Tag: Washington State Legislature

Environment, Equity, legislature, Transit

Transit Advocates Push for Bigger Multimodal Investment from State

by Leo Brine

Transit advocates tolerated the House and Senate’s transportation committees’ underwhelming 2021-23 biennium budget announcement last month believing that legislators were cueing up a more multimodal approach in the pending transportation package. (The previous budget announcement was about funding earlier commitments made by previous legislative sessions.) However, the House Transportation committee unveiled an all-new 16-year transportation package (HB 1564) on Thursday that, once again, provides large sums of funding for highway expansion projects and road and highway maintenance while shortchanging transit.

Troubled by how few dollars the House allocated for multimodal and green initiatives when compared to the highway-related initiatives, advocates are now hoping for big changes before Democrats move the package to Governor Inslee’s desk.

The new transportation package, dubbed “Miles Ahead Washington,” allocates a total of $22.3 billion to funding transportation initiatives. Seventy percent of the funds ($15.7 billion) go to “highway-related initiatives,” including $6.1 billion for highway expansion projects and $4.6 billion for maintenance and repairs over the next 16 years. Meanwhile, the House allocates about 25 percent of the package, $5.5 billion, to multimodal projects, including investments in multimodal transport, bicycle and pedestrian improvements, safe routes to schools, and rural mobility transit grants.

Mobility rights activists say the new proposal is too similar to past transportation packages, with similar funding shortfalls. “We can’t support it because there’s not enough investment in transit service and in sidewalks and other kinds of pedestrian access,” Anna Zivarts, director of the Disability Mobility Initiative Program at Disability Rights Washington (DRW) said. “It makes it hard to get excited about something that we see as just so far from the unmet needs.”

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Density, Development, housing, Maybe Metropolis, Sightline, Urbanism, zoning

Maybe Metropolis: Outdated Environmentalism Stalls Pro-Housing Legislation in Olympia

Despite his old-school, anti-development environmentalism, Accessory Dwelling Units fit right into Rep. Pollet’s North Seattle district. He should stop stalling them in cities statewide.

By Josh Feit

Back in 2017, the environmental group Futurewise had an “OK Boomer” moment when it came to light that two of their board members, Jeffrey Eustis and Dave Bricklin, were independently suing the city of Seattle to stop two affordable housing initiatives: The city wanted to increase the production of accessory dwelling units (also known as granny flats) and upzone a small portion of Seattle’s exclusive single-family zones to accommodate more density.

The old-school, anti-development environmentalists (Eustis against ADUs and Bricklin against zoning increases) didn’t grok that Futurewise’s up-to-date vision of environmentalism now prioritized urban density as a component of equity and sustainability. After years of process monkeywrenching, Eustis, representing the Queen Anne Community Council, and Bricklin, representing the Wallingford Community Council, failed to stop Seattle’s zoning changes. In an appropriate denouement that signaled its shift forward, Futurewise replaced the anti-development pair (who were both founding board members) with new faces, including Angela Compton, the young woman who actually led the grassroots campaign to pass the city’s upzone agenda. Ouch.

Futurewise, currently advocating for a slate of pro-density bills in the state legislature, may be experiencing yet another “OK Boomer” moment, as longtime North Seattle State Rep. Gerry Pollet (D-46, Seattle) has already tabled a Futurewise-backed bill that would have encouraged more ADUs in cities statewide.

Clinging to outdated anti-development tropes, Pollet (who got some naive positive press last week for denouncing a boneheaded Building Industry Association of Washington propaganda video) has been the number-one opponent of the inclusive, pro-housing agenda in Olympia over the last several legislative sessions.

For three years straight, Pollet, the chair of the pivotal House Local Government Committee, has sabotaged a series of pro-housing bills that would have reformed ADU laws in urban areas by prohibiting owner occupancy requirements, eliminating parking mandates, loosening minimum lot size and square footage requirements, and getting rid of street improvement mandates. The urban planning nerds at Sightline get into the weeds of the latest ADU bills here.

By the way, I understand that cities need to do something more dramatic than add ADUs to housing stock if they want to successfully address the affordable housing crisis, but it’s a necessary first step to dismantling exclusionary zoning rules.

