department of Health, subject to funding, to designate health equity zones statewide and develop projects that meet the needs of each zone.  Allows communities to self-identify as a health equity zones and develop projects.

5140 (Kuderer, D-48) If a health care provider is acting in good faith, within their scope of practice, education, training, and experience, and within the accepted standard of care, a health care entity may not prohibit the health care provider’s provision of health care services related to complications  of  pregnancy  in cases when not providing the service would violate the accepted standard of care, or  could pose a risk to the patient’s life or irreversible complications, or impairment to the patient’s body.

5229 (Randall, D-26) By January 1, 2024, health care professions that are subject to continuing education requirements must adopt rules requiring licensees to complete health equity continuing education training at least once every four years.

Housing

1070 (Ryu, D-32) Expands the allowable uses of revenues from the housing and related services local sales and use tax to include acquiring facilities and land for affordable housing, housing-related services, and behavioral health services.  Expands the allowable uses of revenues from the state-shared lodging tax to include housing and facilities for homeless youth for counties with a population of at least 1.5 million.

1108 (Orwall, D-33) Extends the mediation and certain other pre-foreclosure requirements under the Deeds of Trust Act and the Foreclosure Fairness Act (FFA) to residential real property of up to four units and removes the requirement that a property be owner-occupied.  Modifies the mediation exemption under the FFA for the 2021 and 2022 calendar years to provide that whether or not a beneficiary must participate in mediation is determined by the number of the beneficiary’s trustee sales that occurred in 2019.  Modifies the remittance exemption under the FFA for the 2021 and 2022 calendar years to provide that whether or not a beneficiary must remit a fee is determined by the number of notices of trustee’s sale that were recorded on its behalf in 2019.  Shifts the remittance requirement and exemption to be based on the number of issued notices of default rather than notices of trustee’s sale.

1236 (Macri, D-43) Specifies exclusive causes for eviction, refusal to renew, and ending a tenancy under the Residential Landlord-Tenant Act and makes other changes to rights and remedies.

5011 (Pedersen, D-43) WUCIOA is amended to allow meetings of unit owners to be conducted by telephonic, video, or other conferencing process unless conducting meetings in that manner is restricted by the declaration or organizational documents.

5287 (Das, D-47) Until December 31, 2026, a city not otherwise eligible to offer the MFTE program may offer the 12-year MFTE to qualifying properties in areas zoned for average density of 15 dwelling units per acre, or for cities with a population over 20,000, a minimum density equivalent of 25 dwelling units or more per acre.  In addition, counties with an unincorporated population over 170,000 are eligible to designate an RTA for purposes of the MFTE program.

1220 (Peterson, D-21) Updates the housing goals of the Growth Management Act (GMA) to include planning for and accommodating affordable housing

1335 (Valdez, D-46) Requires the University of Washington and Eastern Washington University to review existing deeds and covenants for unlawful racial or other discriminatory restrictions and provide notice of such restrictions to property owners and county auditors.  Adds to the seller disclosure statement a notice to the buyer of real property that covenant, or deed restrictions based on race or protected classes are unlawful and provides the methods by which such restrictions can be struck.  Provides a process for striking and removing unlawful provisions from the record and chain of title after a property owner files an action in superior court.

1410 (Volz, R-6) Eliminates penalties on delinquent property taxes for residential parcels with four or fewer units. Reduces interest on delinquent property taxes to 9 percent for residential parcels with four or fewer units.

1277 (Ormsby, D-6) Establishes a $100 surcharge on recorded documents to fund various housing services.  Creates the   Eviction Prevention Rental Assistance Program in the Department of Commerce. Directs the Department of Commerce to contract with the William D. Ruckelshaus center to examine trends affecting, and policies guiding, the housing and services provided to individuals and families who are or at risk of homelessness in Washington and develop a report on a strategy to improve services and outcomes for persons at risk or experiencing homelessness and develop pathways to permanent housing solutions.

Law & Justice

1078 (Simmons, D-23) Provides for automation restoration of voting rights to a person convicted of a felony once they are not in total Department of Corrections confinement.

