HomeMy WebLinkAbout2025, 02-04 Formal B MeetingMINUTES
City of Spokane Valley
City Council Meeting
Formal B Format
Tuesday, February 4, 2025
Mayor Haley called the meeting to order at 6:00 p.m. The meeting was held in person in Council Chambers,
and also remotely via Zoom meeting.
Attendance:
Councilmembers
Staff
Pam Haley, Mayor
John Hohman, City Manager
Tim Hattenburg, Deputy Mayor
Erik Lamb, Deputy City Manager
Rod Higgins, Councilmember
Gloria Mantz, City Services Administrator
Laura Padden, Councilmember
Kelly Konkright, City Attorney
Jessica Yaeger, Councilmember
Tony Beattie, Sr. Deputy City Attorney
Ben Wick, Councilmember
Chelsie Walls, Finance Director
Al Merkel, Councilmember
Jill Smith, Communications Manager
Mike Basinger, Economic Development Director
Dave Ellis, Police Chief
John Whitehead, HR Director
Robert Blegen, Public Works Director
Virginia Clough, Legislative Policy Coordinator
Jenny Nickerson, Building Official
Sarah Farr, Accounting & Finance Program Mngr
Justan Kinsel, IT Specialist
Marci Patterson, City Clerk
INVOCATION:
PLEDGE OF ALLEGIANCE: Council, staff and the audience stood for the Pledge of Allegiance.
ROLL CALL: City Clerk Patterson called roll; all Councilmembers were present.
APPROVAL OF AMENDED AGENDA It was moved by Deputy Mayor Hattenburg, seconded to amend
the agenda to include an executive session for potential litigation. Councilmember Merkel questioned the
need for the amended agenda and if it was an emergency. Deputy Mayor Hattenburg noted there had been a
meeting the day before and a need to speak about it in Executive Session. Vote by acclamation: in favor:
Unanimous. Opposed: None. Motion carried.
SPECIAL GUESTS/PRESENTATIONS:
PROCLAMATIONS:
GENERAL PUBLIC COMMENT OPPORTUNITY: After Mayor Haley explained the process, she
invited public comments. Al Shrock, Spokane Valley provided comments.
ACTION ITEMS:
1. Ordinance 24-018: Second Read Amend SVMC 7.05 Camnina on Private Property - Kelly Konkriaht
After City Clerk Patterson read the Ordinance title, it was moved by Deputy Mayor Hattenburg, seconded to
approve Ordinance 24-018 Amending Chapters 7.05, 19.65, and 19.160, SVMC, Relating to Camping on
Private Property. Mr. Konkright provided details relating to the ordinance amendments and changes that
were made from the previous presentation of the ordinance. Council discussed costs for fees incurred and
requirements for a renter. Councilmember Merkel made a motion to replace the language with the language
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presented to council. Without a second the motion died. Mayor Haley invited public comments. Ben Lund,
Spokane Valley and Al Shrock, Spokane Valley provided comments. Vote by acclamation: in favor: Mayor
Haley, Deputy Mayor Hattenburg, Councilmembers Wick, Higgins, Padden and Yaeger. Opposed:
Councilmember Merkel. Motion carried.
It was moved by Deputy Mayor Hattenburg and seconded to adjourn into Executive Session for
approximately 20 minutes to discuss potential litigation and that action may be taken upon return to open
session. Vote by acclamation: in favor: Unanimous. Opposed.• None. Motion carried. Mayor Haley asked
that Councilmember Merkel recuse himself from the Executive Session and he denied the request. Council
adjourned into Executive Session at 6:19pm. Senior Deputy City Attorney Beattie returned at 6:39pm and
noted an additional ten-minute extension. Council returned from Executive Session at 6:49pm.
Mayor Haley called for a recess at 6: 50pm for 10 minutes and that the meeting would resume at 7: 06pm.
IA. Additional Action Item: Authorizing Litigation Against Councilmember to Protect City from PRA
Liability - Kelly Konkright
It was moved by Deputy Mayor Hattenburg and seconded to allow council to direct the City Manager to
cause legal action be filed in an appropriate tribunal and which seeks to compel Councilmember Merkel to
comply with the Washington Public Records Act and the Council's Governance Manual in his use of social
media, cell phones, emails, and other records to the extent (1) the records constitute public records, and (2)
Councilmember Merkel has not made them available to the City for production to third parties requests for
those records. Mayor Haley called for Councilmember Merkel to recuse himself and he refused to recuse
himself. Mayor Haley asked a second time for compliance for him to recuse himself and he refused a second
time. Mayor Haley asked IT staff to turn off Councilmember Merkel's mic for the duration of the item. Mr.
Hohman provided details of the legal action request and noted that the city doesn't wish to have to do this,
but he leaves us no choice as we have third parry requests that have been left unfinished and the lack of
compliance with the Governance Manual and state law. Mr. Hohman gave a detailed history of the
compliance problems with Councilmember Merkel that included an initial complaint from staff and a
member of council. Mr. Hohman did appreciate Councilmember Merkel's compliance with directing any of
his correspondence to Mr. Hohman from there forward. Mr. Hohman continued highlighting the history of
concerns that included Councilmember Merkel's unfounded complaint that was filed, and a third -party
investigator was brought in to review the complaint. There was no action to follow up on that complaint as
it was determined unfounded. Councilmember Yaeger filed an official complaint regarding Councilmember
Merkel's use of his social media accounts. There was an independent investigation that was done and a
report that was provided on September 3rd and found Councilmember Merkel in violation of the Governance
Manual and the legal term "more likely than not" in violation of the Public Records Act. Councilmember
Merkel had a opportunity to file an appeal on the report and he filed the report and that process alone cost
the city roughly $80,000. The appeal was heard by the Hearings Examiner that we use for other topics as
well and is done independently from the city. The hearing was October 24"' by Mr. Kottkamp and his
decision came in on December 13"' and confirmed the findings of the initial investigation and rejected all of
his proposed defenses. Shortly after that the council held a special meeting, to review the final ruling and
ultimately the council voted 6-0 to censure Councilmember Merkel and remove him from the one committee
he was on and not allow him on any committees through the remainder of his term. Mr. Hohman provided
details on the reason Councilmember Merkel was removed from the committee. Council also requested the
city manager review the legal options for the city moving forward. Councilmember Merkel started the new
year off by creating an account and it was connected to the software for retention. Mr. Hohman provided
details on how the software captures information and what type of posts Councilmember Merkel was
continuing to post. These posts are part of the concern as we have received public records requests and are
unable to fulfill the requests as the software does not capture posts or information on someone else's page.
