2012 - COFW Legislative AgendaCIT
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Federal Way
2012
STATE LEGISLATIVE AGENDA
MAYOR
Skip Priest
CITY COUNCIL
Jeanne Burbidge
Bob Celski
Dini Duclos
Jim Ferrell
Roger Freeman
Susan Honda
Linda Kochmar
CITY ADMINISTRATION
Bryant Enge, Administrator Services Director
Chris Carrel, Communications Coordinator
Doug Levy, Outcomes by Levy, Contract State Lobbyist
Martin J. Durkan, Special Contract Lobbyist on Sound Transit issues
,A CITY of
Federal Way
2012 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 advocacy and engagement is categorized as follows:
• Highest Priorities. The City takes the lead and/or actively advocates for or against
issues.
• Other 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.
2012 State Legislative Agenda
Protecting State -Shared Revenues: Federal Way's top priority — both for the 2011 Special Session and
the 2012 Regular Session -- will be to protect and maintain existing state revenue sources essential to the
city's ability to fund public safety, human needs, and other governmental operations. Significant state
cuts in areas such as human and social services are already increasing service obligations on local
governments. Cities and counties absorbed a 3.4 percent reduction in "state -shared revenues" in the
2011-13 Operating Budget. Additionally, the Governor is preliminarily proposing to eliminate all local
distributions of liquor profits and liquor excise taxes to cities and counties that will result in $1.3M city
revenue loss, which translates to 12 police officers. State -shared revenues comprise approximately five
percent of the city's biennial operating budget. Additionally, the city annually receives several grants in
areas such as auto theft prevention, sex offender address verification, and public defense.
Critical Capacity Project: The City is partnering with the Lakehaven Utility District to request $3 million
in state seed funding to a critical sewer capacity upgrade in the downtown business core. The $6 million
Critical Capacity Project will develop downtown infrastructure necessary for future jobs and development,
including a proposed $300 million redevelopment of the AMC Theater site. The City supports
Lakehaven's request of $3 million through any economic development/jobs package lawmakers may
consider, with local funds providing an equal match. State funding would enable the utility to immediately
begin design and engineering with construction beginning by July 2013.
Public Safety
• Legislation to enhance the ability of law enforcement to combat auto theft and other
property crimes. Federal Way strongly supports a Washington Association of Sheriffs and
Police Chiefs -led effort to extend from three years to six years the current statute of limitation for
prosecuting first- and second-degree criminal trafficking of stolen property. Due to the
complexities of investigating crimes such as auto theft, the three-year limitation often acts as a
barrier in solving these cases. On the fiscal side, Federal Way will work with law enforcement
and prosecutors to continue progress reducing auto theft, and protect "Washington Auto Theft
Prevention Authority" funds for the collaborative task force in South King County.
Transportation
• Transportation Investment Package — and Completion of the "Triangle" project. Federal
Way wants to ensure inclusion of $118.7 million to complete remaining phases of the "Triangle"
interchange in any transportation investment package submitted to voters. The Triangle -
Interstate 5, State Highway 18, and State Route 161 - is the fifth -most -congested interchange in
the state. Completing interchange improvements would significantly enhance mobility, safety,
freight movement and local traffic flow. The City will also look to ensure inclusion of I-5/S. 3201"
and 1-5/SR-509 improvements in the transportation package; Transportation Improvement Board
(TIB) funds; and direct distribution funds and local funding options for local government.
Sound Transit
• New accountability and fairness measures. Federal Way and its working class, transit -
dependent community continues to suffer from the actions of Sound Transit. The agency
removed the light rail extension to 272nd Street promised in its ST II package - the only Puget
Sound city to have its light rail connection eliminated. Federal Way will be working with its area
legislators on bills to bring accountability and fairness into the Sound Transit operations in areas
such as subarea equity, "opt -out" authority, etc.
2012 State Legislative Agenda
Economic Development/Infrastructure
• Infrastructure/jobs package. The 2012 Legislature may well look at using the 2012 Capital
Budget as a vehicle for a jobs or stimulus package of infrastructure investments. Federal Way is
prepared to support such a package, providing it includes key investments for cities. Federal
Way obviously will need to see and analyze the details of any such package.
