2011 - COFW Legislative AgendaCITY OF
',,,.Federal Way
2011
LEGISLATIVE AGENDA
(updated)
MAYOR
Skip Priest
CITY COUNCIL
Jeanne Burbidge
Jack Dovey
Dini Duclos
Jim Ferrell
Roger Freeman
Linda Kochmar
Michael Park
CITY ADMINISTRATION
Bryant Enge, Financial Services Administrator
Doug Levy, Outcomes by Levy, Contract State Lobbyist
Draft 2011 Leg Agenda Update
CITY OF
Federal Way
2011 STATE LEGISLATIVE AGENDA
The City of Federal Way's Legislative Agenda, which begins on the following page, reflects the
City's position on matters expected to arise either as legislation or through the State of
Washington budget process, or both.
The City's level of involvement can be broken down this way:
Top Priorities. The City takes the lead and/or actively advocates for or against issues.
Support/Oppose Policy Positions. The City joins others in either support or opposition
of issues.
Track/Monitor Policy Positions. The City actively tracks issues, but takes no action.
Draft 2011 Leg Agenda Update
Protecting State -Shared Revenues: Federal Way's top 2011 priority will be to protect and maintain
existing state revenue sources that are critical to the city's ability to fund public safety, human needs, and
other governmental operations. These revenues, including liquor profits and liquor excise taxes, criminal
justice assistance, and criminal justice sales tax, comprise approximately 10 percent of the city's next
biennium operating budget. Additionally, the city annually receives several grants including auto theft
prevention and Office of Public Defense grants.
Public Safetv
• Legislation to help police recover precious metals from home burglaries. Federal Way will
work with area lawmakers on a bill making it more difficult for perpetrators to convert stolen
precious metals into cash. The bill will call for pawn brokers to cooperate with police on longer
holding periods, collection of more identification, and traceable check or money -order
requirements for transactions over $100.
• Protect progress on auto theft, reduce vehicle prowls. Federal Way will work with law
enforcement and prosecutors to ensure significant progress on auto theft reduction is maintained,
including protection of critical "Washington Auto Theft Prevention Authority" funds for the
collaborative task force in South King County. Additionally, the City will support 2011 legislation
to strengthen penalties against repeat offenders in vehicle prowling incidents — Federal Way is
one of numerous agencies seeing increases in these "smash and grab" incidents with vehicles.
• Youth Violence Prevention and Intervention legislation. Federal Way police have had, good
success in suppressing youth violence in the community, and will strongly support additional tools
to do so. The City will support a bill requested by the Attorney General which would combine
intervention and prevention funds with increased nuisance -abatement tools.
Transportation
• Triangle Project Phase 1 cost savings — and future transportation infrastructure needs.
Federal Way will request a 2011-13 Transportation Budget Proviso to preserve $14 million in
Interstate 5/Highway 18/State Route 161 "Triangle Interchange" Phase I cost -savings for next -
phase, ready -to -go project elements. Construction began in August 2010 on Phase I (new flyover
ramps between 1-5 and SR 18 in order to relieve congestion and improve mobility). Actual costs
came in $14 million under projections. If Federal Way is not able to retain the $14 million funding
for the Triangle Interchange project, there will be additional cost pressures on this project ($90
million for completion versus $76 million) when the Legislature looks at a next transportation
investment package. If any such investment package is considered in 2011, Federal Way would
also want to ensure inclusion of 1-5/S. 320th and 1-5/SR-509 improvements; Transportation
Improvement Board (TIB) funding; and direct distribution funds for local government.
Economic Development Efforts - Performing Arts & Conference Center, Aquatics Center
• Support legislation to extend and re -purpose a series of King County -only taxes that were
put in place for the Safeco and Qwest stadium projects. The legislation should include year-
to-year revenue for performing arts centers and "regional centers" to allow both the PACC and
the Aquatics Center to gain regular out -year funding.
• Work with Bellevue to reintroduce legislation that would ensure any sales tax deferral is
equitable in incentivizing construction of new performing arts and conference centers.