Recently Councilmember Merkel notified the city that Nextdoor closed his city account and reactivated his
personal account and that is what he continues to conduct business on. The city has made attempts to get
past records and while some of them have been provided, not all of them have been provided and those that
have been provided are not what can be given to the requestor as they are incomplete. Mr. Hohman stated
that we have a duty to protect our taxpayers and because the city will be held accountable for his actions and
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where the public records act is very specific regarding these matters. This can result in monetary fines each
day and ultimately erodes public trust and prevents us from being transparent to the public. The city has
received over 60 public records requests related to councilmember Merkel's activity. Mr. Hohman also
detailed the penalties, fees and fines that the city would be held responsible for if sued and that the city's
insurance company would not cover those costs. Mr. Hohman went on to explain that the city has made
numerous accommodations for Councilmember Merkel to comply, and he has yet to do so. Numerous text
messages, voicemails, social media posts were not provided. Declarations that Councilmember Merkel
altered and then signed were provided back to the city. City Manager Hohman noted that the city needs to
be focused on our goals and moving the city forward and asked that Mr. Konkright provide further details
on what the city can do. Mr. Konkright noted that the city did not receive all the declarations back and what
was provided had been altered and then signed and were still deficient as the correct information was not
provided. Mr. Konkright noted that the failure to fully comply with the social media policy was a problem.
The Excel spreadsheets that were provided did not satisfy the request as it was not in its original form and
not in a format that one could follow. There is an obligation under the law to provide the records in their
native format and that was not done with the spreadsheets. There are a number of concerns that need to be
addressed if council chooses to move this forward. Mr. Konkright continued to provide the details about
what the city would need to do to protect itself should someone sue the city for the records and that moving
forward with this is the only option for protection. Councilmember Yaeger asked how much more this will
cost? Mr. Konkright noted that it depends on how long the litigation may take, also depends on the actions
of the other party, but could be anywhere from $50k to $100k. Councilmember Padden questioned why his
official city account was shut down? Mr. Konkright noted that he said it was a duplicate account per the
correspondence provided. Councilmember Padden asked about the insurance person coming to provide a
presentation and noted that it was done previously and wanted to know how did the first presentation went?
Mr. Hohman noted that this was not done in open session and was done for new council orientation and that
he was combative and Mr. Hohman didn't see a lot of effort to understand or agree with the insurance
authority. Councilmember Yaeger wanted to clarify that she also received the same training as well and
want the public to know that Councilmember Merkel was not singled out in the training. Councilmember
Padden stated that our insurance could say this is a risky person and may not want to cover the city moving
forward. Mr. Hohman agreed with the statement. Mayor Haley called for public comment. Ben Lund,
Spokane Valley; John Harding, Spokane Valley provided comments. Council closed with final statements
and noted that Councilmember Merkel refused to recuse himself and Councilmember Higgins noted that this
it a time for action. Councilmember Wick stated that he doesn't want to be here either, could have spent time
in other meetings on other topics, but it is hard to refute the staff and independent investigator, we need to
exhaust what we can to get those records, and he doesn't see that we have any other option. Deputy Mayor
Hattenburg agreed with the others, noted Councilmember Merkel's disrespect to staff, and noted that it
would be nice to have some cooperation. Mayor Haley closed with stating that she doesn't want to be here
either, but we have been asking since the day he was here and that this is a huge financial risk to the city.
Vote by acclamation: in favor: Mayor Haley, Deputy Mayor Hattenburg, Councilmembers Wick, Higgins,
Padden and Yaeger. Opposed.• None. Motion carried.
NON -ACTION ITEMS
2. Admin Report: ILA with SVFD -Jenny Nickerson, Erik Lamb
Mr. Lamb and Ms. Nickerson presented an interlocal agreement with Spokane Vallet Fire Department for
building permit and land use permit application reviews, inspections of new and existing buildings, and
enforcement of the International Fire Code as adopted pursuant to Chapter 24.40 SVMC. The proposed draft
interlocal agreement maintains the same primary services that have been in place since 2006 and contains
updated language to (1) clarify the fees that each party is responsible for collecting, (2) clarify the process
for collecting and distributing those fees as may be appropriate to the other party, and (3) providing minor
updates to the agreement such as grammar, formatting, and updates to things such as addresses or titles.
Council did not have any questions and provided consensus to return at a later date with a motion to approve
the interlocal agreement.
3. Admin Report: Retail Theft Grant Update — Chief Ellis
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Chief Ellis reviewed information on the retail theft grant that included grant goals and specific measurables
with a PowerPoint presentation. He also reviewed the planned operations and gave a brief overview of the
sentinel program that Spokane County runs. Council discussed funds for the grant and if this was a joint
grant with the County. They also discussed the success rate of the program and the breakdown of where the
funds will go from the grant. Council thanked Chief Ellis for the detailed update.
4. Admin Report: Ecology Solid Waste Grant Opportunity — Erik Lamb
Mr. Lamb provided details on the grant program and what the funding may be used for. He noted that funding
may be allocated for our responses for homeless encampment cleanup efforts, garbage removal, lithium -ion
battery disposal, and noted that this is a reimbursement -based grant with a match. Council discussed the
various options that the funding could be used for and noted that some of the options are things that we
currently do and would be able to get reimbursed for those options through the grant. Council provided
consensus to return at a later date with a motion to apply for the grant.
GENERAL PUBLIC COMMENT OPPORTUNITY: Mayor Haley stated that the general public
comment rules still apply and called for public comments. Mr. John Harding, Spokane Valley provided
comment. Mr. Hohman corrected some of the misinformation that had previously been brought up and noted
that staff and council had made a lot of progress on the planning for the additional officers and the funding
for those officers.
COUNCIL COMMENTS
Councilmember Merkel stated that there was talk tonight about not silencing me. He stated that there was a
lot of whining from six persons on this council and a whole city staff that can't get to work because of me.
