Download Priority Bills

CONFERENCE CALLS, THE HOT SHEET AND LEG-COM NEWS/VETOES

The final weekly legislative conference call for tribes was held Friday, April 6. These calls, held weekly all through session (in concert with the Department of Ecology) were intended to provide a regular opportunity to be briefed on current natural resource/environmental issues in the legislature, and provide additional opportunity to discuss those issues. The calls were not very well attended, but those who did participate emphasized their usefulness. Your continued comments on this will be welcomed. Leg-Com News and the Priority Bills List will continue to be published weekly during session, and as needed during the interim, as will individual calls, emails, etc. The final Hot Sheets, intended to provide an overview of priority hearings in the legislature, will be published in Leg-Com News as needed. As session ends, a final regular edition of the newsletter will be published to evaluate the up’s and down’s of this year’s Legislature. Also, the annual “veto letter” will be written, intended to provide Governor Gregoire tribal perspectives on bills that make it to her desk. As a matter of course, she has 30 days from the time of receipt to either sign, veto or partially veto these bills. With partial vetoes, she has the authority to veto down to subsections in policy bills or to line items in the budget. Tribes are encouraged to continue providing input on any or all legislation, and to communicate with NWIFC as appropriate to maintain unity of message.

DEADLINES/POSSIBLE EARLY ADJOURNMENT?

The Legislative Calendar set this Friday, April 13, as the final day for the Senate and the House of Representatives to consider each other’s bills and Saturday, April 22 (Earth Day) as the final day of the 2007 Session. However, the “talk on the hill” in Olympia continues to indicate a strong possibility that this session will be wrapped up early, possibly as early as this week. It may be none too soon, either, as there are signs of frayed nerves on the part of some of the lawmakers, e.g., legislators were given this past week end off to try to cool down for the final stretch after a harsh shouting match erupted on the House floor between Rep. Dan Roach, R-Bonney Lake, and Rep. Lynn Kessler, D-Hoquiam, the Majority Leader. Apologies have been made and accepted.

NEXT SESSION/THE INTERIM

Following Sine Die (adjournment) of the 2007 State Legislative Session, some legislative committees will meet, on occasion, during the interim, and they will again come to Olympia for a preparatory week in December, but the next regular session will not occur until January, 2008. However, the interim is not a time to forget about legislators. It is advisable for NWIFC and tribes to maintain and enhance communications with legislators—particularly those from your district—on a regular basis. This is the time when programs, funding and concepts for future legislation is truly developed. It’s a great time for education and backgrounding efforts and a time to improve relationships. It is also advisable, whenever possible, to pursue such objectives in a united way, so the overall tribal position can be strengthened.

SOME BILLS STILL ALIVE/SOME “KILLED”

HB 1727 —Growth Management Planning (Urban Villages)

It is important to remember that bills before the Legislature are never necessarily “dead.” Bills that fail to make deadlines can be resurrected (through exemptions, amendments, etc.) The Rural Villages legislation is an example. The previously “killed” bill that concerned numerous tribes earlier in session, which would move toward the establishment of satellite communities, has been engrossed into House Bill 1727, the “Growth Management Planning” bill, which is alive on the Senate floor. Simultaneously, the Realtors Association has been running television ads encouraging viewers to contact their legislators to support 1727 (and painting themselves as environmentally conscious). The Cascade Land Conservancy worked with Realtors in this process and, with realtors and developers, has been a primary promoter of the legislation. In fact, the number of Rural Village pilots was expanded from 200 to 350, in committee, in the process. Tribes participating in discussions on this issue earlier in session objected to the process used to develop the initial bill, which omitted them. There was concurrence with supporting a study in the interim, which would involve tribal participants and which would look at the broader issue of urban sprawl rather than focus exclusively on Rural Villages. Although the legislation being considered on the Senate floor goes well beyond that, CLC has indicated an interest in building an alliance with tribes over the long term.

