February 1, 2021 Hot topics View from the hill Two regions move to Phase 2 – What does this mean for Legislature finds its groove in week four of session OPMA? After an intense first few weeks, activity in the Legislature On February 1, two regions encompassing seven counties has settled into a more manageable pace, though new moved to Phase 2 of Governor Inslee’s Healthy Washington – bills continue to emerge. AWC, on the other hand, has not Roadmap to Recovery Plan. Cities in Phase 2 regions can begin slowed down. We keep plugging away on a wide range of holding limited, in-person meetings again. issues important to cities. Several COVID-19 response bills are moving through the Legislature and have received early Senate Democrats unveil transportation revenue package action. We are also pleased to see proposals from both the |On January 27, Sen. Steve Hobbs (D-Lake Stevens), Chair of House and Senate for a statewide transportation package, the Senate Transportation Committee, released his nearly $19 another priority for Washington cities. To learn about these billion transportation revenue package. The proposal includes bills and more, make sure to read this week’s View from the Hill. two carbon-based options to generate revenue and includes key investments into local preservation and maintenance. Things you can do Lawmakers take new approach on accessory dwelling units Read our fact sheets—recently updated with bill numbers After several years of intense policy debate regarding how We recently updated our legislative fact sheets to include to promote the construction of accessory dwelling units, an bill numbers pertinent to each issue area. Learn more about incentive-based approach has come forward. Despite some each priority issue and find data and talking points that you concerns, AWC hopes to find common ground to achieve the can easily share with your legislators. Don’t forget to schedule policy objectives of the bill. meetings with your legislators—each fact sheet will help you understand the city standpoint and frame your legislative ask Media time with a consistent, unified voice. Cities seek transportation funding Brush up on PDC lobbying guidelines 63% of cities responding to our recent survey said that their Did you know? Zoom meetings and Zoom testimony are greatest transportation funding need was to address basic considered a substitute for “in person” lobbying during the maintenance and preservation. The House and the Senate 2021 legislative session. Make sure you familiarize yourself have released their transportation package proposals—and with Public Disclosure Commission (PDC) guidelines. To help, now it’s negotiation time. We’re advocating that the final read our guidelines compiled for city officials who routinely version includes equitable local funding and additional local engage with legislators or communicate with constituents revenue options for cities. Watch this video where Maggie about legislative matters. Douglas breaks down the issue and provides background on why cities need transportation funding now. Reach out to your legislators, share this video, and tell them your local story. What you need to know Together, we can tell the state to pass a transportation revenue Broadband & telecommunications: Bill expanding package that works for cities. broadband authority amended to preserve city interests. Budget & finance: AWC fiscal flexibility bill moves out of House Finance Committee. Economic development: Legislators look to extend 2020 Main Street tax credits an additional two years. General government: Juneteenth holiday proposal expected to see action this week.

continued View from the Hill Homelessness: Proposed law mandates certain cities to provide overnight Legislature finds its groove in week four of session shelter. Contact: Candice Bock HR & labor relations: Unemployment Last week we wrote about the intense pace of this year’s legislative work. We insurance tax relief fast-tracked through anticipated complexities with conducting an online legislative session, but legislators Legislature, heads to Governor’s desk. introduced and scheduled hearings for more bills than anyone expected. Thankfully, after an intense first few weeks, the Legislature seems to have found its groove for New bill would ban unjustified the pace of work. New bills continue to be introduced, but not quite at the same rate employee vehicle searches. as before. Overall, there are fewer bills up for hearings this week. As of Friday, there Human services: State task force were more than 800 bills introduced. By comparison, in 2020, a total of 1,799 bills recommends policies to support were introduced, of which 380 passed the Legislature. affordable child care. AWC’s weekly bill Hot Sheet Land use & planning: Noble yet costly While the rhythm of session may now be more manageable, a lot of work remains. mandate considered to address racial AWC continues to track and work on a wide range of bills. To learn about the key bills covenants on deeds. that we’re closely tracking, check out our weekly Hot Sheet. Effort to strengthen salmon recovery Several bills viewed as particularly important to COVID-19 response and recovery through critical area planning. are moving through the Legislature. There has been early action on bills targeting Proposal introduced to extend COVID-19 relief funds from the federal government, including: comprehensive planning update cycle. • Changes to unemployment insurance to avoid large rate increases; • B&O tax relief on grant funds to businesses; and Pensions: Bill introduced to to require • Changes to the Open Public Meetings Act for emergencies. LEOFF disability boards to provide coverage info to retirees. Additionally, AWC is pleased to see action on proposals for a statewide transportation package. This is a priority for Washington cities. The House Transportation Committee Public safety & criminal justice: Bill Chair released a proposal two weeks ago and last week the Senate Transportation would change felony bar defense to Committee Chair released that committee’s proposal. Check out our articles on the allow people injured in the commission proposed House and Senate packages and watch our transportation video below. We of a felony to sue. expect to see the release of additional proposals, after which we hope negotiations Police oversight bills move through will begin in earnest to find compromise on a revenue package that includes committee with new amendments. significant funding for city needs.