He noted that he had nothing to do with the agenda for the evening, nor the secret safety committee. He
questioned how many more tragedies do we need before council prioritizes public safety and spoke about
incidents that happened over the last week. He spoke about the public records requests and that he submitted
the documents and was told it's not enough. He continued to note that this will go in front of an actual judge,
not a paid person, not a lawyer, but a judge.
Councilmember Wick regarding a public comment around council conversations and that there is something
coming up. He also noted that he will miss the meeting next week.
Councilmember Higgins had no comments.
Councilmember Padden spoke about the metrics from Councilmember Merkel on what makes a good
councilmernber. She spoke about asking a lot of questions and adding items to the advance agenda. She
reviewed what makes a good councilmember from sources such as MRSC and the Institute of Local
Governments and noted respect for all, respect state law, high personal standards of character and ethics,
and builds consensus without bullying and manipulating. She spoke about what good things the city has
done.
Councilmember Yaeger addressed a comment made by Councilmember Merkel on Nextdoor where he
claimed that she only spoke up to verbally attack him. She stated that it was not a truthful statement. She
noted that she takes her role very seriously and that she is one of the most active councilmembers and strives
to serve the public.
Deputy Mayor Hattenburg spoke about the public safety meetings and that they are not secret and that they
do not take any action in the meetings and all the recommendations are brought to council for discussion.
Mayor Haley noted that Councilmember Merkel says we say he doesn't understand and then lie makes
statements that show he doesn't understand. She went on to explain that we do a budget workshop in March
and continue to work on it for the remainder of the year, the 2025 budget is done and approved.
CITY MANAGER COMMENTS
City Manager Hohman took the time to correct more misinformation that was said this evening and asked
Mr. Konkright to give clarification as well. Mr. Konkright stated that Councilmember Merkel had provided
the Nextdoor password, but that it is a two -factor authentication and requires an approval from the persons
electronic device and the city does not have access to his personal cell phone in order to access/download
the account and get any of the past information. While on the phone with Councilmember Merkel, staff went
to the Nextdoor app to request the information and they noted that someone had already requested the
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information and he said it wasn't him and that it must have been someone else that asked for the information
using the two -factor authentication. He was also supposed to let staff know when the download link from
Nextdoor would be ready so that staff could be provided that information. Mr. Konkright further detailed
the process for the request for the documents from Nextdoor. Councilmember Merkel stated that he would
like to respond and Mr. Hohman noted that he was still speaking. Councilmember Merkel said that he doesn't
get to make that determination and Mr. Hohman said that it is still City Manager Comments. Councilmember
Merkel poised a point of order and stated that the city manager doesn't get to make determinations like that.
Mayor Haley noted that there is also nothing that says you can point of order the city manager. Mayor Haley
called for a vote on his point of order. Vote by acclamation: in favor: Councilmember Merkel. Opposed:
Mayor Haley, Deputy Mayor Hattenburg, Councilmembers Wick, Higgins, Padden and Yaeger. Motion
Failed. City Manager Hohman continued his comments and spoke about a couple of the upcoming projects
including the Wellesley Pavement Preservation project near East Valley High School with an open house
opportunity for the project options, WSDOT pedestrian bridge over I-90 and they are seeking input from the
public on that as well.
It was moved by Deputy Mayor Hattenburg, seconded to adjourn. Vote by acclamation: infavor: Mayor
Haley, Deputy Mayor Hattenburg, Councilmembers Wick, Higgins, Padden and Yaeger. Opposed:
Councilmember Merkel. Motion carried. The meeting was adjourned at 8:34 p.m.
A ST:
Marci tterson, City Clerk
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Pam Haley, Mayor
Council Meeting Minutes, Study Session: 02-04-2025
Approved by Council: 01-13-2026
Page 5 of 5
PUBLIC COMMENT SIGN -IN SHEET
SPOKANE VALLEY CITY COUNCIL MEETING
Tuesday, February 4, 2025
6:00 p.m.
GENERAL PUBLIC COMMENT OPPORTUNITY
#1
Please sign up to speak for up to THREE minutes and the Mayor will afford the public the opportunity to
speak. The public comment opportunity is limited to a maximum of 45 minutes.
You may only speak at one of the comment opportunities, not at both public comment opportunities.
NAME TOPIC YOU WILL SPEAK
PLEASE PRINT ABOUT YOUR CITY OF RESIDENCE
Please note that once information is entered on this form, it becomes a public record subject to public disclosure.
February 4, 2025
City Council Meeting
Al Shrock, Spokane Valley resident
I just want to say that I appreciate the report from Mr Hohman on the accomplishments of our city in
2024. My wife, Debbie and I are learning a lot about our city since we started attending these council
meetings. Thank you all for devoting the time necessary to accomplish the many tasks that keep our
city beautiful, safe and operating efficiently.
I know that when humans are involved, we will have different ideas and solutions, and that's a good
thing in my opinion. It's not always easy looking through the lens from another's viewpoint, but at
times it's necessary to achieve a successful outcome.
And that brings up a thought regarding Ordinance 24-018. The wording that was provided by Mr.
Konkright presents this issue in a viable manner in that there are guidelines for all who reside in or visit
our city.
1) the enforcement of addressing unwanted nuisances that requires accountability, and
2) the directives that encourage respect for our neighbors while maintaining property owners
rights, thus resulting in a happy, healthy community.
And finally, am I correct in understanding that we as the public, cannot ask questions at these
meetings? How can we as citizens have a dialog with you on any given subject? Has there been a time
set aside for citizens to bring questions to the council where we can get your response? If someone
would direct me on this matter, it would be greatly appreciated.
Thank you again for the time to speak to you.
Ordinance No. [XXXX] — Responsibility for Securing Undeveloped Property & Trespassing Enforcement
Section 1: Property Owner Responsibilities
A. Owners of undeveloped property are responsible for preventing unauthorized access and trespassing.
The City recommends securing such properties by:
1. Installing and maintaining a fence at least six (6) feet in height around the perimeter of the
property.
2. Posting "No Trespassing" signs at all entrances and at reasonable intervals along the property
boundary.
B. If an undeveloped property is secured with fencing and posted with "No Trespassing" signs, any
person found on the property without a valid key, access code, or verifiable permission from the owner
may be considered trespassing.