5135 (Das, D-47) A person may bring a civil action for damages against any person who knowingly causes a law enforcement officer to arrive at a location to contact another person with the intent to: infringe on the other person’s constitutional rights; unlawfully discriminate against the other person; cause the other person to feel harassed, humiliated, or embarrassed; cause the other person to be expelled from a place in which the other person is lawfully located; or damage the other person’s reputation or financial, economic, consumer or business prospects

5164 (Darneille, D-27) Any offender sentenced as a persistent offender when one of the offenses resulting in life without parole was robbery in the second degree shall be entitled to a resentencing hearing. 

5177 (Cleveland, D-49) The requirement that the perpetrator of a sex crime against a minor child or vulnerable adult not be married to the victim at the time of the offense is removed as an element of the crimes.

1090 (Ortiz-Self, D-21) Force’s closure of the Northwest ICE Processing Center in Tacoma by 2025 and will prevent other private detention facilities – whether criminal or civil – from opening. 

1109 (Orwall, D-33) Requires the Office of the Attorney General, in consultation with the Washington Association of Sheriffs and Police Chiefs, to collect status updates on cases tied to previously unsubmitted sexual assault kits collected prior to July 24, 2015.  Requires the Criminal Justice Training Commission to conduct an annual case review program to review sexual assault investigations and prosecutions for the purposes of improving training and case outcomes.  Expands the statutory rights for sexual assault survivors. 

5027 (Padden, R-4) Any person owning or managing a place of public accommodation with a closed-captioned television in a public area must activate the closed-captioned programming.

5034 (Pedersen, D-43) Amends the Washington Nonprofit Corporation Act (WNCA).  The new act creates a more efficient process for the electronic transmission of notices and meeting procedures.  The act contains more comprehensive rules governing members and directors, and it updates record keeping and filing requirements with the secretary of state.  The act defines members, their rights, and their powers, and includes provisions for delegates acting in a representative capacity. 

1140 (Johnson, D-30) Requires law enforcement to provide juveniles with access to an attorney prior to any waiver of the juvenile’s constitutional rights when law enforcement: (1) questions a juvenile during a custodial interrogation; (2) detains a juvenile based on probable cause of involvement in criminal activity; or (3) requests that the juvenile provide consent to an evidentiary search of the juvenile or the juvenile’s property, dwellings, or vehicles under the juvenile’s control.  Provides that the consultation with an attorney may not be waived.  Establishes that statements made by a juvenile during or after the foregoing scenarios are inadmissible, unless: (1) the juvenile is provided with access to an attorney for consultation and the juvenile makes a valid waiver of the juvenile’s rights; (2) the statement is for impeachment purposes; or (3) the statement was made spontaneously.  Establishes exceptions to the attorney-consultation requirement if law enforcement believes the juvenile is a victim of trafficking, or believes the information sought is necessary to protect an individual’s life from an imminent threat.  Requires the Office of Public Defense to provide access to attorneys for juveniles when required by this act.

1186 (Goodman, D-45) Establishes a community transition services program administered by Department of Children, Youth, and Families (DCYF), where an individual may serve a portion of the term of confinement in the community under DCYF supervision, if certain requirements are met.

1320 (Goodman, D-45) Consolidates and harmonizes laws governing domestic violence protection orders, sexual assault protection orders, stalking protection orders, anti-harassment protection orders, vulnerable adult protection orders, and extreme risk protection orders under a new chapter governing all protection orders. 

5180 (Dhingra, D-45) A victim of sex trafficking, prostitution, or commercial sexual abuse of a minor, sexual assault, or domestic violence may apply to vacate a record of conviction for a misdemeanor, gross misdemeanor, or a class B or C felony offense. 

5183 (Nobles, D-28) The Office of Crime Victims Advocacy is to develop best practices that local communities may voluntarily use to create more access to forensic nurse examiners in cases of nonfatal strangulation assault.   Crime Victims Compensation Program.  The program is authorized to pay forensic examination costs for a domestic violence victim of a nonfatal strangulation assault incurred by a hospital or other emergency medical facility, without the victim having to apply for services through the program, until June 30, 2023.  The examination costs are not to be charged, directly or indirectly, to the victim.

5476 (Dhingra, D-45) Possession of controlled substances, including cocaine, heroin and methamphetamine results in a misdemeanor punishable by up to 90 days in jail. Police would divert a defendant’s first two offenses to treatment before the case even made it to a prosecutor, and if a defendant’s case ever reached a prosecutor, the prosecutor would be able to divert as well. Provisions making drug possession a misdemeanor would expire in two years — reverting to current law, with no prohibition on drug possession.