SB5733 —HPA Permits and Prevention of Flood Damage

This bill, which tribes have consistently opposed, failed to make deadline and was left behind in the House Agriculture and Natural Resources Committee. It was intended to force the Department of Fish and Wildlife to issue hydraulic permits, at the direction of counties that determine there has been chronic damage (2 years) to property by flooding. Such permits were to be exempt from SEPA and the agency was to consider private property on an equal basis with fish. Several of these concerns were alleviated by amendments, but the emphasis on county authorities remained.

HB 2220 —Shellfish Aquaculture

This bill is an example of how complex the legislative process can be. Tribes determined to work with shellfish growers to get a reasonable alternative to an unfavorable bill early in session, and that alliance has held strong since. The bill is currently in Senate Rules and the unfavorable bill, which was largely intended to appease a handful of “nimbies”, was left behind. The bill made it through the House and is now in Senate Rules, with a lot of new appendages. As it now stands, the first preference (tribal and growers) is the House version of HB 2220, and the funding to implement it. The second preference is to “kill” the Senate version of HB 2220, but fund the activities found in the bill through the budget. The outcome to avoid is having the Senate version of HB 2220 enacted, with or without funding. Should the Senate pass its own version, it is hoped that the House not concur and instead ask the Senate to yield its amendments. If the Senate doesn’t yield, we have an impasse, and house-to-house negotiations would have to start again.

SB 5372—The Puget Sound Partnership

This bill is now in House Rules, and there is general concurrence on its content. Those who were hoping the new agency would have more “teeth” are now resting their hopes in the administration process. For now, the Governor has hired former DOE Director Linda Hoffman to assist in the recruitment for the Leadership Council and the executive Director for the new Partnership Agency. The Governor would like to appoint the Leadership Council chair and perhaps 1 or 2 other members, almost immediately after the Bill has passed. Those members would then provide input to Hoffman and the Governor about filling other positions. The Governor would like to have the Council appointments complete by May 31. Concurrently, the Governor’s office will conduct a broad solicitation for the Executive Director’s position. In June, the Leadership Council will provide input to Linda to narrow the list of candidates and provide recommendations to the Governor.

SB 5923—Aquatic Invasive Species (Ballast Water)

This bill is another example of one that some people thought was “dead” but which was brought back to life by coordinated efforts, spurred on by WDFW employee (former NWIFC employee) Allen Pleus. Throughout the session, tribes supported legislation to strengthen and fund efforts to fight the encroachment of invasive species and the dumping of untreated ballast water. The ballast water bill failed to make deadline, but was engrossed into the aquatic species bill. The engrossed bill has now been passed unanimously by the House and is on its way to the Senate for concurrence. The Aquatic Invasive Species committee has hoped to see some amendments to strip EIS requirements from the bill. But it’s alive.

OIL SPILL PREVENTION AND RESPONSE

A deal has been struck between the two houses and the Governor regarding oil spill funding. Even though the Oil Spill Advisory Committee and the Ocean Policy Work Group recommended that the state step up to provide its share of funding for a year around tug at Neah Bay, the heads of the two houses and the Governor determined not to take a (barrel) “tax vote” this year. The Governor, who has focused heavily on federal funding for this purpose. She’s convinced that Senator Cantwell’s S 2440, which would fund the construction of an enhanced tug, will fly and thus she was inclined to only provide piecemeal funding for the next few years. A part time tug will be funded for 2008 and a full time tug for 2009 through the supplemental budget. If the federal government has not taken action by that time, other funding sources will be discussed. The OSAC will be funded at the existing level for the biennium (+ $200,000 for studies), even though the Governor had leaned toward sunsetting it earlier this session. Shortfalls in funds for oil spill work at DOE may be a problem. There will be a JLARC review of that in the interim. Tribal testimony has emphasized the critical nature of the oil spill danger and pushed for state support of Cantwell’s bill.

HOT SHEET

Priority Hearings/Work Sessions of The State Legislature

For The Week of April 9, 2007

Notes: Most action this week will be on the House and Senate floors, caucuses, etc. In addition to the work sessions listed below, a number of committees will conduct interim planning work sessions. For more information, please contact Steve Robinson at (360) 528-4347 or srobinson@nwifc.org. or consult the Legislative Website at www.leg.wa.gov. This is the final regular weekly Hot Sheet for the 2007 Session.

