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THE BEAT GOES ON

We’ve
made it through the first two weeks of the 105 day 2007 State
Legislative Session with flying colors, with testimony provided on
issues ranging from the recommendations of the Ocean Policy Work
Group and the Puget Sound Partnership to PBDE’s and stormwater.
So we’re out of the starting gate and speeding full steam ahead
toward the first cutoff date (see Session Cutoff Calendar below).
With this edition of “Leg-Com News,” you’ll find
two Priority Bills lists. One provides the current status of the
bills, with a brief description. (This will be updated regularly
during session.) The other list categorizes the priority bills by
subject, and provides a link to them on the legislative website,
which provides bill language, digests, history and reports.

January 8 First Day of Session
February 28 Last
day to read in committee reports in house of origin, except House
fiscal committees and Senate Ways & Means and Transportation
committees.*
March 5 Last
day to read in committee reports from House fiscal committees and
Senate Ways & Means and Transportation committees in house of
origin.*

March
14
Last
day to consider bills in house of origin (5 p.m.).*
March 30 Last
day to read in committee reports from opposite house, except House
fiscal committees and Senate Ways & Means and Transportation
committees.*

April 2 Last
day to read in opposite house committee reports from House fiscal
committees and Senate Ways & Means and Transportation
committees.*

April 13 Last
day to consider opposite house bills (5 p.m.) (except initiatives
and alternatives to initiatives, budgets and matters necessary to
implement budgets, differences between the houses, and matters
incident to the interim and closing of the session).*

April 22 Last day allowed for regular session under state constitution.
*
After the 96th day, only initiatives, alternatives to initiatives,
budgets and matters necessary to implement budgets, messages
pertaining to amendments, differences between the houses, and
matters incident to the interim and closing of the session may be
considered.

 

STAY
IN TOUCH

Tribes
should be in regular contact with legislators, particularly those
from your district, to assure an open channel of communications,
develop rapport and help get the message across that legislation must
be supportive of tribes and treaty rights. It can be tough to nail
senators and representatives down sometimes, so it’s important
to plan ahead. But it’s also important to be able to respond
quickly to the various issues that arise. Good ways to keep
communicating, in addition to visits, include calls to staff members,
flagging legislators off the floor (notes can be sent in during floor
sessions and typically they will come out to meet with you), emails
and testimony at hearings and work sessions. It’s also
important for us to stay in touch with each other to help assure
continuity in our messages.

 

SOME
OF THE KEY BILLS IN PLAY

PUGET
SOUND PARTNERSHIP
: Several hearings took place last week on
the Puget Sound Partnership, and they will continue as efforts are
made to get HB 1374 and SB 5372, the “governance bill,”
passed as fast as possible to enable passage of a budget to fund the
new agency. Key budget issues include: 1) Make the agency as
independent as possible; 2) Be sure the agency be adequately funded;
3) boost the proposed salmon recovery funding to $100 million and 4)
Be sure tribes are funded at $2 million peryear. Strong emphasis is
being placed on balanced budgets, but it’s clear that there
will be need for more funding both this biennium and in future years
for this effort to succeed. (Please watch the weekly “Hot
Sheet” for further information.)

SB
5145, “CONSERVATION OF AGRICULTURE LANDS”
: A
number of serious problems have been reported in the language of SB
5145, which seeks to conserve agricultural lands. That, in itself,
may be admirable. But there are concerns that the approach may
jeopardize wetland mitigation banks in areas where they are critical
components of salmon restoration. Delta habitat is obviously needed
to recover salmon. Other areas important for salmon recovery may
also be affected. The bill also requires a hearing examiner process
to get any wetland banking in agricultural lands. Rather than a
regulatory approach, which is frequently needed to preserve lands,
the legislation is based on voluntary programs.

