Washington State Policy Update

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Initiative on Agriculture Washington State Policy Update Income Tax Fight, Labor Reform, and Hirst are top of mind for state policy concerns

About Washington Policy Center Independent, non-profit 501(c)(3), non-partisan, independent think tank in Washington state Promotes sound public policy based on high quality research and free-market SOLUTIONS Seeks to improve the lives of Washington state citizens "Washington Policy Center is an important player in state policymaking. It has earned respect and gained influence with decision makers who want to create a more efficient government. - Cathy McMorris Rodgers, U.S. House of Representatives (R-Spokane)

WPC Key Stats Staff of 21 Annual budget of $3.1 million 4 offices: Seattle, Olympia, Spokane, Tri-Cities Average of 6 media hits per day Operates WashingtonVotes.org 7 Research Centers (soon to be 18)

WPC s Research Centers Public Policy Agriculture Education Environment Gov t Reform Health Care Small Business & Labor Reform Transportation Charter Schools Lowered Debt Rejected state income taxes Expanded public/private partnerships SOLUTIONS Highway Tolls for Hwy purposes Gov t Efficiency Rejected New Taxes Repealed taxes Regulatory Relief

WPC s Current Research Priorities 1 2 Making 3 Providing Washington State Income Tax State law prohibits local income tax For 8 decades the state courts have ruled that income is property and a progressive income tax is unconstitutional Local governments can only have taxing authority by legislative approval State law prohibits a local government from imposing a tax on net income Currently, no personal or corporate income tax is a selling point for Washington November 17 th trial in King Co. Superior Court ruled against Seattle s attempts An appeal is a long shot however Seattle Mayor said they are going to try The legal way to obtain an income tax is through a constitutional amendment Washington State a Right to Work State WA is currently one of 22 states with a right to work law Right to work gives workers choice and allows them not to fear firing for not joining a union The current Janus legal challenge will be heard early next year by the US Supreme Court, with the potential of making all 22 a right to work state a Hirst Fix to Washington Families Failed to provide a solution during the 2017 legislative session The new balance within the state legislature affects the outlook for 2018 s 60- day session

A disconnect exists between the consumers, public officials, & farmers Farmers Consumers trust farmers far more than scientists, nutritionists, government agencies, companies engaged in farming or agriculture, even social media contacts outside agriculture. Consumers RESULT: An ever increasing burden of regulations for farmers with a high cost and little to no benefit Special interest groups push negative messages, attempting to describe farm practices. Special Interest Groups Ag Organizations Multiple organizations lobby and work with public officials on behalf of agriculture. Public Officials Special interest groups lobby onbehalf of the consumer, claiming to represent their demands. How do we work to shrink the rural/urban divide?

Washington s water law is played Humpty Dumpty, and the Hirst case pushed it off the wall 3 court cases upset the balance Swinomish v. Ecology (2013) Foster v. Ecology and City of Yelm (2015) Hirst v. W. Wash. Growth Mgmt (2016) 1948 1967 1971 Water Flow Policy Minimum Water Flows & Levels Act Water Resources Act Instream flow rules 1989 Washington s Growth Management Act 1997 Watershed Planning Act Hirst placed WA water law in conflict with GMA and all these cases work together to stop development.

The Hirst ruling created unfair costs for all taxpayers with little to no benefit for any party Is Hirst worth the costs? 15% of state s population 2,500 permits/ year (2008-2014) 80% of wells are in 20% of the area 0.9% OF THE WATER CONSUMPTION Overall, it is a negligible amount of water that hurts far more than any benefit for salmon $15,000-100,000 cost of a hydrogeological study Makes water unaffordable with a gross selling price of $5,900-11,000 per residential unit Much higher than the price in exempt regions Increases property values with a home by 27% Decreases undeveloped property values by 32% Swinomish reduced property tax collections by $22 million