Agriculture & Natural Resources
04/11/07 8:00 am

House Full Committee
House Hearing Rm B
John L. O’Brien Building
Olympia, WA

Work Session:

1. 25 x ’25 Agriculture and Forestry Renewable Energy Initiative.

2. Purse Seine Salmon Fisheries and the North of Falcon Process.

Select Committee on Environmental Health
04/10/07 8:00 am

House Full Committee
House Hearing Rm E
John L. O’Brien Building
Olympia, WA

Work Session: Environmental Health Issues: solid waste technologies, handling, and future vision.

Select Committee on Puget Sound
04/13/07 8:30 am

House Full Committee
House Hearing Rm E
John L. O’Brien Building
Olympia, WA

Work Session: Hood Canal: Environmental update.

Download Hotsheet

DEADLINES ZIPPING BY, ALMOST TIME FOR SINE DIE
Today is the last day for fiscal committees to hear bills from the opposite houses in the State Legislature. So after today, all the action is in caucus and on the floors. The few committee meetings there are will focus on plans for the interim, or on work sessions keyed to certain issues (However, please note on updated Hot Sheet, that there have been some cancellations). Each house will have until April 13 for final action on bills (except initiatives, budget bills, differences between the houses and matters incident to the interim and closing of session). April 22 is the last scheduled day of the session. But there is a lot of hope on the hill that the work can be completed early, enabling an early adjournment, or as the legislature refers to it, Sine Die.

Key above all else for legislators at this juncture is reconciling the House, Senate and Governor’s budgets into one with which most of the state’s lawmakers can concur. There are many differences to settle, and it is difficult to say if these issues will be wrapped up quickly, or if it will turn into a partisan battle. With the democrats in charge, however, early adjournment is a good possibility. To access the budgets, click on http://leap.leg.wa.gov/leap/budget/detail/proposals.asp. Other links include: SHB 1092 – Making appropriations and authorizing expenditures for capital improvements; SHB 1128 – Making operating appropriations for 2007-2009; SHB 1929 – Authorizing utilities to engage in environmental mitigation efforts.

PUGET SOUND PARTNERSHIP, POLICY BILL:PASSES APPROPRIATIONS (SB 5372)
SB 5372, the Senate version of the Puget Sound Partnership policy bill, was passed by the House of Representatives’ Appropriations Committee late last week, moving forth a bill that had undergone substantial changes in both houses. The likely scenario now is that it will go through House Rules and onto the House floor. If all goes well there, any necessary reconciling (receding) will be done between the houses and the bill will be sent to the Governor for signing. The budget appropriated to the new agency is now key and is represented in the budgets. It appears that the Senate version of the Capital Budget possibly has $20 million more than the House version. Full analyses of this will be completed soon. It also appears that the ask for $6 million from the Operating Budget for watershed/tribal funding was zeroed out in both the House and Senate. Terry Wright, who has worked extensively on the policy bill this session, has reported to tribes that he believes tribes got most of what was being sought in SB 5372. He added, however, that one issue that remains in the policy bill is the concept of regional action areas. These are no longer new organizations but rather an individual that is designated by each region, to help incorporate local information into the plan (Sec 8 pages 8 through 10). Terry says that this provision in the bill appears to be written loosely enough that it should be workable. He has distributed a copy of the latest bill, along with an outline of its key components, to the tribes. Any tribe with any ongoing concerns about this or any other element of the bill should contact Terry at (360) 528-4336 or twright@nwifc.org.

THE RETURN OF THE RURAL VILLAGE
HB 1727, the Growth Management Planning bill, now in Senate Rules, has been engrossed to resurrect rural villages in the State legislature. Following is a link the striker language: http://www.leg.wa.gov/pub/billinfo/2007-08/Pdf/Amendments/Senate/1727-S.E%20AMS%20GO%20S3188.2.pdf
NWIFC had been informed that the Cascade Land Conservancy worked with realtors and have hung their Rural Villages language onto this existing house bill that is now in Senate Rules. Among other things, the bill expands rural village pilots to 350 (from a previous maximum of 200). Tribes/NWIFC had indicated earlier in session that the farthest we could go with RV’s this session would be a study bill that focuses on a variety of possible approaches to the management of urban sprawl. Tribes have responded to this issue with a resounding NO to this engrossed legislation.