HB
1078/SB 5129, UNLAWFUL HUNTING BILLS:
These bills create the
crime, “Unlawfully hunting on the property of another.”
Language in the bill, lifted directly from RCW 9A.52.010: “…A
person who enters or remains upon unimproved and apparently unused
land, which is neither fenced nor otherwise enclosed in a manner
designed to exclude intruders, does so with license and privilege
unless notice against trespass is personally communicated to him by
the owner of the land or some other authorized person, or unless
notice is given by posting in a conspicuous manner. Land that is used
for commercial aquaculture or for growing an agricultural crop or
crops, other than timber, is not unimproved and apparently unused
land if a crop or any other sign of cultivation is clearly visible or
if notice is given by posting in a conspicuous manner. Similarly, a
field fenced in any manner is not unimproved and apparently unused
land.” The legislation obviously cannot apply to tribes, and it
may be advantageous to secure amended language that so indicates.

RE:
HB 1250, “INDEPENDENT” BIOLOGICAL INFORMATION/FISH AND
WILDLIFE COMMISSION:
The elk population of the St. Helen’s
herd is too high for the forage available to them. Thus, many of the
elk in that herd are starving. According to Intertribal Wildlife
Coordinator Todd Wilbur, the solution of establishing feed stations
is not as good as it may sound because it would very possibly cause a
domino effect of disease. A far better solution would be to transport
animals to other locations to augment populations where the counts
are down. There’s a higher cost for that approach, of course.
It’s cheaper and easier to feed the elk, but the longer term impacts
would likely be undesirable. He adds that the North Cascades herd is
in a lot better condition, as are herds in Eastern Washington. Ken
Currens of NWIFC says the bill is a bad idea because hiring outside
consultants to provide the Fish and Wildlife Commission with
“independent” data would “second guess” WDFW
and potentially the tribes’ work on elk.

HB
1226
,
FIRST PEOPLES’ LANGUAGE/CULTURE/HISTORY TEACHER CERTIFICATION:

Since the passage of HB 1495, a great amount of work has been done by
tribal educators to follow through, and make the most of the spread
of education about the tribes through the public school system. This
bill is part of the result.

As
indicated by the long list of “priority” bills to follow,
there has been no shortage of legislation introduce so far this
session. With the first bill cutoff at the end of February, it’s
likely that there will be many more. As time goes on, however, many
will certainly be trimmed off the list. Also, commencing with the
list to be distributed later this week, recommended positions will be
included. Prioritization of bills is based on pertinence to natural
resource/environmental management and interest to the tribes. More
bills will be featured in upcoming editions of LEG-COM NEWS.

 

PRIORITY BILLS

UPDATED
JAN. 22, 2007

 

SHB
1037 Electrical transmission HOUSE RULES

HB
1045- Brd Nat Res Proceeds from DNR HOUSE/EXEC ACTION

HB
1075- Fish and Wildlife Department-Inspections HOUSE AG/NAT RES.

HB
1076- Rockfish Research HOUSE AG/NAT RES

HB
1077- Fish and Wildlife Data-Public Disclosure HS. SG/TRIBAL
AFFAIRS

HB
1078- Unlawful Hunting HOUSE AG

HB
1082- Shellfish/seaweed harvest license inspections HOUSE AG

HB
1122- Forest health/trust lands-Contract harvest/silvic. HOUSE AG

HB
1123- DNR authority/certain aquatic lands HOUSE AG

HB
1128- Making operating appropriations for 2007-2009 HOUSE APPROP

HB
1135- Cities designate aquifer conservation zones. HOUSE LOCAL
GOV

HB
1137- Creating the water quality capital account. HS CAPITAL
BUDGET

HB
1146- Wildlife damage claims HOUSE AG

HB
1147- Damage to livestock HOUSE AG

HB
1160- Green highways in the energy freedom program. HOUSE
TECH/EN

HB
1167- Preserving the viability of agricultural lands. HOUSE LOCAL
GOV

HB
1180- Business/Occ taxation of environmental remediation HOUSE
FINANCE

HB
1185- Timber purchases-Extending reporting requirements HOUSE AG

HB
1192- Gov appoint director of Parks and Recreation HOUSE AG

HB
1193- Gov appoint director of Fish and Wildlife Department HOUSE AG

HB
1195- Preserving regulatory assistance HS ST GOV/TRIBAL AFF

HB
1208- Carbon monoxide mitigation HOUSE AG

HB
1210- Reducing Greenhouse Emissions HOUSE AG

HB
1211- Solar hot water tax exemptions HOUSE TECH

HB
1226- First Peoples’ language/culture/history teacher
certif.. HS SG/TRIBAL AFFAIRS