Duty to intervene, vascular neck Don’t miss out on City Action Days restraints, and truth verification test bills AWC’s City Action Days conference online is next week! Join us on February 10 and considered. 11 for the same great content on hot legislative issues from legislative speakers and Proposed recording requirement to be Governor Jay Inslee. While the event is online and not in Olympia, this is still a great heard in committee. time to make plans to meet with your legislators. If you need help to schedule a meeting with your local legislators, let us know. We are happy to help. Police data reporting bill receives amendments, Senate Republicans Need help? propose competing bill. As always, if you need assistance or additional information while navigating the Pretrial release bill raises numerous legislative process, don’t hesitate to reach out to the Government Relations team. concerns for courts. Traffic ticket bill would divert funds away from cities, into state coffers. Public works: Bill to expand public works contracts, apprenticeship requirements. Transportation: FMSIB releases annual report. continued 2 AWC Legislative Bulletin Affordable housing Lawmakers take new approach on accessory dwelling units Contact: Carl Schroeder, Shannon McClelland After several years of intense policy debate regarding how to promote the construction of accessory dwelling units (ADUs), with many disagreements about local control and preemption, AWC is pleased to see a voluntary and incentive-based approach come forward from Rep. (D–SeaTac) in HB 1337. As you will see below, the qualifications for access to the incentive are quite extensive, and the incentive structure may not be sufficient to balance such significant policy changes. AWC is asking the bill sponsor and proponents to loosen the qualifications. We appreciate the intent behind this approach and hope we can work together to find common ground. According to the proposed bill, cities that adopt the following ADU policies will qualify for access to a first-come, first-served ADU incentive fund, seeded at one million dollars for the first year. Cities who can demonstrate that they have adopted the policies and have seen ADU construction “above the baseline” would be eligible for $10,000 per ADU. To qualify for the incentive fund, a city must adopt three of the following four policies: • No requirement for off-street parking for ADUs. • No impact fees on ADUs. • No owner occupancy requirements. • Allow at least two ADUs on all lots in single family zoned districts. A city must also adopt at least five of the following policies: • No occupant limits on unrelated persons. • No minimum gross floor area that exceeds the state building code. • May not count the gross floor area of an ADU against floor-area-ratio limitations that apply to principal units. • May not count indoor parking, unheated storage, or heated basements against the gross floor area ratio limits for ADUs. • Must make the same allowances for ADU roof decks, balconies, and porches encroaching on setbacks that apply to the principal unit. • Must allow encroachment on setbacks with written approval from the adjoining property owner so long as not contrary to local fire code. • Must apply abutting lot setbacks to ADUs where the abutting zone has lower setback requirements. • Must adopt model ADU architectural plans that are preapproved for permitting. • Must establish an amnesty program to help owners of unpermitted ADUs receive a permit

continued AWC Legislative Bulletin 3 In addition, a city would have to adopt all of the following policies: • Must allow detached ADUs. • Must allow an ADU on any lot that meets the minimum lot size required for the principal unit. • Must allow attached ADUs on any lot with a principal unit that is nonconforming solely because the lot is smaller than the minimum size, if the ADU would not increase nonconformity of the residential use with respect to building height, bulk, or lot coverage. • May not establish a maximum gross floor area requirement for ADUs that are less than 1,000 sq. ft. or 60 percent of the principal unit, whichever is greater, or that exceeds 1,200 sq. ft. • May not establish roof height limits, setback requirements, rear yard coverage limits, tree retention mandates, restrictions on entry door locations, aesthetic requirements, or requirements for design review for ADUs that are more restrictive than those for principal units. • Must allow detached ADUs to be sited on a lot line if the lot line abuts a public alley, unless the city or county routinely plows snow on the public alley. • Must allow ADUs to be converted from existing structures, including detached garages, even if they violate current code requirements for setbacks or lot coverage. • May not prohibit the sale of the ADU separately from the principal unit, if converted to a condominium, solely on the basis that the structure was originally built as an ADU. • May not charge higher permitting or plan review fees than for a project of similar value or square footage as a principal unit. • May not require public street improvements as a condition of permitting ADUs. • May not require new or separate utility connections between an ADU and a utility unless site conditions make it unavoidable. Costs must be proportionate to burden, not exceed reasonable cost, and be consistent with appropriate water plans.

Date to remember HB 1337 is scheduled for public hearing in the House Local Government Committee on Wednesday, February 3 at 10 am. Broadband & telecommunications Bill expanding broadband authority amended to clarify existing city authority Contact: Marina Dacca, Maggie Douglas Two weeks ago, AWC reported on Rep. Hansen’s broadband bill, HB 1336. As originally drafted, the bill provided expanded authority to all public entities to be able to provide broadband and telecommunication services within their jurisdictions. First-class and code cities currently have this authority and are working with Rep. Hansen to be removed from the bill. Second-class cities and towns will remain in the legislation. AWC supports HB 1336 and state policies and funding that provide greater access and equity for broadband services, including providing expanded authority for local governments.