BALLAST WATER BILLS ENGROSSED INTO SB 5923, BILL FAILS DEADLINE, BUT…
The ballast water bills, which have been supported by tribes, but failed to meet deadline due to heavy lobbying by cruise and other elements of the shipping industry, have been merged into SB 5923, the “Aquatic Invasive Species Bill.” Unfortunately, that bill failed to make deadlines also, but there are indications the bill could be exempted from deadline. Tribes able to weigh in on this legislation are encouraged to contact the following legislators. Some key points are provided below.

Rep. Lynn Kessler: 360 786-7904 kessler.lynn@leg.wa.gov
Rep. Kelli Linville: 360 786- 7854 linville.kelli@leg.wa.gov
Rep. Sam Hunt: 360 786-7992 hunt.sam@leg.wa.gov
Rep. Hans Dunshee 360 786-7804 dunshee.hans@leg.wa.gov
Rep. Dave Upthegrove 360 786-7868 upthegrove.dave@leg.wa.gov

Some Key Points Regarding SB 5923:
• This is the priority policy bill for WDFW Enforcement, WDFW aquatic Nuisance Species Unit, and the Ballast Water Work Group.
• It has no negative fiscal impact.
• The aquatic invasive species Enforcement portion of bill (Sec. 1-8) is critical for enhanced prevention of new, and spread of existing invasive species such as zebra/quagga mussels and milfoil. It addresses the primary pathway of introduction and spread – “hitchhiking” on watercraft being transported to and within the state.
• The ballast water portion of bill (Sec. 9-18) necessary to implement consensus recommendation of legislatively created Ballast Water Work Group. The group membership is composed of PSAT, WDFW, shipping industry, oil tanker industry, ports, and environmental stakeholders. This legislation represents 4 years of negotiating and is critical to enhanced capability to prevent invasive species introductions from ballast water.

OIL SPILL BILL SPREADS OUT
HB1488, the “Oil Spill Program” was moved along by the Senate Ways and Means Committee today. This is a stripped down version of the bill which calls for a year round tug at Neah Bay, but has no revenue. The bill is designed to become a vehicle for a compromise that the legislature is working on with the Governor and the state and Makah Tribe is working on with Senator Maria Cantwell. NWIFC and the Makah Tribe testified in favor of this bill—as a step toward federal support for construction of an “enhanced tug” over the next few years. An enhanced tug, similar to the one now based at Prince William Sound in Alaska, would be a newly built vessel capable of responding to any size ship in any kind of weather. It would also likely be used for rescue missions, etc.

INDUSTRY MAKES BIG PUSH AGAINST PBDE BILL (ESHB 1024)
Although the bromine chemical industry stepped up its campaign against the PBDE bill, intended to phase out toxic flame retardants, the bill has moved onto the Senate floor and appears to have “legs.” Tribal testimony supported the PBDE legislation, based on the fact that PBDE’s have become very prevalent in the environment.

For those interested, the Legislative Hotsheet for the week of March 19 is attached, providing a brief overview of the priority hearings in the State Legislative Session. This week’s Leg-Com News and Priority Bills List will follow as they are completed. Don’t forget the 3 p.m. weekly Legislative Conference Call today. (Dial 1 206 553-1454). Also, please be sure to RSVP for the Tribal/Legislative Lunch (The ABC’s of Indian Water Law) to be held noon-1:30 p.m. Wednesday, March 21, on the State Capitol Campus. You can RSVP and/or request directions from Bonita Cleveland at 360 438-1180 or Bcleveland@nwifc.org. All comments welcome.

BILL REQ. #: H-2983.3/07 3rd draft

Tribes: Here’s your “Leg-Com News” for this week. Please note that it includes the Legislative Hot Sheet and the Priority Bills List for this week as well. Also attached, incidentally, is a brand new oil-related bill coming out of the Governor’s Office—legislative deadlines can be exempted. (March 14 is the deadline for bills to be out of their originating house). This particular bill would strengthen the state’s oil spill prevention and response program, by following the legislative recommendations of the Ocean Policy Work Group. All comments welcome.