HB
1238- Water-sewer districts HOUSE LOCAL GOV

HB
1239- Water supply comprehensive plans HOUSE LOCAL GOV

HB
1240- Small water systems HOUSE FINANCE

HB
1248- WDFW Funding HOUSE AG

HB
1249- One year deferral/hunter education HOUSE AG

HB
1250- F/W Commission-Independent biological Information HOUSE AG

HB
1258- Air pollution control agency HOUSE LOCAL GOV

HB
1293- Regulatory assessment fees HOUSE APPROPS

HB
1295- Water Resource Area 14 HOUSE PUGET SOUND

HB
1299- Ballast water management HOUSE AG

HB
1301- Air quality projects HOUSE TECH

HB
1303- Cleaner energy HOUSE AG

HB
1358- Growth Management HOUSE LOC GOV

HB
1374- Puget Sound Partnership HOUSE PUGET SOUND

HB
1402- “Private carriers” of solid waste HOUSE
TRANSPORT

HB
1408- Conversion of forest land to non-forest uses HOUSE AG

HB
1409- Local Jurisdiction/Conversion-related forest practices HOUSE AG

HB
1412- One year extension-Shoreline program updates HOUSE LOC GOV

HB
1413- Changing “floodway” in Shoreline Management
Act HOUSE LOC GOV

HB
1419- Ensuring clean up of hazardous waste sites HOUSE ENVIRON.

HB
1423- Small rainwater collection facilities HOUSE AG/NAT RES

HB
1424- Regulating certain rainwater collection facilities HOUSE AG/NR

HB
1453 DOE/Pts of water diversion HOUSE AG

HB
1459 Oil/gas regulatory cost reimbursements HOUSE TECH.

HB
1464 Reducing environmental impact/state facilities HOUSE ENV HEALTH

HJM
4002- NW Straits Marine Conservation Initiative HOUSE PUGET SOUND

 