Draft 2011 Leg Agenda Update
Economic Development/infrastructure
• Economic development and infrastructure investment tools for cities. Federal Way will
support initiatives aimed at enhancing economic development and infrastructure investment. This
includes efforts to reauthorize the Local Revitalization Financing (LRF) program. Federal Way
was fortunate to receive a LRF grant in 2009 for the Federal Way Village project.
• Public Works Trust Fund. The PWTF has been a very effective, low -interest loan program for
more than three decades. In 2009-11, the State Legislature swept money from the PWTF to help
plug a $9 billion hole in its Operating Budget. The City will strongly support a multi -stakeholder
effort to ensure the fund is restored, and can be used for its original purpose --to assist local
governments and utilities with infrastructure to manage growth.
• Small Business Development Centers. In 2010, the Legislature considered measures that
would have dedicated a modest increase in business license and registration fees to go toward
assisting Small Business Development Centers around the state. If the Governor and Legislature
look at a 2011 jobs -creation package that includes SBDC legislation, Federal Way will support it.
• Levee upgrades in the Green River Valley. In 2011, Kent, Renton, Tukwila and Auburn and
King County will ask the Legislature to establish a financing mechanism to help fund critical levee
upgrades and levee -certification work in the Green River Valley using state funds. Because the
manufacturing and warehousing hubs in the Valley are a significant source of employment for city
residents, and because no new taxes or fees are proposed on Federal Way residents or
businesses, the City will support this initiative.
• Real Estate Excise Tax. Cities have tried for years to get the same broad authority for purposes
to use 2"d quarter Real Estate Excise Tax as the allowances for 1 st quarter REET. There also
have been efforts to allow some flexing of REET for parks M&O. Federal Way will support.
Environment
Stormwater funding to meet NPDES Phase II obligations. In 2010, legislation that would have
raised more than $100 million to assist with NPDES Phase II stormwater responsibilities did not
pass. The Legislature did appropriate $50 million in capital funds for local stormwater needs. The
City received $304,600 based on population, and an additional $1 million retrofit grant. Still, with
several hundred million dollars worth of unfunded obligations, critical needs remain. Legislation is
expected to resurface in 2011 and the City will join AWC, WSAC, environmental and labor groups
and others in support.
• Green development and sustainability. Federal Way will support initiatives on green
development and sustainability, while also seeking to ensure cities are not left with expensive
mandates and requirements.
• Pharmaceutical drug disposal. In 2010, the Legislature considered 2SHB 1165/2SSB 5279,
bills that would have added pharmaceutical drug disposal to the state's "product stewardship" law
(manufacturer -financed program to ensure safe disposal of items). Legislation similar to
1165/5279 is likely to be brought forth in 2011, and Federal Way will support it.
Draft 2011 Leg Agenda Update
Freshwater Algae Fund administered by Department of Ecology (DOE). DOE is
contemplating Agency Request legislation for 2011 that would broaden the allowable uses of the
Freshwater Algae Fund, remove a 2012 sunset date on the fund, and increase the fees on
boaters that finance the fund. Federal Way appreciates the idea of broadening the allowable uses
of the fund to explicitly allow it to be used, for example, to remove sea lettuce from bay areas
such as Dumas Bay. However, the City will be cautious regarding the support for new fees at this
time, and thus will carefully evaluate this proposal if it emerges.
Fiscal/Budget/Funding Items
• Efficiencies for local governments. AWC is helping lead an effort to offer ideas for the
Legislature to help local governments operate more efficiently, reduce or delay cost impacts or
cut costs altogether. Examples of interest to the City include delaying new stormwater permit
requirements; delaying the date by which public fleets must deploy biofuel-powered or electric
vehicles; delaying GMA and shoreline plan updates; early retirement incentives, possible notice
changes under the State Environmental Policy and Shoreline acts; and others.
• Unfunded mandates/legislative actions that erode/eliminate local government revenues.
As an annual staple of its Legislative Agenda, Federal Way will strongly urge legislators to refrain
from taking actions that impose unfunded mandates on local governments, erode local revenues,
or add local cost impacts.
• Pension enhancements that add new costs. Federal Way will follow the lead of the AWC in
opposing pension enhancements that add new costs to local governments.
• Better manage personnel and labor costs. AWC is considering pursuing a series of legislative
items to better manage these costs. Federal Way will support these efforts.