5038 (Kuderer, D-48)   Prohibits the open carry of a firearm or other weapons at or near public demonstrations, the west state capitol grounds, capitol grounds buildings, and other legislative locations.

Police Reform

5055 (Nguyen, D-34) Provides that an arbitrator from a roster of nine-to-18 individuals appointed by the Public Relations Employment Commission will oversee all law enforcement discipline arbitration cases in Washington.  Arbitrators appointed to the roster will be required to complete six hours of training on implicit bias and anti-racism, along with six hours related to daily law enforcement experience.

1001 (Maycumber, R-7) Authorizes the development of a two year grant program to encourage a broader diversity of candidates to seek careers in law enforcement.

1088 (Lovick, D-44) Requires each county prosecutor to develop and adopt a written protocol addressing potential impeachment disclosures.  Subject to funding, requires the Criminal Justice Training Commission to provide or contract for the provision of online training for potential impeachment disclosures.  Requires law enforcement agencies to report to prosecuting authorities an officer’s misconduct affecting credibility or any act of an officer that may be potentially exculpatory to a defendant.  Requires law enforcement agencies, prior to hiring an officer with previous law enforcement experience, to inquire whether the officer has ever been subject to potential impeachment disclosure.  Establishes limited immunity from civil liability for a public agency, official, or employee, who shares impeachment information about an officer with a prosecuting authority or the officer’s employer or potential employer.

1089 (Ramos, D-5) Requires the State Auditor to review any completed deadly force investigation to determine whether the involved actors complied with all applicable rules and procedures.  Authorizes the State Auditor, upon the request of the Criminal Justice Training Commission, to review a law enforcement agency to ensure compliance with all applicable rules and procedures governing the

training and certification of the agency’s peace officers.

5259 (Nobles, D-28) Statewide Use of Force Data Program Advisory Group.  The Office of the Attorney General (AGO) must establish an advisory group to assist with the design, development, and implementation of a statewide use of force data program. 

5051 (Pedersen, D-43) Modifies the priorities and composition of the Criminal Justice Training Commission (CJTC).  Expands the background investigation requirements for persons applying for peace officer, reserve officer, and corrections officer positions.  Expands the conduct for which the certification of a peace officer or a corrections officer may be revoked.  Requires employing agencies to report all separation and disciplinary matters regarding a certified officer to the CJTC.  Removes confidentiality of complaints, investigations, and disciplinary actions for certified officers and requires information be maintained on a publicly searchable database.

1267 (Entenman, D-47) Establishes the Office of Independent Investigations within the Office of the Governor for the purpose of investigating deadly force incidents involving peace officers.

5353 (Conway, D-29) Community Engagement Grant Program.  The Department of Commerce is directed to create and maintain a grant program to foster community engagement through neighborhood organizing, law enforcement and community partnerships, youth mobilization, and business engagement.

1054 (Johnson, D-30) Bans no-knock warrants, chokeholds, neck restraints, and certain military equipment.  It establishes restrictions on vehicular pursuits and shooting at moving vehicles, and modifies when tear gas can be used and how it is authorized.

1310 (Johnson, D-30) Changes the existing use of force statute, which currently allows police to complete an arrest by any means necessary.  Officers will be required to consider circumstances like a disability, someone experiencing a mental health crisis, pregnancy, or the presence of children when determining when to use force.  Deadly force would be the last resort if de-escalation efforts failed.

5066 (Dhingra, D-45) An identifiable on-duty peace officer who witnesses another peace officer engaging or attempting to engage in the use of excessive force against another person must intervene when in a position to do so to end the excessive use of force.  The peace officer must render aid to any person injured as a result of the use of force at the earliest safe opportunity.  Excessive force is defined as force that exceeds the force permitted by law or policy of the witnessing officer’s agency.

Tax Policy

1297 (Thai, D-41) Expands eligibility for the working families tax exemption to include Individual Taxpayer Identification Number filers.  Expands the base remittance amount for the working families tax exemption and establishes phaseout rates for the remittance.

1512 (Ryu, D-32) Authorizes lodging businesses to collect parking and business improvement area (PBIA) special assessments as an agent for the PBIA from guests as a separately stated per night charge.  Provides that special assessment amounts collected by a lodging business on behalf of a PBIA are not subject to the sales and use or business and occupation taxes.