Leg-Com News

CONFERENCE CALLS
Be sure to call in at 3 p.m. on Fridays to participate in the weekly legislative conference calls. Dial 1-206-553-1454.

TRIBAL/LEGISLATIVE LUNCH
This year’s Tribal/Legislative Lunch, intended to help enhance understanding between the legislature and tribal governments, will be held from noon to 1:30 p.m. on Wednesday, March 21 (the first day of spring). This year the topic is “The ABC’s of Tribal Water Law.” Emcees will be Reps. John McCoy, D-Tulalip and Sam Hunt, D-Olympia (the chair of the House State Government and Tribal Affairs Committee) and speakers will include Tulalip Tribes’ Terry Williams, NWIFC’s John Hollowed and Professor Robert Anderson of the University of Washington. There will be a Q and A period and lunch will be provided. The location this year is the Washington Room, in the lower level of the Joel Pritchard Building on the State Capitol Campus. For directions, and to RSVP, please contact Bonita Cleveland at (360) 438-1180 or Bcleveland@nwifc.org.

HALF WAY
The 2007 State Legislative Session has passed the half way mark, and most bills still remaining are shaping up, leaving just a handful we recommend you oppose. Here they are:

SB 5519/HB 1453, The Points of Water Diversion (“Bath Tub”) bills.
This bill would enable water permit holders to change from one out-take source to another without requiring a new permit. This would result in more water take, even if the new out-take is from the same “pool” or “tub” of water.

SB 5733/HB 1748, The HPA Permits and Prevention of Flood Damage bills.
This bill has improved in substitute. It no longer calls for WDFW to consider out-of-stream properties, etc., equally with fish when issuing HPA permits, it no longer calls for SEPA exemption, etc., but it does still tell counties they must instruct WDFW to issue an HPA permit in the case of “chronic” (2 years) flood damage to a given property.

SB 5567, The Salmon and Watershed Planning Integration Group bill.
This bill sticks its nose in where watersheds should decide.

SB 5129, The Unlawfully Hunting Upon The Property of Another bill.
This bill is intended to help property owners keep hunters off their property if they so choose. The one amendment we have requested, which has not been heeded, is to clarify that the state law does not apply to treaty hunters.

SB 5248, The Growth Management/Viability of Agricultural Lands bill.
This bill would exempt agricultural lands from CAO’s and other important land management regulation. The better alternative would be to defer to the Ruckelshaus Policy Consensus Center, which is studying the issue.

Concerns do still remain with a number of the other priority bills still alive this session, such as SB 6117, the Reclaimed Water bill. The amended version of that bill appears to answer most of our concerns in western Washington, but the bill remains problematical for the Columbia River tribes. With most of the bills still alive (see the Priority Bills List), there will be additional opportunities to testify in opposite houses.

HALFWAY MARK

We have reached the halfway point of session and there are two significant deadlines that will impact the progress of legislation. Bills need to be out of fiscal committees today (Monday, March 5) or they’re likely dead for the session. The first deadline, February 28, was the deadline for bills to be out of their original policy committees. Any non-budget bill that is still in the policy committee at this point will likely not be considered for the remainder of the session. By March 14, bills have to be out of their original houses and April 13 is the last day to consider bills from opposite houses. The session is scheduled to adjourn on April 22.

PRIORITY BILLS LIST

With today being the fiscal committee deadline, updating of the Priority Bills List will be done Tuesday morning, to help make the list more up-to-date and meaningful. Some bills are already being dropped from the list due to lack of movement. Meanwhile, here are a few of the key bills still in play:

HB 1424 cisterns /rain barrels (two previous bills were combined; now a 3,000 gallon exemption is in the language). A number of, though not all tribes, have indicated that the substitute bill is okay. Some of the benefits of rain barrels include use of water on properties where it is captured, generally to be used in a manner that keeps it intact with the groundwater at that location, and it can help prevent some water quality damage from storm water runoff. However, overuse of rainwater can affect recharge and rain barrels/cisterns of this size actually comprise exempted storage.