And the numbers in Seattle, Tacoma, California, and Oregon show that reforms like these  do increase ADU production. For example, after Seattle adopted new rules in 2019 to allow two ADUs per lot and eliminate parking and owner occupancy mandates, the numbers soared. In fact, ADU production grew 69 percent in Seattle in 2020 compared to 2018. The fact that this swift growth represents an increase from 227 new ADUs to 566 just illustrates the need for more far-reaching pro-density policies.

A quick history lesson: In 2019, Pollet watered down a pro-ADU bill proposed by Rep. Mia Gregerson (D-33, Kent) and supported by Reps. Noel Frame (D-36, Seattle), Nicole Macri (D-43, Seattle), and Joe Fitzgibbon (D-34, Seattle, Vashon Island)—to the point that the policy architects behind the bill, Sightline, pulled their support. After that, the legislation died.

In 2020, after Gregerson passed another sweeping pro-ADU bill through Fitzgibbon’s Environment and Energy Committee, Pollet voted against it in the Appropriations Committee (even though it was watered down), and it eventually died in the Rules committee.

The legislature did pass another pro-ADU bill that year. However, it was dramatically watered down; the original bill would have gotten rid of owner occupancy requirements, allowed two ADUs per lot, and eliminated parking requirements for ADUs within a half mile of transit. The final bill got rid of the first two reforms and sliced down the new parking rule to a quarter mile.

This year, Pollet’s committee tabled yet another best-practices ADU bill that was proposed by Gregerson and supported by Seattle progressives like Macri and Kirsten Harris-Talley (D-37, Seattle). And then, last week,  Pollet and his committee gutted SB 5235, an additional pro-housing bill, this one sponsored by Sen. Marko Liias (D-21, Mukilteo); Liias passed the legislation out of the senate 46-3 with support from Seattle progressives such as Rebecca Saldaña (D-37, Seattle) and Joe Nguyen (D-34, Seattle).

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Democratic Party, legislature, State of Washington, Taxes

Democrats Include Capital Gains Tax In Budget Proposals

by Leo Brine

Senate and House Democrats unveiled their operating budget proposals for the 2021-23 biennium late last week. Both budgets included the capital gains tax (SB 5096), signaling that Democrats expect the House to pass the dramatic bill and Gov. Inslee to sign it.

Senators passed the capital gains tax on March 6. The House Finance committee has held a public hearing for the bill, but has yet to pass it out of committee and send it to the House floor. The lead budget writer, Senator Christine Rolfes (D-23, Bainbridge Island), said Democrats included the tax in the budget because the bill had, for the first time, passed the Senate, and “it’s the Senate’s practice to book [earmark] revenue that we passed.”

Representative Noel Frame (D-36, Seattle) said she’s confident the House will pass the bill which she said is why it is included in the House’s proposal. “We booked it in the budget in years past,” Rep. Frame said, “we built it into the budget this year and we are confident it will continue to move.”

Legislators in the House and Senate expect the 7 percent tax on capital gains of more than $250,000, which takes effect in July 2022, to generate more than $350 million a year beginning in 2023. Rolfes said the revenue generated from the tax in the senate’s proposal would eventually help fund the Taxpayer Fairness account, which provides funding for the working families tax exemption for low-income Washingtonians (HB 1297).

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Environment, Equity, legislature, Transit, Transportation

State Transportation Budgets Reflect Bygone Era

 

by Leo Brine

The House and Senate Transportation committees unveiled their transportation budgets (HB 1135, SB 5165) for the 2021-23 biennium Tuesday. Or, more accurately, they unveiled the state’s incorrigible commitment to highway and road expansion. Climate and transit activists hope this is the last budget of a bygone era. While they are unsurprised that the two budgets continue prioritizing road expansions, advocates say the transportation revenue packages expected next week must move away from putting more cement on the ground and move the state’s transportation infrastructure toward sustainability, equity, and climate action.

Tuesday’s Senate and House transportation budgets will each follow the typical process: committee votes, floor votes, and then switching houses. Legislators from both houses will then decide which bill moves forward and will hammer out details in a conference committee.