Dates to remember HB 1336 is scheduled for executive session in the House Community and Economic Development committee on February 5 at 8:30 am. continued 4 AWC Legislative Bulletin Budget & finance AWC fiscal flexibility bill moves out of House Finance Committee Contact: Candice Bock, Maggie Douglas Last week, HB 1069, AWC’s fiscal flexibility priority bill, moved out of the House Finance Committee yet it needs more bipartisan support. AWC is grateful to the cities that have testified in support of this bill. While we were excited it passed out of the Finance Committee, we were concerned to see the bill lacked any Republican support there. We encourage cities to contact local legislators in support of the bill’s local flexibility options. Please let them know this bill needs bipartisan support to pass the Legislature. As we previously reported (https://wacities.org/news/2021/01/23/awc-priority-fiscal-flexibility- bill-receives-second-hearing), HB 1069 was amended as it passed out of the House Local Government Committee. In addition to the revenue sources included in the original bill, legislators added flexibility to the chemical dependency and mental health treatment services tax and real estate excise tax. The bill was also amended to remove the original lodging tax flexibility. The Committee amendments to the bill include: • Chemical dependency and mental health treatment services tax: revenue may be used for capital projects necessary to the operation or delivery of chemical dependency or mental health treatment programs and services. • Lodging tax revenue: removes provisions allowing lodging tax revenue to be used for housing and rental assistance through December 31, 2023. • Real estate excise tax: provides that the greater of $100,000 or 35% of real estate excise tax revenue can be used for the operation of, maintenance of, and service support for existing capital projects through December 31, 2023. • Property tax levies: allows king County to use levies approved by voters in 2019 to supplant existing funds. Economic development Legislators look to extend 2020 Main Street tax credits an additional two years Contact: Candice Bock, Jacob Ewing The impacts of the COVID-19 pandemic over the past year have been far-reaching – even into the world of tax credit programs. Created in 1984, the Main Street Tax Credit Program (https://dahp.wa.gov/local-preservation/ main-street-program/main-street-tax-credit-program) provides a Business & Occupation or public utility tax credit to businesses for their private contributions to eligible downtown organizations. The goal of the program is to aid communities in revitalizing and restoring downtown and neighborhood districts. However, current state law stipulates that a tax credit must be used during the calendar year in which the contribution is approved. Due to the impact of the COVID-19 pandemic, many businesses have an insufficient tax liability to use the full amount of their tax credit. HB 1297, sponsored by Rep. (D-Bellingham), would allow businesses to carry their earned tax credit forward an additional two years. It would need to be used by December 31, 2023. AWC supports the efforts of this bill as it would help sustain businesses through the COVID-19 pandemic in addition to increasing funding for local economic development. HB 1297 received a public hearing in the House Finance Committee on Monday, February 1. continued AWC Legislative Bulletin 5 General government Juneteenth holiday proposal scheduled for public hearing and vote this week Contact: Candice Bock, Matt Doumit A bill making “Juneteenth” a state legal holiday has been scheduled for a public hearing and committee vote later this week. HB 1016, sponsored by Rep. Melanie Morgan (D–Tacoma), establishes Juneteenth (June 19) as a state legal holiday. Juneteenth would be the 11th state legal holiday. These holidays are when most state (and other public) employees are permitted the time off to observe the day. Cities are permitted to recognize their own list of holidays (http://mrsc.org/Home/Explore-Topics/Legal/Personnel/State-Legal- Holidays.aspx) through adoption of ordinances, personnel policies, or including them in collective bargaining agreements. Juneteenth grew out (https://www.smithsonianmag.com/history/juneteenth-our- other-independence-day-16340952/) of the events of June 19, 1865 when the Union Army arrived to occupy Galveston, Texas following the Civil War. It was the first day that the African slaves being held in the city learned of the Emancipation Proclamation, the end of the war, and their subsequent freedom from slavery. The Juneteenth holiday is celebrated officially to varying degrees across the United States, especially in the former Confederate states where large African American populations have a long history of celebrating the day as a “Second Independence Day.” The holiday has also evolved to include celebrations of Black American culture and to encourage participation in civic life. There is a push to make Juneteenth a federal holiday as well. (https://www.npr.org/2020/06/19/879647898/calls-to-make- juneteenth-a-federal-holiday-gain-momentum) The bill was previously heard on January 13 in the House State Government & Tribal Affairs Committee with all testimony in favor of the bill. That committee voted the bill out on January 20 with a 5-2 vote.

Dates to remember HB 1016 is scheduled for public hearing in the House Appropriations Committee on Monday, February 1 at 3:30pm. HB 1016 is also scheduled for a committee vote in the House Appropriations Committee on Thursday, February 4 at 3:30 pm.

continued 6 AWC Legislative Bulletin Homelessness Proposed law mandates certain cities to provide overnight shelter Contact: Carl Schroeder, Shannon McClelland In a response to Martin v. Boise and the proliferation of unlawful encampments, a recently proposed bill intends to require cities over 50,000 to establish and operate full-service overnight emergency shelters, complete with police presence. The bill, introduced by Sen. Phil Fortunato (R–Auburn), would establish an act titled SHELTER: Serious Homelessness Engagement Leads to Effective Results. His proposed substitute bill, SB 5107, would certainly have serious impacts on the cities it affects. The bill requires: • Every county and every city with a population of more than 50,000 to establish and operate an overnight shelter; • Each shelter to provide—and require its guests to use—employment, mental health, and drug counseling services; • Each shelter to be a high barrier shelter, prohibiting the use and possession of alcohol and illegal drugs; • That police be present during operating hours; and • Each city and its county coordinate to provide enough beds to meet the last point- in-time count of homeless individuals in their jurisdiction. To fund this significant cost, the bill would allow the shelters access to Housing Trust Funds dollars but does not appear to add a new source of revenue to the fund.

Date to remember The substitute of SB 5107 will be heard on Wednesday, February 3 in the Senate Housing & Local Government Committee at 10:30 am.

continued AWC Legislative Bulletin 7 HR & labor relations Governor’s unemployment insurance bill advances through the Legislature Contact: Candice Bock, Matt Doumit The Governor’s unemployment insurance bill was amended in the Senate and passed out of both the Senate and House on a strong bipartisan vote last week. It now goes to the Governor for signature. Earlier this session, we wrote about the Governor’s proposal, SB 5061, for revamping the state’s unemployment insurance (UI) system to lower UI tax rates for employers, improve benefits for claimants, and make the UI program more flexible in response to the COVID-19 pandemic and future emergencies. AWC’s analysis of the original bill can be found here. Before heading to the floor, the bill was amended in the Senate Labor, Commerce, & Tribal Affairs Committee and voted out of committee on a 6-3 vote. The amendments require: • Employment Securities Department (ESD) to report to the Governor and Legislature by December 1, 2021 to review wages subject to UI taxes and equity for employers; • Adjustments to the expiration date of the bill’s temporary UI experience rate relief; and • Capping weekly UI benefits based on the claimant’s previous weekly wage. On the Senate floor, the bill was amended again to: • Provide a legislative intent section; • Give the weekly wage benefit cap an effective date of January 2, 2022; • Permit ESD to adjust the weekly wage benefit cap by rule to access federal UI funds (like through the CARES Act, the Continued Assistance for Unemployed Workers Act, or other acts); and • Keep the current period used in calculating the experience rate. The bill passed off the Senate floor with a strong bipartisan vote of 42-7 on Wednesday, January 27 and was sent to the House for consideration on January 28. House leadership bypassed the normal committee process and brought the bill straight to the floor on Friday, January 29. The bill was voted off the House floor without any further amendments on a bipartisan 89-8 vote. The bill now goes to the Governor for signature.