SB
5003- State Prks/Rec Comm. SEN NAT RES

SB
5025- American Indian scholarships SEN HIGHER ED

SB
5034- Polybrominated diphenyl SEN WATER

SB
5035- Timber purchases SEN WAYS/MEANS

SB
5041- Regulatory assessment fees SEN WAYS/MEANS

SB
5073- Building permit moratoriums SEN WATER

SB
5074- Watershed planning SEN WATER

SB
5076- Increased protection for Agriculture SEN AG

SB
5099- Office of Regulatory Assistance SEN GOV OPS

SB
5108- Farmland preservation office SEN AG

SB
5110- Water Quality Capital Acct SEN WAYS/MEANS

SB
5117- Fish and Wildlife Commission SEN NAT RES

SB
5122 – Preserving regulatory assistance provisions. SEN GOV OPS

SB
5126- Fish and Wildlife Data SEN NAT RES

SB
5127- Rockfish Research SEN NAT RES

SB
5128- Commercial fish harvest SEN NAT RES

SB
5129- Unlawful hunting SEN NAT RES

SB
5130- Hunting Access SEN NAT RES

SB
5131- Fish and Wildlife Department SEN NAT RES

SB
5132- Fish and Wildlife Dept Funding SEN NAT RES

SB
5136 – Transportation appropriations for 2007-2009 SEN TRANSPORT

SB5138
– Supplemental transportation approps SEN TRANSP

SB
5139 – Operating supplement appropriations SEN WAYS/MEANS

SB
5140 – Operating appropriations for 2007-2009 SEN WAYS/MEANS

SB
5141 – Land use regulations/laws of descent SEN GOV OPS

SB
5145 – Requirements for conservation of agr lands SEN AG

SB
5156 – Appropriations for capital improvements SEN WAYS/MNS

SB
5186- Beneficial use of discarded vehicle tires SEN WATER

SB
5194- Joint Task Force on Siting of Essential Public Facilities SEN
GOV OPS

(SB’s
5209, 5259, 5260, 5163, 5043, 5219 + SJR 8204 all State Parks)
SEN NAT RES

SB
5213- Promoting Coordinated Ocean Management Policies SEN NAT RES

SB
5216- Maintaining Washington’s working forest land base SEN
NAT RES

SB
5224- Salmon Recovery Office SEN NAT RES

SB
5231- Water-sewer districts-Revising provisions SEN GOV OPS

SB
5232- Small water systems SEN WAYS/MEANS

SB
5236- Public lands management SEN NAT RES

SB
5257- IAC become Recreation & Conservation Funding Board SEN NAT
RES

SB
5294- Considering environmental effects/Corp. Directors SEN
JUDICIARY

SB
5315- Forest fires/property access SEN NAT RES

SB
5359- Greenhouse gas reporting SEN WATER

SB
5364- Fish and Wildlife Director SEN NAT RES

SB
5372- Puget Sound Partnership SEN WATER

SB
5386- B/O taxation of environmental remediation services SEN
WAYS/MEANS

SB
5393- Ensuring clean up of hazardous waste sites SEN WATER

SB
5416- Encouraging carbon dioxide mitigation SEN WATER/ENV

SB
5420- Req. state agencies post info on websites SEN GOV OPS

SB
5421- Environmental covenants SEN WATER/ENERGY

SB
5444 Notice to property owners/condemnation SEN JUDICIARY

SB
5445 Oil/gas regulatory cost reimbursements SEN WATER

SB
5449 Voluntary environmental management SEN GOV OPS

SB
5461 Improving forest health on state trust lands SEN NAT RES

SB
5473 Changing definition of floodway in shoreling mg act SEN WATER

SB
5474 One year extension for shoreline master program updates SEN
WATER

SB
5475 Underground storage tanks SEN WATER

SGA
9091 Allyson Brooks, Director Dept of Arch/Hist. Preservation SEN GOV
OPS

Z-0348.2- Forest
Health (not yet assigned)

SJM
8000 – Global atmospheric transport of pollution.

 

All
bills can be accessed on the legislative website at
www.leg.wa.gov
or click on the following links:

 

PRIORITY
BILL LINKS, CATEGORIZED

(Please
call Steve Robinson, 360 528-4347 or email srobinson@nwifc.org
with any comments)

WATER QUANTITY AND QUALITY

Polybrominated
diphenyl ethers, phasing out procedures: HB
1024
, SHB
1024
, SB
5034

Aquifer
conservation zones: HB
1135
Environmental
remediation services, business and occupation tax rate: HB
1180
, SB
5386
Comprehensive
plans with counties and cites, consistency: HB
1239

Tax
exemptions for services provided by small water systems: HB
1240
, SB
5232
Water
resource inventory area 14 divided into 14a and 14b: HB
1295
Ballast
water discharge requirements: HB
1299

Puget
Sound Partnership HB
1374
Rainwater
collections, barrels and cisterns: HB
1423
, HB
1424
Water
resource inventory area 29 divided into 29a and 29b: SB
5074

Barley
straw, application to state waters for clarification purposes: SB
5113
Puget
Sound Partnership SB
5372

DOE/DOH AND GENERAL ENVIRONMENTAL

Model
toxics control act, department opinions for portion of facility:
HB
1039
Small
scale mineral prospecting on coastal areas, pilot program to
examine: HB
1083
Greenhouse
gases, rules for emission levels and reduction objectives: HB
1210

Air
quality projects, science education for children regarding energy
generation and clean air: HB
1301
Emergency
preparedness flood control and stream bank restoration pilot
program: HB
1339
Floodway,
definition in shoreline management act: HB
1413