The Senate’s proposed transportation budget allocates $11.7 billion for various transportation projects and the House allocates $10.7 billion. Both direct money to projects—mostly highway expansions—that were a part of 2015’s transportation package, Connecting Washington.

Funding allocated to construction projects dwarfs funding for expansion of public transit access and green initiatives. For example, the House proposal allocates $453 million to widen I-405 between Renton and Bellevue and more than half a billion to the Puget Sound Gateway project, a massive highway expansion and extension megaproject in Pierce County.

The Senate bill would cut $260 million from the multimodal transportation account to fund Connect Washington and ferry maintenance. The House’s cut to the multimodal account is not as dramatic as the Senate’s—just $50 million, to fund ferry maintenance.

“I think the bigger story is that this budget represents big decisions made in the past. As the legislature continues debating the next transportation package, we need to make sure that it’s oriented toward a sustainable and equitable future.”—Kelsey Mesher, advocacy director, Transportation Choices Coalition

“I think the bigger story is that this budget represents big decisions made in the past,” said Kelsey Mesher, advocacy director at the Transportation Choices Coalition. “As the legislature continues debating the next transportation package, we need to make sure that it’s oriented toward a sustainable and equitable future. And that will look really different, and that will focus on transit, access to transit, maintaining the system we already have, and mitigating harm.”

During the public hearing on the Senate transportation budget, Senate Transportation Chair Steve Hobbs (D-44, Issaquah) groused: “It wasn’t easy last year. Last year sucked, too. This year double sucked.” Hobbs said the priorities of the Transportation committee are “keeping the lights on” by maintaining roads and bridges, keeping ferries and buses operating and finishing Connecting Washington projects.

The transportation budgets are supported by the state’s gas tax, as well as state bonds and, this year, aid from federal pandemic relief funds, the American Rescue Plan Act. Washington’s gas consumption dropped during the pandemic and with it went a good chunk of revenue for the transportation budget. State projections show revenue for the 2019-21 biennium declining by $669 million, roughly 10 percent, and another $454 million in the 2021-23 biennium, about 6.5 percent. Over the next 10 years, transportation revenue is expected to decline by $1.9 billion. The state estimates it will be 10 years before gas consumption rates are back to their pre-pandemic levels.

Anna Zivarts, the director of disability and mobility initiatives at Disability Rights Washington, said the gas tax that props up the transportation budget is regressive. “We all know that the gas tax is at some point going to be an obsolete revenue stream,” she said. “The folks who can afford electric vehicles and not [have to] pay the gas tax are wealthier. And with the cost of living in a lot of communities being high, the people who have to commute further are lower-income” and are spending more on gas, thus contributing more to the system. Zivarts said while the tax is regressive, the state should use gas tax revenues to make the state’s transit infrastructure more equitable and environmentally sustainable.

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Environment, Equity, legislature, State of Washington, Taxes, Tech

Democrats in Olympia Pursue Sweeping Agenda to Reverse Regressive Tax Structure
On the docket this year: A carbon tax, plus a wealth tax, changes to the estate tax, and a sweetened beverage tax.

by Leo Brine

Progressive legislators have been unleashing a slew of tax legislation this session, with bills like the capital gains tax (SB 5096) and the working families tax exemption (HB 1297) grabbing headlines after historic floor votes on both earlier month.

And they have more cued up. Legislators typically pass tax and revenue bills late in the session as a means of funding the budget, but this year Democrats have a much bigger agenda: They want to pass tax legislation that reforms how the budget is actually funded. They plan to create new taxes on carbon-dioxide emissions, extreme wealth, data collection, and more this year.

Ingeniously flipping the script on Republicans who say that sudden rosy revenue forecasts prove our tax system doesn’t need reform, progressives say the latest revenue forecast actually highlights the volatility of Washington’s current tax structure. In June, the state forecast a nearly $9 billion revenue shortfall. However, a sequence of higher forecasts based on an uptick in retail sales tax revenue between September and March nearly re-balanced the budget.

Ingeniously flipping the script on Republicans who say sudden rosy revenue forecasts prove our tax system doesn’t need reform, progressives say the budget turnaround is being funded on the backs of low-income residents who pay a disproportionate amount of their incomes in regressive sales taxes.