continued 8 AWC Legislative Bulletin Bill to ban unjustified employee vehicle searches Contact: Candice Bock, Matt Doumit A bill to ban unjustified employer searches of employee vehicles is scheduled for a public hearing this week. HB 1257, sponsored by Rep. (R-Kalama), prohibits employers from searching the privately owned vehicles of employees in the employer’s parking lot or garage, and prohibits employers from requiring employees to waive their privacy rights to not be searched as a condition of employment. The bill reiterates that employees may possess any of their legal private property in their vehicle. Under the bill, employees are permitted to file complaints with the Department of Labor & Industries and the department can impose civil penalties for violations. The bill contains several exceptions to the prohibition against employer vehicle searches, including: • If the vehicle is owned or leased by the employer; • Lawful searches by law enforcement; • To prevent immediate threats to human life, heath, or safety; • Employee consent to search for employer’s property or controlled substances; • Security inspections mandated by state and federal military installations and facilities; • Vehicles at state correctional institutions; and • Employer areas subject to searches under state and federal law. This bill arose out of instances similar to and including when an employee kept a hunting rifle in his car and was later disciplined when the gun was seen through the car window in the employer’s parking lot. City employers, as government entities, are already subject to the state and federal Constitutions in conducting employee searches and employees’ rights to privacy must be respected. However, most of the rules around employee searches are case-specific rules laid down by courts, not laid out in statute.

Dates to remember HB 1257 is scheduled for public hearing in the House Labor & Workplace Standards Committee on Tuesday, February 2 at 10 am.

continued AWC Legislative Bulletin 9 Human services State task force recommends policies to support affordable child care Contact: haron Swanson, Jacob Ewing The Washington Child Care Collaborative Task Force found that 133,000 potential workers are kept out of Washington’s labor force due to a lack of access to affordable child care. The task force’s report (https://wastatecommerce.medium.com/state-task-force-report-details- policies-to-stabilize-and-sustain-child-care-industry-and-increase-899908e86af) estimated that gaps in affordable child care result in an estimated $14.7 billion less in personal earnings, $56.8 billion less in business output, $34.8 billion lower Gross State Product, and over $1 billion in lost annual tax revenue. The report found that in nearly a third of counties, 50 percent or more of families lack access to child care.

Percentage of families in areas that lack child care, by county. Data from the Child Care Task Force 2020 Child Care Industry Assessment Report (https://www.commerce.wa.gov/wp-content/ uploads/2020/08/Child-Care-Collaborative-Task-Force-Industry-Assessment-Report.pdf) (Aug 2020). The task force recommends that the state: • Support providers participating in the state’s child care subsidy program; • Help working parents enter, re-enter, and stay in the labor force; and • Begin improvements to child care workforce compensation and development. The next step for the task force will be to submit a final report and implementation plan to the legislature in June 2021. AWC supports HB 1213, sponsored by Rep. (D–Mercer Island), and its companion bill, SB 5237, sponsored by Sen. Claire Wilson (D–Federal Way). The bills would expand access to affordable child care and early childhood development programs around the state.

Dates to remember HB 1213 is scheduled for executive session in the House Children, Youth & Families Committee on either Wednesday, February 3 at 8:00 am or Thursday, February 4 at 10 am. SB 5237 is scheduled for executive session in the Senate Early Learning & K-12 Education Committee on Wednesday, February 3 at 10:30 am. continued 10 AWC Legislative Bulletin Land use & planning Effort to strengthen salmon recovery through critical area planning Contact: Carl Schroeder, Shannon McClelland The Legislature intends to provide additional guidance and requirements regarding critical area planning to benefit statewide salmon recovery and conservation efforts. SB 5306, sponsored by Sen. Jesse Salomon (D–Shoreline), directs the Department of Fish and Wildlife (DFW) to adopt conservation and restoration guidelines to preserve and enhance anadromous fisheries. These guidelines must be adopted by January 1, 2022 and identify: • Priority marine nearshore, stream segments, and riparian areas that present the most important conservation habitat; • Land use incompatible with salmon recovery and habitat perseveration; and • Methods for improving and preserving salmon habitat. The bill requires counties and cities to update critical policies and development regulations based on the guidelines, acquire critical habitat lands, enact incentives, and establish other measures to implement the guidelines. DFW may exempt a county or city if the jurisdiction has minimal or no areas of critical habitat for salmon stocks listed under the federal Endangered Species Act. Cities under the 2024 comprehensive plan update timeline must begin implementing the new guidance in 2022. All other cities must implement by July 30, 2026. AWC would like to hear from cities whether this approach is preferable to that taken by HB 1117, which creates a more explicit feedback loop between cities and the Department of Fish & Wildlife on salmon recovery issues.

Date to remember SB 5306 is scheduled for public hearing in the Senate Agriculture, Water, Natural Resources & Parks Committee on Thursday, February 4 at 1:30 pm.

continued AWC Legislative Bulletin 11 Noble yet costly mandate considered to address racial covenants on deeds Contact: Carl Schroeder, Shannon McClelland Lawmakers will hear a bill this week that requires Growth Management Act (GMA) planning jurisdictions to review racial and other unlawful covenants recorded on deeds and to instruct property owners in how to remove the restrictions. HB 1335, sponsored by Rep. (D–Seattle), would do the following to remedy the problem of the continued existence of racial covenants: • Requires counties and cities to work cooperatively to review all existing recorded covenants and deed restrictions to identify those that unlawfully restrict a protected class, such as individuals from a certain race or religion. • Requires the jurisdiction to notify the property owner and inform them of the process to remove such deed restrictions, which is through a declaratory court judgment (https://app.leg.wa.gov/RCW/default.aspx?cite=49.60.227). • Allocates costs to the jurisdictions, apportioned by population. • Provides that the real estate excise tax revenue directed to capital facilities can be used to fund the new mandate. • The review and notification process must be complete prior to the date the jurisdiction is required to update its GMA comprehensive plan. Although no longer legally enforceable, racially restrictive covenants were commonplace in the 1920s to 1940s. They were agreements entered into by a group of property owners, sub-division developers, or real estate operators in each neighborhood, binding them not to sell, lease, rent or otherwise convey their property to specified racial groups unless all agreed to the transaction. The 1948 U.S. Supreme Court decision in Shelley v. Kraemer struck down the enforceability of the restrictions by courts. It was not until 1968, when Congress passed the Housing Rights Act, that the covenants themselves were finally made unlawful and void. AWC is working to identify more streamlined and less administratively burdensome means to achieve the goals of the bill. Options under consideration are a citywide general notification process, a state or county-led effort, or only upon resale of the homes subject to these covenants. Additional ideas from cities are welcome.