• Public health and Healthy Communities funding. Federal Way will support an effort to protect
public health funding and promote programs that better ensure active and healthy living to curb
growing obesity, diabetes, and heart disease trends.
General Government
Costs of complying with the state's Public Records Act. Federal Way strongly supports
transparency with the public and making records available to those who request them. In some
cases, however, the costs of complying with large, complex records requests can be significant
and can result in considerable staff -time burdens. Federal Way will support efforts by AWC and
other groups that will allow public agencies to recover some of the costs associated with
responding to very complex and/or very large records requests.
Housing & Human Services
• Affordable housing and human services. Federal Way will support efforts to preserve State
funding sources and budget allocations to prevent and end homelessness; sustain affordable
housing options; enhance early childhood education and school readiness; and improve access
to basic needs.
Land-Use/Planning/GMA
• Zoning authority for location of mini -casinos. Federal Way will support 2011 legislation being
promoted by the AWC, the City of Lakewood and others to, among other things, codify in State
law the authority of cities to zone appropriate locations allowed for mini -casino establishments.
Draft 2011 Leg Agenda Update
Law Enforcement/Courts
• Traffic safety camera programs. Federal Way expects to see legislation in 2011 that limits the
fines a local government may collect as part of any red -light -camera program — and could
possibly dictate other operational aspects of the programs. Federal Way has seen its red -light -
camera program enhance traffic safety, and will join law enforcement, cities, counties and others
in opposing such legislation.
• Driving While License Suspended offenses. As in 2010, Federal Way will join with other law
enforcement agencies in opposing 2011 legislation that would decriminalize third-degree Driving
While License Suspended (DWLS) offenses such as failure to comply, failure to respond, and
failure to appear.
Parks & Recreation
• Washington Wildlife, Recreation & Parks. Federal Way will support a coalition effort to
preserve WWRP funding within the 2011-13 Capital Budget.
Transoortation/Transit
Oppose a forced consolidation of TIB and other transportation agencies. In her 2010
Supplemental Transportation Budget, the Governor proposed consolidating TIB, CRAB and
FMSIB and merging them into the Highways and Local Programs division of WSDOT. Federal
Way joined with others opposing such a consolidation, and is prepared to do so again in 2011. A
Joint Transportation Committee is looking at ways that functions and operations of the three can
be more efficiently and cost-effectively shared — the City is OK with this approach.
Draft 2011 Leg Agenda Update
Economic Development/Infrastructure
• Creation of street utilities. In 2011, the AWC and a number of individual jurisdictions will seek to
obtain legislative authorization to allow cities to establish "Street Utilities" for local maintenance
and preservation needs. Federal Way will track this effort.
General Government
• Limits on initiative petition signature gatherers. In 2011, the management of The Commons
Mall in Federal Way, together with statewide groups such as the Washington Retail Association,
will propose legislation that limits the ability of initiative petition signature gatherers to bother or
harass mail patrons. Federal Way will track this legislation.
• Limiting local government liability. Federal Way will track any 2011 efforts by a "Liability
Reform Coalition" to limit the liability exposure that is currently placed on local governments.
Land-Use/Planning/GMA
Delaying collection of impact fees until sale or closing. Effective in July 2010, Federal Way
began operating a program to delay the collection of non -school -district impact fees until the time
of sale or closing of residential units. The City does not plan to extend the program beyond
residential development, and does not agree that such an approach should be mandatory for all
local. governments. Federal Way thus will join the AWC, other cities, counties, and school districts
in opposing legislation that would mandate a delay in impact -fee collection until the sale or
closing of new residential units. Local governments have the option to do this now.
Law Enforcement/Criminal Justice/Courts
Requiring Municipal Courts to accept additional subject -matter caseloads. In prior
legislative sessions, there have been bills that would have required Municipal Courts to accept
caseloads involving Anti -Harassment Orders (AHOs) or Domestic Violence Prevention Orders
(DVPOs). Federal Way supports the current -law discretionary authority of Municipal Courts to
take on such cases if they wish — but opposes a mandated caseload addition. While this matter
has not arisen in recent sessions, Federal Way will track it.