SB 6117, the reclaimed water bill, sponsored by Senator Karen Fraser, D-Olympia, exempts reclaimed water from permitted use in an effort to encourage conservation, and proposed use of reclaimed water intended to augment potable water supplies must be considered in the development or regional water supply plans addressing potable water service by multiple purveyors. It is currently in Senate Ways and Means.

The “Phasing Out PBDE” bills (HB 1024/SB 5034) are still alive. In fact, the House bill has already passed the full house and is assigned to the Senate water committee. The bills would phase out the use of these harmful agents, if viable fire retardant alternatives are found. HB 1024 has passed the full house and has been assigned to the Senate Water Committee.

PUGET SOUND PARTNERSHIP

The Puget Sound Partnership Governance bills, HB 1374 and SB 5372, are both in their respective fiscal committees. HB 1374 was passed by the House Appropriations Committee on March 1 and SB 5372 is scheduled to be heard by Senate Ways & Means this afternoon. Efforts now are focused on getting final touches on the bills, working with the Governor’s Office to assure continuity and choose between the versions of the bill still alive in the legislature.

Here are some of the recommendations still being forwarded by partners: 1) That the Governor express strong support for a bottom up process in the development of the plan and be guided by the principles the partnership embraced in recommendations to the Governor (as contained in the PSP Report, e.g., inclusiveness, collaboration, decisiveness, transparency, bottom up decision making, etc.); 2) That accountability functions simply be realistic, both in terms of timing and cost of the implementation of the accountability system itself. (Too much detail could lead to a lot of paperwork and contentiousness that should be avoided.) 3) Be sure the cost of all of the requirements in both bills, as well as the FTE needs, be fully understood; 4) Recommend that the legislation make it explicit that all action, whether required by the legislation or not, be aimed at advancement of the priorities for restoration and maintenance of Puget Sound’s health; and 5) There should be explicit authority to create a non-for-profit if that appears to make sense in the judgment of the Leadership Council. Other comments and specific language change proposals have been forwarded to tribes.

Budget

Efforts are being made to increase funding for Puget Sound Recovery as recommended by the Puget Sound Partnership. Specifically, $6 million is being sought through the Operating Budget (HB 1127) for participation by tribes and watersheds and $100 million in the Capital Budget (HB 1092, the State Building Construction Account) for Salmon Recovery programs. These increases are critical for the Partnership effort to be assured of success, and for cooperative management to work well. Individual tribal support for this effort is encouraged.

MAKING CONTACT WITH LEGISLATORS AT THE HALF WAY POINT

Following are some recommended ways to make contact with your legislators at this time in order to encourage support or opposition for particular legislation. It is always good to make as personal contact as possible. Most legislators are extremely busy right now, so you might have to try to pull them off “the floor” during sessions. Notes can be sent in during caucuses and floor sessions and typically the particular legislator will come out to spend a few minutes with you (be sure to have specific, timely information available). It is always encouraged to coordinate with legislators’ staff members, and it is sometimes effective to reach them by email (the email formula is simple: Last name.First name @ leg.wa.gov). Brief and to-the-point letters or testimony statements are fine, but remember that there is typically very little time to waste. As always, legislators will tend to listen most carefully to their own constituents. For more tips, please call Steve Robinson at (360) 528-4347 or email srobinson@nwifc.org, or consult www.leg.wa.gov.

LEGISLATIVE HOT SHEET

Note: March 5 is the last day for fiscal committees to hears bills in the House of origin, and March 14 is the last day for Houses of origin to consider their own bills. Thus, most formal action will be taking place on House Floors between now and then, and committee hearings will be rare.

WEDNESDAY, MARCH 7

Agriculture & Natural Resources 8:00 am House Hearing Rm B O’Brien Building

Work Session: Developing flow management tools for watershed planning.
Work Session 2: Executive Order 07-02: Washington Climate Change Challenge.

THURSDAY, MARCH 8

Commerce & Labor 8:00 am Jt. w/ Senate Labor, Commerce, Research & Development Senate Hearing Room 4 Cherberg Building

Work Session: Tribal-State Compacts Appendix X2 – Rules Governing Tribal Lottery Systems.