SB 5239 s failure prolongs the consequences of Hirst, leaving us with costly burdens OCTOBER 2016: Ecology filed a brief asking the court to find that the Nooksack Rule protected the county s streams and rivers. We re disappointed the Supreme Court didn t uphold the Ecology s interpretation of the Nooksack Rule. -Washington State Department of Ecology 2017 LEGISLATIVE SESSION: Ecology testifies against Senate Bill 5239, arguing for more government oversight and in support of SB 5024 (failed to clear Senate). Then testified in support of amendments in the House to SB 5239, that would have increased oversight as well. SB 5239 Failed. SB 5239 would have resolved the contradiction between GMA and the water law We sent House Democrats a reasonable and affordable solution for Hirst weeks ago. But they killed our bipartisan remedy and didn't pass any bills of their own, even though the situation around small, household wells continues to get worse for Washington families. Sen. Warnick Asked whether he could support the Senate s Hirst bill, Governor Inslee gave a short reply. I haven t looked at it in detail. I can t answer that, he said.

The stand-off on Hirst is set to widen the gap between rural and urban Washington The third special session ended on July 20 th without a Capital Budget and without a solution to the Hirst ruling. Conversations between elected officials is still ongoing though many experts are not expecting anything to come about until after the elections. Hirst Solution Property Taxes redistributed in Rural Washington affecting funding indefinitely for: Education, libraries, police, firefighters, parks, and other community services CAPITAL BUDGET Solution to Hirst vs. Capital Budget Funding for special projects throughout WA for a 2-year budget Schools construction, housing and water projects. Widening the gap between rural and urban Washington is more than a water issue, it is about homes and families. Madi Clark, Tri-Cities Area Journal of Business

A recent study by Building Industry Association of Washington (BIAW) estimates Hirst s impact BIAW released a study last week proving that Hirst is much more than a water issue. Hirst is having a disastrous impact on rural communities and residents throughout Washington. $6.9 Billion Lost economic activity annually, predominantly in rural WA $452.3 Million Lost employee wages due to the impacts of Hirst, annually Nearly 9,300 Lost jobs (FTEs) in rural Washington, annually $392.7 Million Lost taxes to state and local governments, annually $4.59 Billion $37 Billion $346 Million Losses to the construction industry, annually Lost property values in areas impacted by Hirst Property taxes shifted to other properties in Washington How do Washington communities and families make up this difference?

Post-election update on Hirst With the shift in the Senate to a Democratic majority (the 1 st time in 5 years) the possibility of a Hirst solution is becoming less likely The goal of the 60-day session is to end on time with a resolution to Hirst and also passing the Capital budget that has been held as leverage The Supermajority requirement means the Ds will need Republican support to pass the Capital budget and the Rs have promised to wait for a Hirst fix not a postponement Senate Chair Brian Blake said, My hope is that we can go in, get a Hirst fix, get a capital budget and get out of there in 60 days. Main difficulty in passing a Hirst solution is getting parties to agree on whether Native American tribes have the final say on well approval if they threaten watersheds.

Other Ag Policy Issues in 2018 CARBON TAX Farm Bill Reg. Very likely that a ballot measure that places a carbon tax in front of the voters in 2018 is very likely Would it be more prudent to pass legislation and beat the voters to prevent a more painful carbon legislation alternative? Rep. Debolt (Chehalis Republican) is working on a bill that would classify hydropower as green energy WPC s Environmental Director has come on full time to address this issue The Federal Farm Bill is expected in 2018, though rumors are surfacing that it will not be wrapped up until 2019 Reps. Newhouse and McMorris Rodgers have held Farm Bill Listening Sessions Various opinions exist on how to reform the current Farm Bill because the crop insurance program is proving more costly than promised in 2014 Oversight challenges with Department of Ecology are becoming costly to Washington state and driving jobs out of rural Washington Millennium Bulk Terminal barred from Cowlitz County Pesticide usage by for oyster farmers is also hurt by DOE s slow process FIRST OF THE PRE-FILED BILLS WERE SUBMITTED YESTERDAY DECEMBER 4 TH

Mark your Calendars February 8 th WPC s 2 nd Annual Ag Dinner Thursday, February 8th, 2018 Pasco Red Lion Speakers will be announced soon

Thank-You! Please Visit our Website to Learn More: http://www.washingtonpolicy.org Follow the Agriculture Initiative on Twitter at: @WAPolicyAg