5096 (Robinson, D-38) Imposes a 7.0 percent capital gains tax beginning January 1, 2022.

Transportation

1301 (Fitzgibbon, D-34) Allows a regional transit authority to establish an alternative fare enforcement system, which allows for the issuance of notices of violation, the resolution of notices of violation, and the resolution of appeals.

1287 (Ramel, D-40) Requires the Washington State Department of Transportation’s Public-Private Partnership Office to develop and maintain a publicly available mapping and forecasting tool that provides locations and essential information of charging and refueling infrastructure to support forecasted levels of electric vehicle adoption, travel, and use.  Requires electric utilities to analyze how their resource plans account for modeled load forecast scenarios that consider anticipated levels of zero-emission vehicle use in the utility’s service area, assumed use case scenarios that consider anticipated levels of zero-emission vehicle use, and information from the utilities’ transportation electrification plans.  Requires the State Building Code Council to implement rules for residential R-3 occupancies by July 1, 2024, to require electric vehicle charging capability at all new buildings that provide on-site parking, in an amount that is the greater of at least one parking space, or 10 percent of parking spaces.  Establishes a goal that all publicly and privately owned passenger and light duty vehicles of model year 2030 or later sold, purchased, or registered in Washington state be electric vehicles, contingent upon vehicle participation in a new road usage charge or equivalent tax or fee policy.

5192 (Das, D-47) Creates a regulatory framework for electric vehicle supply equipment (EVSE) that is available to the public for electric vehicle charging. Requires EVSE providers to clearly disclose all charges, fees and costs associated with a charging session at the point of sale. Requires the Washington State Department of Agriculture (WSDA) to adopt rules specifying the deadlines for publicly available EVSE to accept multiple methods of payment for a charging session. Directs WSDA to also adopt rules regarding interoperability standards, electric vehicle fueling systems, and the sale of electricity as a vehicle fuel applicable to publicly available EVSE.

Operating Budget Highlights

Federal Funding

  • $1.7billion for school reopening, addressing learning loss, and other allowable costs under Elementary and Secondary School Emergency Relief 2
  • $1.1 billion for the vaccine deployment, recruitment of public health workers, contact tracing and testing
  • $658 million to extend the state’s rental assistance program
  • $528 million for childcare grants and provider rates
  • $500 million in state funds for Unemployment Insurance benefit relief
  • $340 million for grants to adults who have been impacted by COVID-19 but are unable to access other benefits due to their citizenship status
  • $187 million to help prevent foreclosure for individuals under 100 percent area median income
  • $170 million for family leave during the period of the pandemic

Significant Spending Items

  • $800 million in state funds for expenditure into the Teachers Retirement System Plan 1 fund to reduce the unfunded actuarial accrued liability of the fund
  • $664 million in state and federal funds to increase rates for certain Medicaid providers
  • $602 million in state and federal funds to restore health care related savings
  • $517 million in state and federal funds to increase behavioral health services, including provider rate increases, community supports, and crisis teams
  • $454 million in state and federal funds for personal care, family support and other services for low-income individuals living in community settings
  • $309 million in state and federal funds for learning recovery, educational technology, and stabilization funding for public schools
  • $298 million in state and federal funds to fund the Fair Start Act, which includes a variety of early learning and childcare initiatives
  • $292 million in state funds for housing, rental, and related services
  • $261 million in state funds to implement the working families tax credit
  • $147 million in state funds for the Foundational Public Health initiative
  • $125 million in state funds for wildfire preparedness, prevention, and protection activity

Significant Savings Items

  • $621 million in state savings from increased federal match for certain Medicaid services
  • $71 million in state savings from caseload reductions in the criminal justice system after changes to violator sanctions and reentry requirements
  • $57 million in state savings by modifying the entitlement start date for the Early Childhood Education and Assistance Program
  • $56 million in state savings from a reduction in wards at the state psychiatric hospitals

Major Revenue Changes

  • $1.0 billion is transferred into the Washington Rescue Plan Transition Account to respond to the impacts of the COVID-19 pandemic including those related to education, human services, health care and the economy
  • $415 million gain from imposing a 7 percent tax on Washington capital gains realized from the sale of long-term assets
  • $34 million gain from creating a framework for registering eligible captive insurers and imposing a premium tax on the risk covered by premiums allocable to Washington
  • $12 million loss for mitigation payments for the support of manufacturing and job centers
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