• 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 establish more robust "Tax Increment Financing" (TIF) authority in the law or to
reauthorize the Local Revitalization Financing (LRF) program. The City was fortunate to receive
an LRF grant in 2009 for the Federal Way Village project.
• Protect key infrastructure funds for local government -- Public Works Trust Fund (PWTF),
Washington Wildlife & Recreation Program (WWRP). The 2011 Legislature restored funding
for the PWTF and retained funding for the WWRP at a level of $42 million. The PWTF has been
a very effective low -interest loan program for more than three decades, while the WWRP is a key
funding partnership source for local parks, trails, and water -access areas. The City will strongly
support a multi -stakeholder effort to ensure these funds are protected.
Environment
Stormwater funding to meet NPDES Phase II obligations. While lawmakers appropriated $50
million in 2010 and an additional $30 million in 2011 for local stormwater needs, cities such as
Federal Way will continue to need substantial state and federal assistance to meet NPDES
Phase II stormwater responsibilities that are established under the federal Clean Water Act and
administered by the State Department of Ecology. Federal Way will continue to support efforts to
ensure adequate funding is in place for stormwater requirements, including monitoring.
• 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 2011, the Legislature considered SSB 5234, a bill that would
have added pharmaceutical drug disposal to the state's "product stewardship" law (manufacturer -
financed program to ensure safe disposal of items). 5234 or a similar bill is likely to be brought
forth in 2012, and Federal Way will support it.
Fiscal/Budget/Funding Items
• Clarifying that state and local sales tax exemptions for "local phone service" were not
meant to include cellular phone service. Federal Way will strongly support a Department of
Revenue (DOR) request bill — one that may well arise during the 2011 Special Session — to
ensure that cellular phone service is not exempted from state and local sales tax obligations.
This legislation would remedy a case currently winding its way through the courts.
• Efficiencies for local governments. AWC is helping with an effort to offer the 2012 Legislature
a series of ways for local governments to operate more efficiently, reduce or delay cost impacts,
or cut costs. The City will support this effort. Examples of this initiative include a bill to reduce
overlap between the State Environmental Policy Act (SEPA) and the Growth Management Act
2012 State Legislative Agenda
(GMA), and legislation to ensure federal mandates administered by the state do not
unnecessarily go above and beyond federal minimum guidelines.
• 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. Additionally, in some cases, records are
requested strictly for commercial purposes and not for the public good. Federal Way will support
efforts by AWC and other groups to allow for cost recovery with very complex and/or very large
records requests, and to more explicitly limit requests that are for commercial purposes vs. the
public good.
Housinq & 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. One legislative effort around homelessness and low-income housing assistance
will involve ESHB 2048, a bill the Legislature nearly passed in Special Session earlier this year.
Federal Way will support this legislation.
Land-Use/Planning/GMA
• SEPA/GMA streamlining. Federal Way will join local governments and the business community
in supporting legislation that seeks to reduce the amount of overlap between substantive SEPA
requirements and GMA codes for drainage, traffic control, etc., which already provide a level of
environmental protection. The City is concerned that on numerous projects, current law is
requiring developers to go through processes twice instead of just once, needlessly burdening the
local economy.
Timing of collection of GMA impact fees. In 2012, lawmakers may again be asked to look at
legislation that mandates the collection of GMA impact fees at the time of the sale or closing of
residential dwellings (rather than at the time of permit issuance). Federal Way is piloting a project
to delay the collection of impact fees, but has exempted school district impact fees from the
delayed collection option. The City will want to ensure that its type of program is grandfathered in
any 2012 legislation considered or passed by lawmakers.
2012 State Legislative Agenda
• Pre-empting local control over the siting of small alternative energy facilities. Federal Way
will join cities and counties in opposing legislation that would pre-empt local governments from
having primary siting authority over small alternative energy projects.