• Leg-Com News newsletter which provides a brief overview of the State Legislature for the week;
• The Priority Bills List, which provides the updated status, and recommended positions, of bills related to tribal natural resource management/environmental protection, etc. in the Legislature;
• The Legislative Hot Sheet, providing an overview of related hearings for the week.

For more information, please consult www.leg.wa.gov. Note: I will be in “the other Washington” this week, but will monitor voice mails and emails and endeavor to continue working the state session remotely.

All comments welcome.

For those interested, the Legislative Hot Sheet for next week is attached, providing an overview of priority hearings and work sessions in the Washington State Legislature. All comments welcome.

Note: With few exceptions, the Hot Sheet does not list executive sessions on bills. However, as the first bill cutoff deadline approaches, many bills will be “exec’ed,” or voted on. The best way to have impact on bills that have been heard is directly with members of the key committees. Also, please note that this schedule, as always, is subject to change. We will send out key updates during the week as they become available.

Download Hotsheet Word Document

Attached please fine Leg-Com News and the Legislative Hot Sheet for the week of February 5, 2007, providing an overview of natural resource/environmental issues and hearings in the 2007 Session of the Washington State Legislature. All comments welcome. (Note: The new version of the Priority Bills List will be distributed soon.)

For those interested, attached is the State Legislative Hotsheet for the week of January 29, providing an abbreviated schedule of priority natural resource/environmental hearings and work sessions. All comments welcome.

Steve Robinson
Policy Analyst
NW Indian Fisheries Commission
(360) 528-4347
cell: (360) 951-2494
fax: (360) 753-8659
email: srobinson@nwifc.org
web: www.nwifc.org

Download Hotsheet

Download Hotsheet

Attached please find this week’s edition of LEG-COM NEWS, which includes a PRIORITY BILLS LIST and other information pertinent to tribal natural resource/environmental management in the Washington State Legislature. Also attached is the Legislative HOTSHEET for the week of January 15. All comments welcome.

WEEK ONE
PHASING OUT PBDE’S—BILL ON FAST TRACK
This week, NWIFC provided testimony on both HB 1024 and SB 5034, bills which make Washington the first state in the country to move toward a ban on Polybrominated diphenyl ether (PBDE) fire retardants. Found in mattresses, computers and furniture, as well as in fish, mother’s breast milk and throughout the environment with skyrocketing frequency, the new House Environment Committee quickly passed the bill. In the process of doing so, committee member Sam Hunt, D-Olympia, accused the industry that makes the stuff of putting up a smokescreen to stop the ban. “This bill is on fire,” said Sen. Erik Poulsen, D-West Seattle, chairman of the Senate Water, Energy and Environment Committee, which is also likely to pass the bill in quick order. The measure’s quick progress this year comes after two years of debate and opposition by chemical companies that spent more than $107,000 lobbying the Legislature last year.

By highlighting the fire-safety issues and downplaying the health risks, the chemical industry had successfully jammed the bill, even as those backing it — including some fire officials — insist safer alternatives could be used. The bill would ban three forms of PBDEs, commonly referred to as penta and octa, both of which already have been phased out, and deca, which is still in wide use. However, many companies already make PBDE-free products in order to comply with European trade laws. Levels of PBDEs in house dust are about 10 times higher in the U.S. than in Europe, and most of the PBDE in house dust is Deca. PBDEs have been found in a variety of foods and in breast milk. Studies show that children are more exposed to PBDEs than adults because of their contact with house dust and their intake from breast milk. And consumers have no way of knowing what products in their homes contain PBDEs.

WEEK TWO
THE PUGET SOUND PARTNERSHIP
The week of January 15 will be a busy one for the partnership. As indicated on the attached Hotsheet,, the week will commence with a work session by the House Select Committee on Puget Sound, 10 a.m. in House Hearing Room E. This session, entitled “Governance: What Structures Do We Have Now,” is essentially a backgrounder for the committee members, several of whom are new, about the role of the various governments, including tribes, in natural resource management and in the development of the Puget Sound Partnership plan. Terry Wright of the NWIFC staff has been dubbed by tribes to handle this task.

