Category Archives: Vetoed by the Governor – in part

HB2645

HB2648 – Tightens the solar PV module stewardship program in some small ways.
Prime Sponsor – Representative Smith (R; 10th District; Island County; Skagit & Snohomish)
Current status – Bill signed, but Section 2 – Study of recycling – vetoed by Governor.
In the House – (Passed)
Had a hearing in the House Committee on Environment and Energy January 27th at 3:30. Amended and passed out of committee February 4th; referred to Rules. Amended on the floor by the prime sponsor and passed by the House February 16th. House concurred with Senate amendments March 10th.

In the Senate – (Passed)
Referred to the Senate Committee on Environment, Energy & Technology. Had a hearing February 20th. Replaced by a striker and passed out of committee February 25th. Referred to Ways and Means; had a hearing there on February 28th. Passed out of committee March 2nd and referred to Rules. Passed by the Senate March 7th. Returned to the House for possible concurrence with Senate amendments.
Next step would be – Signature by the Governor.
Legislative tracking page for the bill.

Governor’s Veto
Governor Inslee signed the bill, but vetoed Section 2, which created a task force to report to the Legislature and make recommendations on potential methods for managing end-of-life photovoltaic modules, because of coronavirus budget concerns.

Comments – The bill only requires notifying retailers, distributors, and installers about violations of the requirement for an approved stewardship plan, but it only imposes potential fines on the manufacturer of the panels.

The amendment in the House committee narrows manufacturers’ obligation to provide takeback locations to regions in which their modules “were used.” It delays the implementation and enforcement of the act for a year, until dates in 2023. It requires the Department of Ecology to create a task force to report to the Legislature and make recommendations on potential methods for managing end-of-life photovoltaic modules, including ones from utility scale projects. It lists a number of issues the report must cover, and a number of required members for the task force, but Ecology can add more.

The floor amendment replaces the Ecology task force with a WSU work group, subject to appropriations.

The committee striker in the Senate delays the date for submitting a stewardship plan by 2.5 years, until July 1, 2022; delays the reporting requirement for manufacturers by an additional year, until 2024; and delays enforcement by six months, until July 1, 2023.

Summary –
It would expand the current legislation to cover ground mounted panels connected to the grid. It would cover modules manufactured for use in the state as well as those for sale; and include panels acquired through remote offerings such as sales outlets, catalogs, or the internet. It would prohibit distributors, retailers, and installers from selling panels that weren’t covered by an approved stewardship plan, not just manufacturers, and would require the Department of Ecology to send a warning ordering them to stop if the manufacturer had not submitted a plan and gotten it approved by Ecology within thirty days.

HB2713

HB2713 – Requires the State and local governments to use compost and reimburses farmers for using it.
Prime Sponsor – Representative Walen (D; 48th District; Kirkland)
Current status – Bill signed, but Governor vetoed Section 4, which created a pilot program to reimburse farmers who purchased compost from solid waste recycling facilities.
In the House – (Passed)
Had a hearing in the House Committee on State Government & Tribal Relations February 5th. Substitute passed out of committee February 7th; referred to Appropriations. Had a hearing there February 10th; passed out of Appropriations February 11th. Referred to Rules. Amended on the floor and passed by the House February 16th. House concurred in the Senate amendments March 9th.

In the Senate – (Passed)
Referred to the Senate Committee on Environment, Energy & Technology; had a hearing February 25th. Amended and passed out of committee February 26th. Referred to Ways and Means; had a hearing there on February 28th. Passed out of committee and referred to Rules on March 2nd. Passed the Senate March 5th. Returned to the House for possible concurrence.
Next step would be – Signature by the Governor.
Legislative tracking page for the bill.

Comments –
In the House –
The substitute also provides exceptions to the requirement for using compost in projects if the total cost would be financially prohibitive; if its application of compost will have detrimental impacts on the soil used for a specific crop; if the project consists of growing trees in a greenhouse; or if the available compost hasn’t been certified as free of crop-specific pests and pathogens.

It now encourages local governments to buy back compost, rather than requiring that. It requires participants in the pilot program to comply with agricultural pest control rules before transporting or applying compost, and it limits reimbursements in the program to compost that’s from a facility with a solid waste handling permit and hasn’t been created by the operation seeking reimbursement.

The floor amendment prioritizes reimbursements in the pilot program to small farming operations, and makes them subject to appropriations, and makes a couple of small adjustments.

In the Senate –
The Senate committee amendment makes a few small changes in the details of the pilot grant program.

Summary –
The bill requires state agencies and local governments to consider whether compost can be used in projects when they’re planning them. If it can be used, they’re to do that, unless it isn’t available within a reasonable time, doesn’t meet existing purchasing standards, or doesn’t meet Federal or State health and safety standards. They’re encouraged to give priority to compost that’s produced locally, compost that’s certified by a nationally recognized organization, and compost that’s produced from municipal waste.

Local governments with residential composting services must have purchasing agreements with their processors to buy back at least fifty percent of the compost produced from their organic waste, and the processor’s required to charge a fair competitive market rate. They’re encourage to buy compost made from at least 8% food waste.

The Department of Agriculture is to create a three-year pilot program, beginning July 1 2020, to reimburse farming operations in the state for the costs of purchasing and using compost products, including transportation, equipment, spreading, and labor. (The Department is to create a new position for a program manager with the knowledge and expertise necessary to facilitate the division and distribution of reimbursements and manage the day-to-day coordination of the program.) Payments are limited to fifty percent of the costs and capped at fifty thousand dollars a year; farmers can’t be paid for compost that they’ve transferred, or intend to transfer to another individual or entity, whether for compensation or not .