Law Enforcement/Courts
• Gangs prevention legislation. While Federal Way does not have a "home-grown" gangs
problem, the City will support efforts to enhance intervention, prevention, and
enforcement/suppression to combat growing gang activity in certain pockets of the state. The
City will seek to ensure that any dedicated funding established for intervention and prevention
can also be used for areas such as transit centers.
• Reduce vehicle prowls. The City will support 2012 legislation to strengthen penalties against
repeat vehicle prowl offenders — Federal Way is one of numerous agencies seeing a significant
number of "smash and grab" incidents with vehicles.
• Protect records relating to home burglar alarms and neighborhood crime watch programs.
Federal Way will join WASPC and other law enforcement agencies in strongly supporting
legislation to protect the confidentiality of sensitive records related to home burglar alarms and
neighborhood crime watch programs.
• Traffic safety camera programs. Federal Way and other cities may see legislation in 2012 that
seeks to abolish traffic safety camera authority, or limits the fines a local government may collect
as part of any program, or dictates operational aspects of the programs. Federal Way has seen
its cameras enhance traffic safety in previously high -accident areas such as 320th Street and
Pacific Highway, and thus will join law enforcement, cities, counties and others in opposing such
legislation.
• Better tracking of scrap metal transactions; increasing penalties for metal theft. Federal
Way is prepared to support a proposal that would improve the regulation of scrap metal
transactions by establishing an industry -financed, statewide database to better track transactions
and better pinpoint potential illegal dealings. Additionally, if public utility districts bring forward
legislation to strengthen penalties for metal theft, Federal Way will support it.
• Medical Marijuana/Collective Gardens. Federal Way respects federal laws that declare
marijuana as an illegal drug. If lawmakers choose to pursue 2012 legislation to clarify the use
and distribution of medical marijuana through "collective gardens," Federal Way will work to
ensure cities retain the authority to ban such collective gardens — or at least would have to `opt in'
to any local decision to allow them.
• Administration of ignition interlock requirements. Federal Way will strongly support
legislation being developed by the District and Municipal Court Judges Association (DMCJA) to
ensure that the Department of Licensing — and not local judges — is in charge of administering
particular elements of the DUI ignition interlock program.
• WASPC priority items. Federal Way will be supporting these priority items being brought to the
2012 Legislature by the Washington Association of Sheriffs and Police Chiefs: requiring hospitals
to report all gunshot wounds to local law enforcement; adding burglary crimes to the list of crimes
where DNA collection is required; and strengthening penalties and `implied consent' for Boating
Under the Influence (BUI).
2012 State Legislative Agenda
General Government
• Limiting local government liability. Federal Way will track any 2012 efforts by a "Liability
Reform Coalition" to limit the liability exposure that is currently placed on local governments.
• Removing local franchising authority. In past sessions, the telecommunications industry has
unsuccessfully attempted to shift franchising authority from local governments to the state. Cities
and counties have opposed this. Federal Way will monitor this issue in 2012.
Land-Use/Planning/GMA
• Providing notice of any rezoning. A Kitsap County area lawmaker sponsored bills in 2010 and
2011 that would have required local governments to undertake expansive notification of all area
property owners for all rezoning proposals, no matter how ministerial. Local governments
opposed this "unfunded mandate" legislation. Federal Way will monitor this issue in 2012.
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. This issue has not
arisen in recent Sessions of the Legislature, so the City will simply track it.
• Basic Law Enforcement Academy training. Federal Way will monitor this issue to ensure that
BLEA funds are maintained for training newly hired police officers.
• Driving While License Suspended (DWLS). Federal Way opposes efforts to completely
decriminalize DWLS, and will track this issue in 2012.
• Public Safety Authorities. Certain cities have proposed the idea of "Public Safety Authorities"
as a way to offload direct police and public safety costs. Federal Way opposes this idea and
believes it undermines the direct authority and accountability cities need to manage law
enforcement operations. The City will track this issue in 2012.
Transportation
• Creation of street utilities. In 2012, 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.
2012 State Legislative Agenda