Building
permit moratoriums for cities with unprocessed water right permit
applications, phase out: SB
5073
Water
resource inventory area 29 divided into 29a and 29b: SB
5074
Freight
congestion relief account, fees on processing shipping containers:
SB
5207

Children’s
environmental health and protection advisory board: SB
5279
Annexation
of city territory: HB
1238
, SB
5231

Gas
stations, financial assistance to prevent release of petroleum
products into environment: SB
5328

Growth
management, infrastructure account: HB
1361

WDFW/FISH AND WILDLIFE COMMISSION

Unlawfully
hunting upon the property of another, penalties: HB
1078
, SB
5129

Biological
information, pilot project to contract with independent biologists
for assessment of deer and elk: HB
1250
Membership
and appointment: SB
5117
Inspections
and sampling of fish and wildlife, authority of fish and wildlife
employees: HB
1075
, SB
5131

Director,
appointment: HB
1193
, SB
5364
Emergency
preparedness flood control and stream bank restoration pilot
program: HB
1339
Funding
for programs, redirecting certain moneys: HB
1248
, SB
5132

Inspections
and sampling, department employees authorized to partake in: HB
1075
, SB
5131
Public
lands, habitat and recreation lands coordinating group: SB
5236
Rockfish
research and stock assessment program: HB
1076
, SB
5127

Sensitive
fish and wildlife data, public disclosure exemption: HB
1077
, SB
5126
Small
scale mineral prospecting on coastal areas, pilot program to
examine: HB
1083
Wildlife
account: HB
1229

Wildlife
damage claims, amount available for payment of damage to crops
claims: HB
1146
Wildlife
damage claims, amount available for payment of damage to livestock
claims: HB
1147
Wildlife
rescue coalition, abolished: SB
5124

Education
training, one year deferral: HB
1249

Licenses,
merging fishing and hunting fees for certain veterans and disabled
persons HB
1079
, SB
5125

Licenses,
surcharge/management of recreational access and habitat
enhancement agreements: SB
5130

Off-road
vehicles, county legislative authority authorized to allow hunting
from vehicles: SB
5185

Private
lands, access to certain lands: SB
5130

 

DNR,
PUBLIC LANDS, FORESTRY

Christmas
tree, state: HB
1386
Christmas
trees, licensing for growers: SB
5401

Conversion
of forest land to nonforestry uses: HB
1408
Harvests,
uniform taxation: SJM
8001
Nuisance
laws, protection from : SB
5076

Tax
payments on timber purchases, reporting requirements: HB
1185
, SB
5035
Working
forest land board, grants and loans to protect lands: SB
5216

AGRICULTURE

Animal
health laws, enforcement: HB
1310
, SB
5204
Animal
identification system, state prohibited from establishing or
participating in: HB
1151
Asparagus,
exception to standards for fruits and vegetables: HB
1416
, SB
5397

Conservation
futures levy, farm and agricultural land: SB
5362
Dairies,
purchase of carbon credits from methane-producing entities: SB
5237
Dairies,
tax credit to encourage light and power businesses to purchase
energy credits to reduce methane emissions: SB
5238

Growth
management, conservation of agricultural lands: SB
5145
Growth
management, viability of agricultural lands: HB
1167
, SB
5248
Methane
emissions, purchase of carbon credits from dairies: SB
5237

Methane
emissions, tax credit to encourage light and power businesses to
purchase energy credits from dairies: SB
5238
Nuisance
laws, protection from : SB
5076
Open
space program, agricultural land use for housing: SB
5143

Organic
foods commission act: SB
5160
Wildlife
damage claims, amount available for payment of damage to crops
claims: HB
1146
OIL
AND GAS/ENERGY

Gas
and hazardous liquid pipelines, safety requirements and
definitions revised: HB
1314
, SB
5225
Heating
oil, sales and use tax exemption: HB
1081
Natural
gas, sustainable energy trust fund: HB
1032
Severance
and conservation act, taxation of oil and gas production: SB
5158