Date to remember HB 1335 is scheduled for public hearing in the House Local Government Committee on Tuesday, February 2 at 10 am.

continued 12 AWC Legislative Bulletin Proposal introduced to extend comprehensive planning update cycle Contact: Carl Schroeder, Shannon McClelland Of long-standing interest to cities, an extension to the mandatory Growth Management Act (GMA) comprehensive plan updates from eight to ten years has finally been introduced in HB 1241, sponsored by Rep. (D–Bothell). AWC expects the proposal to be considered by the Legislature as it decides if this is the year to increase local planning requirements under the GMA. AWC would greatly appreciate feedback from cities on the relative value of this change in offsetting the costs or challenges of the other proposals on climate, housing, and salmon recovery. As detailed below, HB 1241 also requires development of an implementation plan for the comprehensive plan and mid-point progress report. We would also value your feedback on whether the new reporting requirement would erode the benefit of the longer update cycle. “In exchange” for the longer update cycle, the bill proposes the following new responsibilities for cities: • Every five years cities must provide a progress report to the Department of Commerce that includes milestones, measures, and criteria established by rulemaking on at least these topics: • Housing affordability and availability; • Permit processing timelines; • Protection of critical areas and use of best available science; • Achievement of any required reductions in greenhouse gas or vehicle miles traveled; • Response to any statutory changes since the last update. • Cities covered by the Buildable Lands requirements must also report on progress under those plans. • Within one year of adoption of a comprehensive plan, cities with a population over 7,500 must develop an annual comprehensive plan implementation schedule that includes: • The development regulations and non-regulatory measures, including financing plans, in the upcoming year; and • Measures which have been considered and acted upon in the reporting year.

Date to remember HB 1241 is scheduled for public hearing in the House Local Government Committee on Wednesday, February 3 at 10 am.

continued AWC Legislative Bulletin 13 Open government Two regions move to Phase 2 – What does this mean for OPMA? Contact: Candice Bock, Jacob Ewing On Monday, February 1, two regions encompassing seven counties moved to Phase 2 of Governor Inslee’s Healthy Washington – Roadmap to Recovery Plan (https:// www.governor.wa.gov/sites/default/files/HealthyWashington.pdf). Cities in Phase 2 regions can begin holding limited, in-person meetings again. Under the Governor’s updated reopening plan, meetings subject to the Open Public Meetings Act (OPMA) will follow the same guidelines as business meetings in the miscellaneous venue guidance document. At the time of publication, the Governor’s Office has not made the updated guidance available online. We will update this article once the guidance becomes publicly available. Cities in Phase 1 are not permitted to hold in-person public meetings and must continue to conduct meetings virtually. Cities in Phase 2 are permitted to hold in-person public meetings in addition to virtual options; however, the capacity of these meetings is limited to 25% of the posted room capacity or 200 individuals – whichever is fewer. Cities in Phase 2 must also provide the public virtual access to meetings, at a minimum, via telephone. As regions move through the different reopening phases, local governments should have a reopening operations plan in place based on public health guidance and guidance provided to state agencies (https://ofm.wa.gov/sites/default/files/public/ shr/COVID19/SafeStart/RoadMap_Guide.pdf) under the Roadmap to Recovery Plan. The counties currently in Phase 2 are: • Grays Harbor • King • Lewis • Pacific • Pierce • Snohomish • Thurston Updates to the OPMA continue to progress through the legislature. HB 1056 passed through the House and now awaits action in the Senate State Government & Elections Committee. AWC supports this bill as it provides local governments with the flexibility to hold virtual public meetings during a declared emergency.

continued 14 AWC Legislative Bulletin Pensions Bill to require LEOFF disability boards to provide coverage info to retirees Contact: Candice Bock, Matt Doumit A bill to standardize Law Enforcement Officers & Fire Fighters (LEOFF) disability boards’ notice to members of covered medical services has been introduced. SB 5336, sponsored by Sen. Steve Conway (D–Tacoma), is a short bill that requires the Department of Retirement Services to adopt rules requiring that each LEOFF 1 disability board “provide eligible members with documentation of the covered medical services.” Section 1 of the bill includes a legislative intent section that finds that some LEOFF disability boards do not provide notice of what medical costs are covered by the board, and that the legislature intends that all disability boards provide LEOFF 1 retirees with evidence of medical coverage. The bill arises from concerns raised by some LEOFF 1 representatives who object to retirees having to pay medical expenses out of pocket and then request reimbursement after the fact. However, many disability boards will work with retirees who experience financial hardship when having to pay an expense up front and out of pocket. It would be nearly impossible for most boards to set up a universal system to pay all eligible expenses (i.e. a pharmacy co-pay) up front. LEOFF 1 disability boards already provide documentation of covered expenses via their adopted policies, and AWC understands that this bill is likely to only codify the current practice. The bill does not appear to require boards to generate new documentation of medical coverage, nor for all boards to cover up front covered costs. It only requires LEOFF 1 disability boards to inform members of their medical coverage policies, which could presumably be done by using existing documentation. However, AWC is concerned that the bill could lead to confusion between medical providers and retirees as to which medical costs are covered up front and which may be reimbursed. There is also the possibility that through the rulemaking process additional requirements would be created that could drive up costs. SB 5336 was originally scheduled for a public hearing on Monday, February 1, in the Senate Ways & Means Committee, but was removed from the agenda a few hours before the hearing and has not yet been rescheduled. AWC will continue to monitor this bill for potential committee action in the future.

continued AWC Legislative Bulletin 15 Public safety & criminal justice Bill would change felony bar defense to allow people injured in the commission of a felony to sue Contact: Sharon Swanson, Jacob Ewing Senators look to change a state law to allow people injured during the commission of a felony to recover monetary damages against the person or entity causing the injury. The legislation, as drafted, would apply retroactively. Currently in Washington, persons injured or killed during the commission of a felony cannot recover damages. This defense is known as the “felony bar” to recovery. The applicable statute RCW 4.24.420 states that, “It is a complete defense to any action for damages for personal injury or wrongful death that the person injured or killed was engaged in the commission of a felony...” This defense removes liability from an arresting officer as well as bars any recovery of monetary damages. SB 5263, sponsored by Sen. David Frockt (D–Seattle), would adjust the language of the felony bar defense to allow any individual injured or killed to recover damages unless the person “has been convicted of a class A or class B felony." Additionally, the bill would be remedial and applies retroactively to all claims commenced prior to the effective date of the bill. AWC is opposed to this bill. Multiple avenues for civil reform are already in existence. Additionally, we oppose the remedial clause in the bill as it could create a major liability for cities. We encourage you to contact your legislators and express your concerns regarding this bill.