C. If an undeveloped property is posted with "No Trespassing" signs but not fenced, any person found
camping on the property without verifiable written permission from the registered property owner
may be considered trespassing.
D. If an undeveloped property is neither fenced nor posted with "No Trespassing" signs, the City shall
issue a notice to the property owner upon discovery of unauthorized camping. The owner shall be
required to remove all unauthorized encampments and clean up the property within twenty-one (21)
days.
E. If unauthorized camping is not addressed within 21 days, the City may take enforcement action,
including abatement at the owner's expense.
Section 2: No Trespassing Agreement (Voluntary Registration Program)
A. The City shall establish a Voluntary No Trespassing Agreement Program, allowing owners of
undeveloped property to register a No Trespassing Agreement with the City.
B. The No Trespassing Agreement shall include:
1. A declaration stating that trespassing is not permitted on the property.
2. A working contact number for emergency situations where someone is reachable within 1 days
time.
C. Property owners who register a No Trespassing Agreement shall receive the following benefits:
1. Priority law enforcement response for trespassing complaints.
2. Exemption from all abatement fees, provided unauthorized encampments are reported within
14 days of discovery.
D. Failure to register is not a violation and shall not result in fines or penalties.
Section 3: Abatement Fees for Unsecured & Non -Registered Properties
A. If an undeveloped property is not secured (i.e., does not have fencing or "No Trespassing" signs) and
is not registered in the No Trespassing Agreement Program, the property owner shall be subject to an
abatement fee of $400 per month, beginning 21 days after receiving a City -issued notice of violation.
B. Accumulated abatement fees shall be used to cover the cost of City -led abatement if an owner fails
to clear unauthorized encampments. Once abatement fees reach the estimated cost of cleanup, the City
may proceed with abatement at the owner's expense.
C. The maximum annual abatement fee shall not exceed $4,800 per property.
D. No abatement fees shall apply to property that is registered in the No Trespassing Agreement
Program.
Section 4: Law Enforcement Authority & Trespassing Investigations
A. Law enforcement officers may investigate potential trespassing violations on secured property if
there is reasonable suspicion based on observable evidence, including but not limited to:
1. Signs of recent entry (disturbed fencing, cut locks, forced openings).
2. Visible makeshift encampments or abandoned belongings.
3. Reports from neighboring property owners regarding unauthorized activity.
Section 5: Enforcement & Due Process
A. Property Owners' Rights & Appeals
1. Property owners shall have the right to appeal any enforcement actions, including abatement
orders, within 14 days of receiving a notice of violation.
2. Appeals shall be reviewed by the City Hearing Examiner, with further appeals directed through
the superior court.
C. Penalties for Repeat Violations
1. If a property owner fails to comply with an abatement notice within 21 days, the City may
impose a fine of $400 per month for continued noncompliance, not exceeding $4,800 per year.
2. Property owners may request an extension for cleanup, subject to City approval.
Spokane
Valle,,;0o*10210 E Sprague Avenue 0 Spokane Valley WA 99206
Y Phone: (509) 720-5000 ❑ www.SpokaneValleyWA.gov
Memorandum
To: Mayor and City Council
From: Virginia Clough, Legislative Policy Coordinator
Date: February 4, 2025
Re: Gordon Thomas Honeywell — Government Relations
Legislative Report — Feb. 2, 2025
Please find attached Gordon Thomas Honeywell's legislative report that recaps week
three of the session and provides information about some of our legislative agenda items.
Couple of items to note:
• HB 1260 (our city's document recording fee bill) had a public hearing and is
scheduled for a committee vote on Feb. 6. As of this morning, we are working on
getting final agreement on the proposed language among King and Spokane
Counties and the city.
• HB 1258 (911 funding — SREC) — had a public hearing on Thursday while we were
in Olympia and we were able to hear some of the testimony. We signed in opposed
to the bill.
• HB 1256 (Buy America Bill) — we signed in "other" and shared our concerns with
Briahna and Dan Wilson of the Steelworkers Union. I was in touch with Dan this
morning and he will share our concerns when he returns to Olympia tomorrow and
hopefully work to see if amendments can be made.
Week four is extremely busy. We have signed in on 14 bills so far, with a handful still
under review for later this week. This week we are testifying on:
• SSB 5060 (Law Enforcement hiring grant program) — Senate Ways & Means (Pro)
• SB 5547 (Increasing cannabis revenue distributions to local governments) —
Senate Ways & Means (Pro)
• HB 1428 (Municipal criminal justice assistance account) — House Appropriations
(Pro)
Unfortunately, we had also planned to testify in favor of HB 1095 and HB 1436, both
related to the sales and use tax for law enforcement and criminal justice purposes, but
those hearings that were scheduled for Friday, Feb. 7, were removed.
Over the first four weeks, we've signed in or testified on 43 bills and evaluated or provided
feedback on dozens more.
GORDON THOMAS HONEYWELL
GOVERNMENT RELATIONS
City of Spokane Valley
Legislative Report
February 2, 2025
SESSION CUTOFF CALENDAR
February 21, 2025
Policy Committee Deadline
February 28, 2025
Fiscal Committee Deadline
March 12, 2025
Chamber -of -Origin Deadline
April 2, 2025
Opposite Chamber Policy Committee Deadline
April 8, 2025
Opposite Chamber Fiscal Committee Deadline
April 16, 2025
Opposite Chamber Deadline
April 27, 2025
Session adjourns - Sine Die
Weekly Overview
The House and Senate policy committees have three weeks remaining to hold public hearings
and vote on bills before the first policy cutoff on February 21. As bills pass out of policy
committees, they will be referred to a second fiscal committee if they raise or reduce state
revenues. Bills that do not have a fiscal impact will be referred to the Rules Committee. The
Rules Committee prioritizes what bills advance to the chamber's floor for consideration by the
entire body.
On January 27, Governor Bob Ferguson issued a state Executive Order protecting immigrant
families and responding to family separation. The Department of Children, Youth, and Families
(DCYF) to form a Family Separation Rapid Response Team to make recommendations on how
best to mitigate the impacts of family separation caused by the deportation or detention of
their parents or primary caregivers.
Also this week, President Trump issued a federal Executive Order putting all federal loans and
grants on hold, which state legislators highlighted as adding concern for balancing an operating
budget deficit estimated to be roughly $12 billion over four years.