Then on Wednesday, Jan. 17, panel presentations by the co-chairs of the PSP (Jay Manning, Bill Ruckelshaus and Terry Williams standing in for Billy Frank) will provide briefings on the partnership report and the governance bill, which is expected to be available for review Monday. They will testify in front of a joint session of the Senate Natural Resources, Ocean and Recreation Committee at 10 a.m. (SHR 4), the House Select Committee on Puget Sound at 1:30 p.m. (HHR D), then back to the Senate Natural Resources, Ocean and Recreation Committee at 3:30 (SHR 4). Copies of the governance bill will be distributed to tribes as soon as they are available.

OCEAN POLICY
The Ocean Policy Work Group will report on “Washington’s Ocean Action Plan: Enhancing Management of Washington State’s Ocean and Outer Coasts to the Senate Natural Resources, Ocean and Recreation Committee, chaired by Sen. Ken Jacobsen, D-Seattle, at 1:30 p.m. on Monday, Jan. 15 (SHR 2)….yes, the Legislature works on holidays, as well as many nights and week ends during session. Steve Robinson will testify at this hearing at the request of the ocean tribes, and will essentially express the ongoing need for state/tribal cooperation and emphasize the need for government-to-government relations through the Intergovernmental Policy Council proposed by the ocean tribes.

OTHER HEARINGS AND WORK SESSIONS
In addition to other sessions and hearings briefly described in the Hotsheet, the various committees of the Washington State Legislature will address subjects ranging from the effect of the environment on the health of children and budget reports from natural resource agencies to an update report from the state’s Biodiversity Council and the economic impacts of climate change on the state. Another session worthy of particular note is “An Introduction To Indian Law” being presented to the House State Government and Tribal Affairs Committee (8 a.m. Friday, HHR D) by University of Washington Law Professor Robert Anderson.

NATIVE LEGISLATORS
Four state legislators, the largest number ever, now claim American Indian or Alaska Native heritage. The increase parallels national growth, with 64 Native people serving in legislatures in 14 states, up from 50 people last year, according to the National Conference of State Legislatures. Oklahoma has by far the most, with 18. Alaska and Montana are next with nine each, then New Mexico with six, and Washington with four. It’s the most ever in the history of the U.S., a result of a renaissance of political activism in Indian Country. Newly elected lawmakers include Don Barlow, an enrolled member of the Ottawa Nation of Oklahoma and Democratic representative from Spokane, and Claudia Kauffman, an enrolled member of the Nez Perce tribe and Democrat from Kent just elected to the Senate. The state’s other two Indian lawmakers are Reps. John McCoy, D-Tulalip, and Jeff Morris, D-Mount Vernon, who claims Tsimshian heritage. McCoy was first elected in 2002 and Morris in 1996.

GOVERNOR’S BUDGET AND PARKS AND WILDLIFE
Governor Christine Gregoire’s 2007-2009 budget proposal. It includes $70 million for the Washington Wildlife and Recreation Program (WWRP) a state grant program that protects habitat and creates new local and state parks. WWRP has been funded at around $50 million a year since the program was created in 1990. Over the past 16 years the WWRP has funded nearly 800 projects throughout Washington State. The $70 million does fall short of the $100 million WWRP advocates, and some opportunities for important community park development, habitat acquisition and farmland preservation may be lost as a result. WWRP includes a broad range of organizations representing diverse interests from across the state, ranging from Priorities for a Healthy Washington and the Washington Realtors to the Washington State Association of Counties and the State Fish and Wildlife Commission. NWIFC staff monitors the entity. Please consult www.wildliferecreation.org for more information.

RALPH MUNRO INVITATION
Former Secretary of State and current Chairman of Citizens Committee for Shared Strategy Ralph Munro invites you to attend a discussion and update on salmon recovery efforts, Puget Sound cleanup and other related subjects Thursday morning, January 18, anytime between 7:15 am and 8 30 a.m. in the Secretary of State’s Office (2nd floor of the Capitol Building). Bill Ruckelshaus will speak, and a light breakfast will be served.