Seizing on the volatility argument, and noting that the turnaround is being funded largely on the backs of low-income residents who pay a disproportionate amount of their incomes in regressive sales taxes, Democrats are pushing a sweeping tax reform agenda.

At the March 17 revenue forecast meeting, House Appropriations Committee chair Rep. Timm Ormsby (D-3, Spokane) said the revenue increase was not a reason to change course on new progressive tax legislation. “I think we have to be quite concerned about ongoing stability of our revenue system. I think that today’s forecast and other economic news will affect our discussion, but I don’t see a wholesale change in discussion [around tax legislation] in the legislature,” he said.

Wealth Tax

One of the most daring pieces of progressive legislation is the wealth tax bill (HB 1406). Sponsored by House Finance Committee chair Rep. Noel Frame (D-36, Seattle), the bill proposes a 1 percent tax on worldwide “intangible financial assets of more than $1 billion.” Intangible assets include cash, stocks, bonds, pension funds and ownership in revenue-generating partnerships such as businesses. (In contrast, tangible and intangible personal property includes things like as homes, farm equipment and federal and state bonds.) The bill is currently in the house finance committee, where it is awaiting an executive session.

The Department of Revenue estimates the tax will generate an additional $2.5 billion in annual revenue for the state.

Rep. Frame surmises Bezos is already claiming residency in a different state.

One of the main critiques of the bill, along with other bills aimed at taxing the rich, is that people like Jeff Bezos or Bill Gates  could just leave the state and live elsewhere. Rep. Frame said she is not worried about this. Frame told GeekWire in February that based on the DOR revenue predictions, she believes Bezos is already claiming residency in a different state. As for Gates, whose father campaigned for an income tax a decade ago, Frame believes he is too invested in his home state to leave.

Carbon Tax

The legislature is working on several environmental bills this session, including two bills aimed at curbing carbon emissions and greenhouse gases. The Senate Ways and Means committee currently has SB 5126 scheduled for executive committee hearings, while SB 5373 remains in the Environment, Energy & Technology committee waiting for an executive session.

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Equity, legislature, Uncategorized

Taking on Insurance Companies, Lawmakers Seek Racial Equity Reforms

by Shauna Sowersby

Washington State lawmakers are considering a proposal to eliminate the use of credit history to increase insurance rates or to determine premiums when renewing personal insurance. 

SB 5010 is just one of the measures being considered as part of Gov. Jay Inslee’s “package of proposals that address systemic racism.” The bill seeks reforms to insurance policies such as auto coverage, homeowners insurance, and earthquake insurance.

Sen. Mona Das (D-47, Kent) is the prime sponsor of the bill. Last month, she testified to the Senate Committee on Business, Financial Services & Trade that low-income households, specifically in communities of color, are most likely to be negatively affected by credit scores. 

Additionally, the bill would help the people who have lost their jobs or had their businesses affected by the COVID-19 pandemic, Das explained. 

“Many of these folks will see credit scores go down as they struggle to pay their bills and manage their credit,” she told the committee. “To penalize folks with increased rates or restricted access to coverage just because their credit history suffered during this challenging time is inequitable, it’s unfair and really makes no sense.”

Studies from the Federal Trade Commission and the Consumer Federation of America, among others, have shown that people who live in communities of color and those living in low-income households are far more likely to pay higher insurance premiums, even if they have clean records. 

In addition, the CFA study showed that everything else being equal, “safe drivers with poor credit pay 79%, or $370, more on average than a driver with excellent credit,” statewide. 

“Black, brown and also poor white Washingtonians occupy the bottom rung of our economic hierarchy,” said former Seattle City Council candidate Shaun Scott, who testified on behalf of the Poverty Action Network. 

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Cops, labor, Police, State of Washington

Two Bills on Cop Discipline Illustrate Limits of Labor Support for Police Reform
Sen. Joe Nguyen (D-34) presents before the Washington State Senate’s Labor, Commerce and Tribal Affairs Committee on Thursday

By Paul Kiefer

Labor leaders, police accountability activists and elected officials from across the state, including Seattle Mayor Jenny Durkan and Seattle City Councilmember Lisa Herbold, testified Thursday in Olympia about two state senate bills intended to restructure or streamline the disciplinary process for police. The testimonies from the labor leadership revealed the sharp divide between Seattle’s labor movement, which distanced itself from police unions in June, and the statewide labor movement, which continues to defend police union membership—in their words, both out of solidarity and for self-preservation.