The Association of Washington Cities (AWC) is hard at work advocating for its members. As
such, we will continue to share their resources in addition to the city's tailored reporting. We
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encourage you to reference the AWC Legislative Bulletin which is posted online weekly and
includes updates on hot -topic bills related to cities and how AWC plans to weigh in.
Legislative Agenda Items
Thank you to City Council for your visit to Olympia on Thursday! We met with the 4th legislative
delegation to discuss the City's top priorities for this session.
Capital Budget Request: Spokane Valley Sport Courts
The City is requesting $800,000 from the capital budget for the construction of the sports
courts at Balfour Park. The sports courts will include two basketball courts and four pickleball
courts. Sen. Leonard Christian and Rep. Rob Chase will take the lead on submitting this request,
with Rep. Suzanne Schmidt supporting.
Transportation Budget Request: Barker/1-90 Interchange
A Seattle Times story this week highlighted that the Transportation Budget is facing a $1 billion
shortfall for the 2025-27 biennium. Both Transportation Committee Chairs are indicating that
the budget will be challenging to balance without new revenue. This article helps explain the
overarching context for the City's $1 million request for the Barker/1-90 Interchange request.
Clarify Administrative Fee Collected on Document Recording Fees
The City is requesting legislation to clarify that the administrative charge collected on document
recording fee revenues dedicated to housing and homelessness does not exceed 10 percent
and to clarify that the agency responsible for managing housing and homelessness receives the
administrative revenue. At the City's request, House Bill 1260 was introduced by Rep. Suzanne
Schmidt (R-4th LD), Rep. Timm Ormbsy (D-3rd LD), and Rep. Natasha Hill (D-3rd LD). The House
Appropriations Committee held a public hearing on the bill on Thursday, January 23 and the bill
is scheduled to be voted on by the committee on February 6.
Other Policy Issues
Fiscal Management
911 Funding Allocation: House Bill 1258, sponsored by Rep. Timm Ormsby (D-3rd LD),
establishes a formula for quarterly revenue transfers, requiring counties to allocate 80 percent
of the calculated revenue based on the number of calls transferred to the municipal system.
The House Finance Committee held a public hearing on the bill on January 30. During the
testimony, representatives from Spokane discussed their 40 years of experience in providing
this service, emphasizing that their system has been effectively managing call transfers at
dispatch centers. Opponents of the bill focused on concerns about potential cuts in other cities,
arguing that such a distribution of resources would not be equitable. They warned that one
city's shortfall should not benefit another, citing public safety implications and the importance
of local rather than state resolutions. The excise tax on multi -county revenue streams is
intended to serve 911 services at the local level. 911 responders indicated that the SREC
regional model has improved public safety in Spokane County, and they find it unacceptable
that some want to opt -out due to disproportionate expenses impacting the broader
community. Others noted that SREC is an effective regional model for emergency call dispatch.
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The proposed bill could undermine this model by removing crucial resources, ultimately
impairing service delivery for the region due to disagreements over board composition and
member numbers.
Housing Affordability
Condominium Liability Reform: House Bill 1403, sponsored by Rep. Jamila Taylor (D-30th LD),
proposes significant updates to condominium construction and defect resolution statutes in
Washington State. The bill introduces differentiated warranty standards for condominiums
created after its effective date, mandates arbitration for monetary claims under $500,000, and
establishes cost and attorney fee assessments for rejected settlement offers in certain
construction defect cases. It also allows developers of specific condominiums, such as small
multiunit buildings or accessory dwelling units, to replace implied warranties with express
warranties backed by insurance, subject to minimum coverage periods. The bill was heard in
the House Civil Rights & Judiciary Committee on January 29. There was supportive testimony
from WA Realtors, Building Industry Association, Master Builders Association, and several
others. There were concerns from the Community Association Institute recognizing the need to
right size liability exposure for condominium developers, but this approach swings the
pendulum too far in the opposite direction and would have unintended consequences possibly
resulting in homeowners facing foreclosure. He urged the committee to take a softer approach
and follow models from other states that don't have challenges with condo construction. The
committee ran out of time to hear all the testifiers so there is a continuation of the hearing in
the same committee on February 7.
Local Decision -Making Authority
Lot Splitting: House Bill 1096, sponsored by Rep. Andrew Barkis (R-2nd LD), mandates that
cities integrate administrative approval of lot splits into short plat regulations in a manner that
allows an applicant to get approval of a lot split and a residential building permit
simultaneously. This bill was considered in the 2024 legislative session and received near
unanimous support from the House of Representatives before stalling in the Senate due to
concerns raised by local jurisdictions. During the legislative interim, the Master Builders
Association has engaged the Association of Washington Cities to address concerns regarding
ensuring a lot created through a lot split has adequate access and utilities. As currently drafted,
the bill reflects some of those conversations but is still a work in progress. The House Housing
Committee approved an amended version of the bill on January 27. The amended version of
the bill integrated implementation changes requested by cities and counties. Click here to view
the list of changes that were made. If there are provisions that are still concerning, please alert
US.
Streamlining Housing Design Review: House Bill 1160, sponsored by Rep. Amy Walen (D-48th
LD), limits local governments to requiring a single architectural drawing for permit applications
and mandates that design reviews be administrative unless required by state or federal law or
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involve landmarks or historic districts. The bill was heard in the House Local Government
Committee on January 28. At the public hearing, the American Planning Association testified in
support of the bill, noting it as a helpful tool to lessen cost burdens and shape the infill of cities
and counties under the Growth Management Act (GMA). They suggested multiple language
changes to provide further clarity. The Building Industry Association of Washington and the
Master Builders Association of King and Snohomish Counties testified "other," stating that their
preference would be to add an additional paragraph with language requiring 'clear and
objective standards' to remain in statute. The Committee heard similar testimony from NAIOP
Washington State against the bill. They echoed previous concerns and requested language
changes regarding 'renderings' as there is simply too much information to fit onto a single
architectural rendering. The bill is scheduled to be voted on by the committee on February 5.