Dates to remember SB 5263 is scheduled for public hearing in the Senate Law & Justice Committee on Tuesday, February 2 at 10:30 am. The bill is scheduled for executive session in the same committee on Thursday, February 4 at 10:30 am.

Duty to intervene, vascular neck restraints, and truth verification test bills considered Contact: Sharon Swanson, Jacob Ewing Legislators will consider several police reform bills this week impacting officer conduct, use of force, and the hiring process. SB 5066, sponsored by Sen. Manka Dhingra (D–Redmond), passed through the Senate Law and Justice Committee with an amendment. The amendment clarifies that an officer must be on-duty and identifiable as a police officer in order for the “duty to intervene” to apply. The amendment also eliminates “acts in violation of the public’s trust” from the definition of wrongdoing. SB 5066 received a public hearing in the Senate Ways & Means Committee on Monday, February 1. AWC supports this bill and recognizes that more input from stakeholders is needed. SB 5094, sponsored by Sen. Mike Padden (R–Spokane Valley) and Sen. Jeff Holy (R– Spokane), would require the Criminal Justice Training Commission, Washington State Patrol, Washington Association of Sheriffs and Police Chiefs, and other organizations to develop a written model policy on the use of vascular neck restraints by December 1, 2021. Law enforcement agencies would be required to adopt a vascular neck restraint policy by June 1, 2022. Additionally, law enforcement agencies would be required to have 50 percent of their officers properly trained and certified in the use of vascular neck restraints. continued 16 AWC Legislative Bulletin HB 1262, sponsored by Rep. (R–Kennewick) and Rep. (R–Liberty Lake), would add an eye-based truth verification test to the recruitment process of law enforcement and corrections officers. The test measures the credibility of an individual through analysis of physiological responses of the eye such as pupil diameter, eye movement, blinks, and fixations.

Dates to remember SB 5094 is scheduled for public hearing in the Senate Law & Justice Committee on Tuesday, February 2 at 10:30 am. HB 1262 is scheduled for public hearing in the House Public Safety Committee on Friday, February 5 at 10 am.

Traffic ticket bill would divert funds away from cities and into state coffers Contact: Sharon Swanson, Jacob Ewing The Senate Law & Justice Committee will hear a bill this week that would take money from cities to support new information technology systems. SB 5226, sponsored by Sen. Jesse Salomon (D–Shoreline), looks to reform how individuals pay traffic tickets and the process for suspending an individual’s license. Included in the bill is an increase to the state’s share of certain traffic tickets. Section 8(a) of the bill addresses a $20 penalty that can be assessed on top of a ticket in certain cases. Section 8(b) indicates that the state would increase its share of the penalty from $8.50 to $10.50. The additional funds would be used to support new Department of Licensing systems to manage driving records, implement court orders, and communicate with the judicial information system. The remaining $9.50 would be transferred to cities or counties for deposit in their expense fund. AWC is concerned by the proposal because cities’ share of the $20 penalty is meant to constitute reimbursement for unfunded mandates under RCW 43.125.060. By reducing cities’ portion of the penalty, the state expects cities to shoulder the ever-growing financial burden of supporting state-mandated programs. Given that revenues are already stretched thin due to the COVID-19 pandemic and constrained financial flexibility, AWC believes that now is not the time for the Legislature to reduce money shared with cities. AWC will address our concerns with the bill’s sponsor to ensure that state funding for cities remains in place. We encourage you to contact your legislators (https://wacities. org/advocacy/legislator-directory) and express your concerns about the reduction in funding.

Dates to remember SB 5226 is scheduled for public hearing in the Senate Law & Justice Committee on Thursday, February 4 at 10:30 am.

continued AWC Legislative Bulletin 17 Pretrial release bill raises numerous concerns for courts Contact: Sharon Swanson, Jacob Ewing A bill proposing major reforms to current pretrial release and detention laws has raised a number of red flags with local court systems. SB 5307, sponsored by Sen. Jamie Pedersen (D–Seattle), looks to reform the pretrial release and detention system through changes to cash bail and the hearing schedule after an individual’s arrest. While these reforms are well-meaning, the bill itself requires a number of insurmountable fiscal and time requirements for courts without any fiscal assistance from the State.

Cash bail The bill looks to reform how cash bail is assessed in certain cases. However, the Washington Supreme Court is already reviewing a rule change that would require trial courts to release individuals suspected of non-violent crimes without bail. It is expected that the Supreme Court will adopt these rules and implement them in a more straightforward and efficient manner than is outlined in the bill.

The 48-hour rule Current court rules require that a judge find probable cause within 48 hours after an arrest in order for an individual to be detained. If probable cause is found, the defendant must appear before a judge for arraignment by the next court day. However, under the bill, courts would be required to have a full-release hearing within 48 hours after an arrest. Weekends and holidays would be included in those 48 hours and would require courts, prosecutors and public defenders to operate on an on-call basis every weekend and holiday.

Additional hearings The bill also sets new standards for detention hearings. These hearings would need to take place within three days of a pretrial detention order or restrictive release order to review the orders and make any necessary changes. Similar to the 48-hour rule, the hearings would need to take place on weekends and holidays. In short, as written, the bill makes requirements that would be impossible for courts to implement, in terms of both time and financial resources. The bill received a public hearing on Monday, February 1 in the Senate Law & Justice Committee. AWC encourages cities with municipal courts to review SB 5307 and share their concerns with legislators (https://wacities.org/Advocacy/Legislator- directory/Legislator-list?By=1aKRwngbLLM%3d&Type=). AWC is opposed to SB 5307 as drafted.