The first bill, sponsored by Senator Joe Nguyen (D-34) and a dozen of his colleagues, would streamline the arbitration process that police union members use to challenge disciplinary rulings by empowering the state’s Public Employee Relations Commission (PERC) to choose the attorneys who decide the outcomes of appeals. Under the current statewide system, both employers and police unions have to agree on an arbitrator from a pool of private attorneys; that system is rife with delays.

The bill would also prohibit police union collective bargaining agreements from including conditions that violate or nullify state or local laws; that clause would prevent a repeat of the 2018 contract between Seattle and the Seattle Police Officers’ Guild (SPOG) that nullified key elements of the sweeping police accountability ordinance the city council passed in 2017.

The second bill, sponsored by Senator Jesse Salomon (D-32) and five of his colleagues, would eliminate the arbitration process altogether and require officers to appeal disciplinary decisions to quasi-judicial bodies called civil service commissions, whose members are mostly appointed by mayors and city councils. Seattle already has its own Public Safety Civil Service Commission, but officers only appeal disciplinary decisions to that commission if their union has declined to support their appeal, which is rare.

The bill would also require departments to automatically fire any officers found guilty of a set of extreme offenses—including excessive force, hiding or falsifying evidence, and engaging in sexual contact with anyone in custody. And it would prohibit police union contracts from restricting accountability and oversight by, among other means, limiting the subpoena authority of civilian oversight bodies and allowing the sealing or destruction of officers’ misconduct records.

At their core, both Nguyen and Salomon’s bills would make law enforcement bargaining rules more distinct from the rules that govern any other employees. But to most of the labor representatives who testified at the hearing, the two bills are night and day. While Nguyen’s would limit the input of both unions and management in the arbitration process, Salomon’s would specifically limit the powers of police unions and the disciplinary appeal options for law enforcement officers.

Statewide labor leaders, including representatives from the Washington State Labor Council, argued Thursday that police accountability reforms that restrict the powers of police unions could have dire consequences for the power of organized labor in the state as a whole, threatening the due process and collective bargaining rights of all workers. Shaunie Wheeler James, the political director for Teamsters Joint Council 28 (and a member of the Port of Seattle’s Commission on Port Policing and Civil Rights), called the bill a “stalking horse for those with an agenda to undermine all workers.”

Several labor leaders dismissed the notion that the collective bargaining process and arbitration stood in the way of meaningful police reforms. State labor council president Larry Brown, for example, argued that the real barrier to reform is police management, who oversee training, hiring, and data collection about misconduct and use of force, rather than rank and file officers.

“Nothing in this bill addresses the police leadership—the chiefs, the sheriffs, and the training programs—that have allowed these culture problems to persist,” he said.

Only one labor representative testified in favor of Salomon’s bill: David Parsons, the president of UAW 4121—a union representing graduate, doctoral and postdoctoral student employees at the University of Washington.

Seattle-area labor leadership joined forces with police accountability advocates last summer, mostly notably in June, when the Martin Luther King County Labor Council expelled SPOG from their organization. That local shift was visible on Thursday, when representatives from the ACLU of Washington and Black Lives Matter Seattle-King County joined Parsons in supporting the bill, as did prominent police accountability expert and retired municipal court judge Anne Levinson and Fred Thomas, the father of a man killed by police officers in Fife in 2013 who is now a leader in police accountability lobbying group Next Steps Washington.

In contrast, both law enforcement and non-law enforcement labor lobbyists seemed cautiously optimistic about Nguyen’s bill. Joseph Kendo, the government affairs director for the WSLC, only balked at the proposal to limit the pool of arbitrators to nine members, which he said was too few to meet the statewide need. Washington State Fraternal Order of Police president Marco Monteblanco said the bill would provide officers a more consistent, unbiased arbitration process.