Commerce Oversight of Shelter Permitting: House Bill 1195, sponsored by Rep. Strom Peterson
(D-21st LD), and Senate Bill 5497, sponsored by Senator Emily Alvarado (D-34th LD), mandates
that counties and cities approve permit applications for permanent supportive housing,
transitional housing, indoor emergency housing, and indoor emergency shelters (STEP housing)
through an administrative process only, prohibiting local comprehensive plans or regulations
from precluding such developments. It also establishes a waiver process for applicants
encountering regulatory obstacles and empowers the Department of Commerce to resolve
disputes, enforce compliance, and withhold certain revenues from noncompliant local
governments. The House Housing Committee passed an amended version of HB 1195 along
party lines. The substitute bill incorporates requested changes from cities and counties but is
still a work in progress. It requires a county or city to review for compliance, rather than
approve, any permit application for STEP housing using an administrative process only. It
extends the time by which a city or county must amend a zoning ordinance or development
regulation after a Commerce finding of noncompliance with STEP housing requirements from
60 to 120 days and prohibits cities from approving a permit application for STEP housing in any
area zoned for industrial use. To view the substitute version of the bill, click here. The Senate
Housing Committee is scheduled to hold a public hearing on Senate Bill 5497 on February 5.
Mobile Dwellings Zoning: Senate Bill 5332, sponsored by Sen. Sharon Shewmake (D-42nd LD),
and House Bill 1443, sponsored by Rep. Mia Gregerson (D-33rd LD), require cities and counties
planning under the Growth Management Act to allow at least one "home on wheels" on
residential lots under specific conditions. These conditions include the lot being within an urban
growth area, having at least one existing housing unit, and being adequately served by water,
sewer, stormwater, and transportation systems. Both bills establish utility connection standards
and prohibit associations, such as homeowners' associations, from enforcing rules that restrict
compliance with these requirements until January 1, 2028. Both bills had public hearings this
week. The City signed in as "other" in alignment with the Association of Washington Cities'
(AWC) testimony. Sno-King Water District Coalition, AWC, and the Washington State
Association of Counties testified as "other". AWC asked for clarification around this being an
ongoing obligation as it will interface with all the other dwelling unit minimum requirements
that have passed the Legislature, including middle housing and Accessory Dwelling Units. The
Association also highlighted concerns around health and safety standards, the inability to
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inspect the home on wheels, and regulating the authorized use of utilizing facilities in the
primary home. The, Committee heard testimony from Sightline Institute, the Washington Tiny
House Association, Community Vision, Operation Tiny Home, and others in support of the bill.
They expressed endorsement of this legislation because these types of connections and mobile
dwellings are already in fairly popular existence and this would provide policy and procedures
moving forward. Mobile dwellings fill a cost gap below Accessory Dwelling Units, offer greater
affordability, and provide a pathway toward home ownership.
Senate Bill 5332 was voted on by the Senate Housing Committee and a substitute version of the
bill passed the committee with one amendment included. The bill includes updated conditions
to require the lot is a property a city or county and utilities have determined that additional
demand will be adequately served by sewer systems. The bill includes a requirement for a
water connection made through a yard hydrant for potable use and that the mobile dwelling
unit occupants have 24/7 access to potable water, toilets and showers in an existing housing
unit on the lot if the unit does not have internal plumbing. It allows cities and counties to
inspect storage tank and sewer and sanitary connections to ensure they are not leaking or
polluting, requires the mobile dwelling unit be maintained so that it can be moved at anytime
and requires the mobile dwelling unit meet the setback requirements of the underlying zone.
One amendment adds tiny houses with wheels to the list of units included under the mobile
dwelling unit definition.
House Bill 1443 is scheduled to be voted on by the House Housing Committee on February 4.
Transit -Oriented Development: House Bill 1491, sponsored by Rep. Julia Reed (D-36th LD),
mandates higher -density residential and mixed -use development near major transit stops to
promote transit -oriented development (TOD) and address housing shortages in Washington.
The bill requires cities planning under the Growth Management Act to adopt regulations
facilitating TOD in designated "station areas," including minimum floor area ratios and
affordable housing requirements. It preempts local restrictions, limits parking mandates, and
provides exemptions from the State Environmental Policy Act for qualifying developments. The
House Housing Committee held a public hearing on the bill on January 28. The City signed in as
"other" in alignment with the Association of Washington Cities' (AWC) testimony. During the
hearing, the Governor's Office, Futurewise, Washington Low Income Housing Alliance, and
others testified in support of the bill. They endorse the bill because Washington needs 1 million
homes in the next twenty years and this legislation will allow cities to build up for increased
density and develop mixed -income communities while preventing sprawl. The Committee
heard opposing testimony from NAIOP Washington State, and the Association of Washington
Business. While they expressed support for the intent of the bill, there are concerns that this
will not incentivize developers to take on projects. Parking reduction ramifications for smaller
cities were also noted and there was express emphasis that the state mandated inclusionary
housing provision in the bill cannot respond to local community needs or market fluctuations
and is not a solution. The Association of Washington Cities, and others testified "other," with
language, parking, and flexibility concerns, but otherwise support the intent of the legislation.
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The bill is scheduled to be voted on by the committee on February 4.
Miscellaneous
Home Cannabis Cultivation: House Bill 1449, sponsored by Rep. Shelley Kloba (D-1st LD),
legalizes the home cultivation of cannabis for personal use by adults aged 21 and older, subject
to specific limits and enforcement provisions. The bill allows up to six plants per individual and
a maximum of 15 plants per housing unit, with penalties for exceeding these limits ranging from
civil infractions to a Class C felony. It also prohibits cultivation that is visible or can be smelled
from public spaces and excludes the Washington State Liquor and Cannabis Board from
enforcement responsibilities except in cases involving commercial violations. The House
Consumer Protection & Business Committee held a public hearing on January 28.
Cannabis Direct Sales: Senate Bill 5403, sponsored by Sen. Rebecca Saldana (D-37th LD), allows
licensed cannabis producers and processors in Washington State to sell cannabis flower directly
to consumers under limited conditions. Producers and processors may only sell cannabis flower
they have produced or processed at their licensed locations, and all sales must comply with
possession limits outlined in existing law. The bill ensures that the 37 percent excise tax on
cannabis applies to these direct sales and grants the Washington State Liquor and Cannabis
Board authority to adopt rules for security and operational requirements. The bill was recently
heard in the Senate Labor & Commerce Committee on January 27.