Dates to remember SB 5307 is scheduled for executive session in the Senate Law & Justice Committee on Thursday, February 4 at 10:30 am.

continued 18 AWC Legislative Bulletin Proposed recording requirement to be heard in committee Contact: Sharon Swanson, Jacob Ewing Legislators will hear a bill this week that would establish a uniform electronic recording standard for law enforcement. HB 1223, sponsored by Rep. (D–Edmonds), creates new requirements for law enforcement officers to electronically record every custodial interrogation, with few exceptions. Under the bill, custodial interrogations of a juvenile or an individual suspected of a felony crime would require either an audio or visual recording. If an interrogation were to occur in a place of detention, the officer would be required to make both an audio and visual recording. Officers would not have to obtain consent from the individual being interrogated, but they would need to inform the individual that a recording was being made. Private conversations between an individual and their legal representation would not be recorded. The bill provides several exceptions to the requirement including: • An individual refusing to be recorded; • If an interrogation takes place in another state where such recordings are illegal; • Protecting the safety or identity of an individual; • Equipment malfunctions; or • Any exigent circumstances. If an officer were unable to make an electronic recording due to the above circumstances, or other unforeseen circumstances, the officer would be required to prepare a report explaining the reasons for not creating an electronic recording. Recording requirements would not apply to spontaneous statements or statements made during the routine process of arresting an individual. AWC will monitor this bill given that it may have financial implications for city law enforcement agencies.

Dates to remember HB 1223 is scheduled for public hearing in the House Public Safety Committee on Friday, February 5 at 10 am.

continued AWC Legislative Bulletin 19 Police oversight bills move through committee with new amendments Contact: Sharon Swanson, Jacob Ewing Two bills increasing oversight of police agencies passed through the first round of committee hearings with amendments. HB 1089, sponsored by Rep. (D–Issaquah) and Rep. Roger Goodman (D–Kirkland), establishes compliance audits of law enforcement agencies through the State Auditor's Office (SAO). An adopted amendment now requires the SAO to conduct a compliance audit at the conclusion of any deadly force investigation. Previously, the SAO was authorized to conduct these investigations but not required to do so. Additionally, legislators added language stating that law enforcement agencies are not financially liable for any costs or fees associated with the SAO conducting audits under this section. The bill retains language that allows the SAO to conduct audits of law enforcement agencies to ensure the agencies are compliant with all applicable state laws, policies, and procedures. HB 1089 received a public hearing in the House Appropriates Committee on Monday, February 1. SB 5051, sponsored by Rep. (D–Everett) and Rep. Roger Goodman (D– Kirkland), expands background investigations for applicants of law enforcement and corrections officer positions. It also broadens the grounds for officer decertification. An amendment adopted by the Senate Law & Justice Committee requires an employing agency, when conducting a background check, to inquire about an applicant’s affiliation with extremist organizations and to make a review of the applicant’s social media accounts. Once a background check is complete, the hiring agency must certify to the Criminal Justice Training Commission (CJTC) that it found no information that would disqualify the applicant. Additionally, the amendment states that the CJTC must deny or revoke an officer’s certification if the officer was terminated by an agency for certain conduct, including discriminatory conduct, regardless of whether the employing agency had already disciplined the officer. SB 5051 received a public hearing in the Senate Ways & Means Committee on Monday, February 1. AWC supports both bills and recognizes that more input from stakeholders is needed.

Dates to remember HB 1089 is scheduled for executive session in the House Appropriations Committee on Thursday, February 4 at 3:30 pm.

continued 20 AWC Legislative Bulletin Police data reporting bill receives amendments, Senate Republicans propose competing bill Contact: Sharon Swanson, Jacob Ewing HB 1092, sponsored by Rep. John Lovick (D–Everett), passed out of the House Public Safety Committee in mid-January with a series of amendments. The bill requires Washington State University (WSU) to gather and report data collected from law enforcement agencies. A major change to the bill was the removal of requirements to collect and report data on tort payouts. Law enforcement agencies and AWC supported this change. The amendment also added a requirement to collect and report data on vehicular pursuits. If passed, agencies will begin reporting use of deadly force data beginning no later than July 1, 2022, with other metrics to be reported at a later date. SB 5259, sponsored by Sen. T’wina Nobles (D–Fircrest), is the companion bill to HB 1092. The bill is scheduled for its first public hearing this week in the Senate Law & Justice Committee. SB 5261, sponsored by Sen. Mike Padden (R–Spokane Valley), also establishes a data reporting requirement for law enforcement agencies. However, instead of reporting to WSU, agencies would report metrics to the Washington Association of Sheriffs and Police Chiefs (WASPC). WASPC would develop a system to collect the information and publish an annual public report. Required metrics would include: • Use of deadly force; • Personnel complaints filed against officers leading to an investigation; • Pursuit incidences; and • Patrol car crashes.

Dates to remember HB 1092 is scheduled for executive session in the House Appropriations Committee on Thursday, February 4 at 3:30 pm. SB 5259 is scheduled for public hearing in the Senate Law & Justice Committee on Tuesday, February 2 at 10:30 am. The bill is scheduled for executive session in the same committee on Thursday, February 4 at 10:30 am. SB 5261 is scheduled for public hearing in the Senate Law & Justice Committee on Tuesday, February 2 at 10:30 am. The bill is scheduled for executive session in the same committee on Thursday, February 4 at 10:30 am.

continued AWC Legislative Bulletin 21 Public works & infrastructure Bill to expand public works contracts, apprenticeship requirements Contact: Carl Schroeder, Maggie Douglas HB 1308, sponsored by Rep. (D–Spokane), expands apprenticeship requirements for city public works contracts and subcontracts. Currently, all public works projects estimated to cost more than $1 million must require at least 15% of labor hours to be performed by apprentices but does not require subcontractors to meet this standard. This bill expands apprenticeship requirements to include subcontractors, requiring all projects over $200,000 to have at least 15% of labor hours to be performed by apprentices.

Dates to remember HB 1308 is scheduled for public hearing in the House Capital Budget Committee on February 2 at 1:30 pm. Transportation FMSIB releases annual report Contact: Marian Dacca, Maggie Douglas The Freight Mobility Strategic Investment Board (FMSIB) recently released its annual report, highlighting the six projects completed in 2020 and eight currently underway. FMSIB, established in 1998, is responsible for identifying and ranking construction projects designed to improve freight mobility by reducing traffic conflicts. The Board leverages money provided by the Legislature to attract funding partners and complete freight projects: in the last 22 years, FMSIB invested $331 million of state funds in 81 projects and leveraged $2.1 billion in asset value. Each dollar FMSIB invests in freight mobility generates at least $6.40 in additional port, federal, state, county, city, and private sector funding. Several FMSIB projects, completed in 2020, have let to positive net impacts for city freight systems, including: • City of Fife/Port of Tacoma Interchange Project (Phase 1): providing exit ramps to connect to a signaled intersection, thereby reducing freight queues when entering and leaving Port of Tacoma Road. • City of Seattle, South Lander Street Grade Separation: connecting east and west portions of Seattle’s SODO neighborhood and providing access between regional transit hubs and employment centers. • City of Spokane Valley, Barker Road Corridor Widening Spokane River to SR 290 (Phase 1): improving safety at railroad crossings by separating vehicle traffic from train traffic in the 42-mile corridor between Spokane, Washington and Athol, Idaho. For more details regarding completed and ongoing projects, visit FMSIB’s project portfolio (https://fmsib.wa.gov/projects). To view the full report, click here (https:// fmsib.wa.gov/sites/default/files/2021-01/FMSIB_AR2020_Final_Electronic_1.pdf).

continued 22 AWC Legislative Bulletin Senate Democrats unveil transportation revenue package Contact: Marian Dacca, Maggie Douglas On Wednesday, January 27, Sen. Steve Hobbs (D-Lake Stevens), Chair of the Senate Transportation Committee, released his nearly $19 billion transportation revenue package. The proposal includes the following revenue sources: • Fuel tax: increase of $0.06 • Tax on new construction • Per trip tax on for-hire vehicles • Rental car tax • Air quality surcharge on the purchase of new vehicles • Various other taxes and fees The proposal also includes two carbon-based options to generate revenue: • Option 1: A carbon fee of $20 per metric ton • Option 2: 50% of state revenues generated from a Cap and Invest system Other key investments included in the proposal: • Transportation Improvement Board (TIB): $100 million • Freight Mobility Strategic Investment Board (FMSIB): $50 million • Fish passage barrier removal: $3.5 billion, including investments based on watersheds and funding for both state and local culverts • Direct distributions to cities and counties for local maintenance and operation needs: $375 million • Bicycle/pedestrian improvements: $165 million • Safe Routes to Schools: $60 million • Complete Streets (administered through TIB): $90 million A brief summary of the revenue proposal can be found here (http://leap.leg. wa.gov/leap/Budget/Detail/2021/stHobbsNewLawRevenueSummary012821. pdf). A summary of the expenditures can be found here (http://leap.leg. wa.gov/leap/Budget/Detail/2021/stHobbsBalancSheet012821.pdf). The current project list can be found here (http://leap.leg.wa.gov/leap/Budget/Detail/2021/ stHobbsNewLawProjectList012821.pdf). On January 28, Marian Dacca testified (https://www.tvw.org/watch/?clientID=937 5922947&eventID=2021011443&startStreamAt=6045&autoStartStream=true) on behalf of AWC, expressing support for a transportation revenue package. She shared data from the recent Joint Transportation Committee study that found that in the next ten years, cities will need to spend $20-$28 billion to maintain and improve our transportation assets, not including what is needed for deferred maintenance and preservation. She acknowledged that the development of a proposal is an ever- evolving process and that cities will continue working on legislation that supports cities’ diverse transportation needs.

continued AWC Legislative Bulletin 23 AWC Legislative Contacts During the legislative session, AWC’s lobbyists often are unable to return your phone calls immediately. If you have a legislative or specific issue question, please request AWC’s analyst staff, or send them an email. Call AWC at (360) 753-4137 or 1-800-562-8981

Candice Bock Maggie Douglas Director of Government Relations Legislative Policy Analyst [email protected] [email protected] Issue areas – Economic development; Issues areas – Energy; finance; public federal; finance; human resources, labor works; telecommunications relations & pensions; open government Matt Doumit Marian Dacca Legislative Policy Analyst Government Relations Advocate Issue areas – Human resources; labor [email protected] relations; pensions Issue areas – Economic development; energy; telecommunications; Jacob Ewing transportation Legislative Policy Analyst [email protected] Carl Schroeder Issue areas – Cannabis; economic Government Relations Advocate development; emergency management [email protected] & cybersecurity; general government; Issue areas – Building codes; human services & behavioral health; environment & natural resources; liability; open government; public safety housing & homelessness; land use & & criminal justice planning Shannon McClelland Sharon Swanson Legislative Policy Analyst Government Relations Advocate [email protected] [email protected] Issue areas – Building codes; Issue areas – Cannabis; emergency environment & natural resources; management & cybersecurity; housing & homelessness; land use & general government; human services planning; transportation & behavioral health; liability; open government; public safety & criminal Emma Shepard justice Strategic Content Analyst

Brianna Morin Government Relations Assistant AWC CEO Issue areas – Federal Peter B. King, [email protected] AWC Officers President Soo Ing-Moody, Mayor, Twisp Vice President Kent Keel, Mayor, University Place Secretary Candace Mumm, Councilmember, Spokane Immediate Past President Ed Stern, Councilmember, Poulsbo Past President Don Britain, Mayor, Kennewick Large City Representative Keith Blocker, Deputy Mayor, Tacoma For a complete list of AWC Board of Directors, visit wacities.org/boardofdirectors.continued 24 AWC Legislative Bulletin