Organic Waste Management: House Bill 1497, sponsored by Rep. Beth Doglio (D-22nd LD),
introduces comprehensive measures to enhance organic waste management and reduce food
waste in Washington state. The bill requires the Department of Ecology to develop statewide
education programs, mandates color -coded and labeled waste collection containers by 2028,
and phases in organic waste collection for multifamily residences. It also establishes obligations
for businesses generating significant organic waste to arrange for its management and creates
penalties for noncompliance. Additional provisions include funding for sustainable farming
practices, grants for school food waste reduction, and updates to the state building code to
facilitate organic waste collection. The House Environment & Energy Committee held a public
hearing on the bill on January 28. During the hearing, there were several signed in support
including the Natural Resources Defense Council, Washington Refuse & Recycling Association,
Zero Waste Washington and others. There was no one signed into testify in opposition but
there were many signed in as "other' including the Washington Hospitality Association,
Washington Food Industry Association, Washington State Association of Counties and others.
They shared concerns around the penalty structure, as well as color and labeling product
requirements and associated costs. They did, however, share an appreciation for the extensive
stakeholder process that went into this proposal during the interim. The bill is scheduled to be
voted on by the committee on February 4.
Clean Buildings Compliance: Senate Bill 5514, sponsored by Sen. Sharon Shewmake (D-42nd
LD), and House Bill 1543, sponsored by Rep. Beth Doglio (D-22nd LD), amend Washington's
clean buildings performance standards to provide expanded compliance options and flexibility
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for building owners. Both bills authorize the Department of Commerce to develop alternative
metrics for energy use and greenhouse gas emissions, introduce conditional compliance
pathways, and allow extensions for compliance deadlines under certain conditions. They also
include provisions for Tier 2 buildings, historic buildings, and campus district energy systems,
ensuring that compliance requirements account for unique circumstances. House Bill 1543 was
heard in the House Environment & Energy Committee on January 28. The Washington State
Department of Commerce and the Association of Washington Business testified before the
Committee in support of the bill. They highlighted that the bill provides fixes that the State
Energy Performance Standard has created for businesses covered by the clean buildings
program. The timeline extensions and exemptions in the legislation offer alternative pathways
for compliance and provide a better way to manage the costs of complying. There was no
testimony in opposition. The bill is scheduled to be voted on by the committee on February 6.
Public Safety & Behavioral Health
Attorney General Investigations of Police Agencies: Senate Bill 5066, sponsored by Sen. Drew
Hansen (D-23rd LID), and House Bill 1056, sponsored by Rep. Darya Farivar (D-46th LID),
authorize the Attorney General to initiate investigations, issue civil investigative demands, and
pursue legal actions for excessive force, discriminatory practices, and inadequate detention
conditions. Both bills require the development of a model policy for law enforcement
accountability systems by September 1, 2026, to ensure transparent and effective handling of
serious misconduct. The City signed in opposition to the bill. Senate Bill 5066 was heard in the
Senate Law & Justice Committee on January 30. The Washington Coalition of Police
Accountability, Columbia Legal Services, and the NYU Policing Project testified in support of the
bill, among others. The Washington State Association of Sheriffs and Police Chiefs, the
Washington Council of Police and Sheriffs, and the Association of Washington Cities testified in
opposition.
Police Officer Interrogation Reform: House Bill 1138, sponsored by Rep. Strom Peterson (D-
21st LD), prohibits the use of deceptive tactics during interrogations, presuming statements
obtained through such methods are inadmissible in court unless the prosecution can prove
their voluntariness by clear and convincing evidence. It also requires the development of free
training for law enforcement on noncoercive, rapport -based techniques, such as the PEACE
method and trauma -informed interviews, to be implemented statewide by July 1, 2026. The
House Community Safety Committee held a public hearing on the bill on January 27 and is
scheduled to be voted on by the committee on February 6. During the public hearing, the
Washington Association of Prosecuting Attorneys, Washington State Narcotics Investigators
Association, and the Association of Sheriffs and Police Chiefs testified against the bill,
referencing concerns with how broadly the definition of 'deception' could be interpreted and
emphasizing that removing deception as a tool entirely could have dire public safety
consequences. The Committee heard testimony from the Washington Innocence Project, Just
Us Solutions, and others in support. They expressed support for the bill because they believe
the process is corrupted by lies and only causes more harm and results in lost trust in law
enforcement. Other stakeholders testified to experiences with the use of deception by law
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enforcement officers leading to false confessions rather than genuine justice.
Essential Needs Program Updates: House Bill 1263, sponsored by Rep. Julio Cortes (D-38th LD),
and Senate Bill 5232, sponsored by Sen. Claire Wilson (D-30th LD), propose updates to the
Essential Needs and Housing Support (ENHS) program to expand eligibility and funding
flexibility. Both bills allow funds to be used for direct cash assistance, remove the seven percent
cap on administrative expenses, and align resource limitations with the Temporary Assistance
for Needy Families (TANF) program. They also streamline the referral process, enabling certain
low-income elderly or disabled adults to access support without requiring a referral from the
Department of Social and Health Services. House Bill 1263 was heard in the House Early
Learning & Human,Services Committee on January 31. The City signed in support of the bill. A
substitute version of Senate Bill 5232 was voted out of the Senate Human Services Committee
on January 29. The substitute includes a change to the bill title, a change in reference to federal
Social Security Disability, and that a HEN referral from DSHS for rental assistance must be
verified by the housing support service provider every 12 months.
Law Enforcement Eligibility and Standards: Senate Bill 5364, sponsored by Sen. John Lovick (D-
44th LD), and House Bill 1399, sponsored by Rep. Roger Goodman (D-45th LD), propose
modernized and standardized eligibility, certification, and accountability requirements for
sheriffs, police chiefs, and marshals statewide. Both bills establish uniform eligibility criteria,
including U.S. citizenship, a minimum age of 25, no felony or certain gross misdemeanor
convictions, and at least two years of full-time law enforcement experience. They also mandate
peace officer certification under chapter 43.101 RCW within 12 months of assuming office and
require background investigations to assess criminal history, social media activity, and
affiliations with extremist organizations. The bills further limit the roles of volunteers and
specially commissioned officers to non -law enforcement functions unless certified and repeal
outdated provisions such as those related to "police matrons." House Bill 1399 was heard in the
House Community Safety Committee on January 27.
Law Enforcement Certification: House Bill 1400, sponsored by Rep. Roger Goodman (D-45th
LD), standardizes certification, training, and oversight requirements for law enforcement and
corrections officers in Washington. The bill updates definitions, strengthens background check
requirements for officers transferring roles, and clarifies conditions under which certifications
lapse and can be reinstated. It also revises training requirements for limited authority officers
and modifies hearing procedures for certification actions, granting a five -member panel
decision -making authority. The House Community Safety Committee held a public hearing on
the bill on January 27.
Law Enforcement Staffing and Funding: House Bill 1436, sponsored by Rep. Hunter Abell (R-7th
LD), and Senate Bill 5285, sponsored by Sen. Jeff Holy (R-6th LD), authorize cities and counties
to impose a local sales and use tax of 0.10 percent to address the shortage of commissioned
law enforcement officers. Revenue from the tax must be used to employ additional officers
unless the jurisdiction's officer rate exceeds the national average, in which case funds may be
used for broader criminal justice purposes, including homelessness reduction and behavioral
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health improvements. Both bills also mandate the Washington State Criminal Justice Training
Commission to expand basic law enforcement training classes starting in fiscal year 2026.
Senate Bill 5285 was heard in the Senate Local Government Committee on January 27. The
Committee heard testimony from the Washington Retail Association, Washington Association
of Sheriffs and Police Chiefs, Association of Washington Cities, and others in support. They
highlighted that Washington State currently ranks 511t in the nation for the number of officers
per capita and an increase in public safety is desperately needed. The Association of
Washington Cities suggested some changes to thresholds in the bill for hiring officers, noting
that allowing flexibility to meet individual community needs would be most helpful. Concerns
were raised about rigid class size requirements for law enforcement training, suggesting
adjustments to allow smaller classes to proceed. Additionally, public safety was linked to issues
like organized retail crime, emphasizing the need for a comprehensive approach that
strengthens law enforcement, prosecutors, and defense attorneys. It was also noted that a
sustainable investment in public safety infrastructure to improve staffing and community safety
is crucial. There was no testimony in opposition to the bill. House Bill 1436 is scheduled for a
public hearing in the House Finance Committee on February 7.
Opioid Overdose Commitment: Senate Bill 5229, sponsored by Sen. Keith Wagoner (R-39th LD),
expands the definition of "gravely disabled" under Washington's involuntary treatment act to
include individuals who have required revival with opioid overdose reversal medication within
the past 180 days to prevent a fatality or probable fatality. This change aims to facilitate civil
commitment for individuals who have experienced opioid overdoses, allowing for earlier
intervention and treatment. The bill was heard in the Senate Law & Justice Committee on
January 27. The City signed in support of the bill. The bill passed out of committee this week
with an amendment that adds clarifying language authorizing detention for civil commitment
for a person revived within two weeks prior to initial detention by opioid overdose reversal
medication the phrase "and is not receiving such care as is essential for health or safety."
Reckless Driving Expansion: Senate Bill 5238, sponsored by Sen. Ron Muzzall (R-10th LD),
expands the definition of reckless driving in Washington state to include intentional speeding of
more than 30 miles per hour over the posted speed limit. While the bill retains the existing
penalties for reckless driving, classified as a gross misdemeanor punishable by up to 364 days of
imprisonment and a fine of up to $5,000, it broadens the scope of the offense by making
excessive speeding a standalone criterion. Other provisions, such as mandatory license
suspension for at least 30 days and potential ignition interlock device requirements, remain
unchanged. The Senate Law & Justice Committee held a public hearing on the bill on January 27
and the City signed in support. The bill was voted out of committee this week with one
amendment that includes an effective date of September 1, 2025.
Substance Abuse Diversion: Senate Bill 5290, sponsored by Sen. Jesse Salomon (D-32nd LD),
provides a pathway for individuals charged with certain controlled substance -related offenses
to have their charges dismissed upon successful completion of a court -approved treatment
program. The bill requires individuals to undergo a certified assessment for substance use
disorder or co-occurring mental health and substance use disorder, complete a treatment
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program, and file the necessary documentation under seal with the court. Courts are mandated
to dismiss qualifying charges and may dismiss additional related charges unless prosecutors
object. The Senate Law & Justice Committee held a public hearing on the bill on January 28.
During the hearing, the Washington Defender Association and the Washington Association of
Criminal Defense Lawyers, voiced their support for the bill because it would increase
opportunities to divert individuals to state -certified treatment programs. They shared that the
bill provides a simple off -ramp for individuals who use drugs to complete treatment and avoid a
conviction, and that it does not apply to accompanying charges. There was testimony in
opposition to the bill from the Washington Association of Prosecuting Attorneys and the
Washington State Narcotics Investigators Association. They are against this legislation because
current policy already allows for diversion of possession charges to treatment. Though it may
not be the intent of the bill proposed, the consequences would include effectively cutting out
the role of the prosecutor and giving the judge executive powers. They warned that taking
away prosecutorial discretion and removing consequences only enables individuals who are
using drugs and does not incentivize them towards treatment.
Transportation/Public Works
Buy America: House Bill 1256, sponsored by Rep. Natasha Hill (D-3rd LD), mandates the use of
U.S.-manufactured iron, steel, aluminum, and other manufactured products in state -funded
public works projects exceeding $500,000. The bill defines "manufactured in the United States"
as requiring all manufacturing processes for iron and steel products to occur domestically, while
at least 55 percent of components for other products must be sourced in the U.S. Waivers are
permitted under specific conditions, such as insufficient availability or a cost increase exceeding
25 percent, but require a public comment period and online publication of justifications. The
bill also includes compliance mechanisms, such as debarment for falsely labeling products as
"Made in America," and provides a severability clause to ensure alignment with federal funding
requirements. The bill had a public hearing in the House Capital Budget Committee on January
30. The City signed in as "other" with many of the concerns shared in testimony. During the
hearing, there was a mix of testimony. The Washington Public Ports Association testified as
"other" sharing concerns around cost and complicated waiver processes. The fiscal note
provides an estimate of an additional cost of 20 percent on all projects. The District Council of
Iron Workers Pacific Northwest, the Washington State Labor Council and United Steelworkers
338 testified in support of the bill.
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