By Alec Regimbal
Yakima Herald-Republic
School funding will be among the more contentious issues confronting lawmakers when they convene in Olympia on Monday for the start of the 2018 legislative session, but how they will solve the $1 billion question remains to be seen.
Democrats now control the House, Senate and governor’s office thanks to November’s special election that flipped the previously Republican-held seat in the 45th District to Democrats, giving the Senate Democratic coalition a one-vote margin in the Senate. That could bode well for passage of a Voting Rights Act, which was prompted as cities grappled with the aftermath of a federal court order mandating the way Yakima City Council elections are held. But it could also stymie efforts to change a landmark state Supreme Court decision regulating water rights — always a prickly issue in Eastern Washington.
Here are a few things to watch in the next 60 days of the session, along with a few predictions from several Eastern Washington lawmakers:
McCleary Fix
• What it is: A public-school spending plan passed by the Legislature last June that provides funding to schools by raising state property taxes for schools and pays teacher salaries based on local housing costs. The plan came in response to a 2012 state Supreme Court ruling known as the McCleary Decision that said the Legislature had failed to provide adequate funding for public schools and needed to provide more.
• Why it’s important: Instead of relying as much on local levies for funds, school districts will be largely funded by the state. But teacher salaries will be based in part on the local cost of living, which means many Yakima Valley teachers will receive less than their counterparts in Seattle and many other areas of the state. That worries some local administrators who say they will have trouble attracting teachers. Also, the Supreme Court says the state still needs roughly $1 billion more by next September to adequately fund school districts. It is unclear if lawmakers will agree on a funding source.
• What to look for: Sen. Curtis King, R-Yakima, and Rep. Gina McCabe, R-Goldendale, say McCleary is likely to be one of the two most dominate issues lawmakers will face this session.
Given opposition to the teacher pay issue, plus concern that districts can raise more with levies than they will get from the state, King said he anticipates changes to address those two issues. But it is unclear exactly what changes can be expected, he said. McCabe says the biggest hurdle is deciding where the $1 billion will come from.
Gov. Jay Inslee wants to take the money from budget reserves and then backfill that with his proposed carbon tax, which could face heavy opposition in the Legislature. McCabe said the passage of a carbon tax depends on what Inslee’s proposals are, but should it fail, she said the best option is to wait for the plan to be implemented despite a daily $100,000 fine being placed on the state by the high court.
Hirst Decision
• What it is: A 2016 state Supreme Court ruled that Whatcom County failed to protect water resources by allowing new wells to reduce flow in streams for fish and other uses. The high court ordered counties to develop their own plans for regulating water to ensure adequate supplies for landowners, irrigators and wildlife. Yakima County recently approved such a plan, but not without angering some who objected to its fees and permits.
• —Why it’s important: The decision affects water rights and determines who ultimately controls the state’s water. It has a large effect on rural landowners seeking to drill wells on their property. In the wake of the high court’s decision, some frustrated property owners complained they’d spent thousands of dollars preparing building lots only to discover they couldn’t get a building permit. Some counties say they don’t have the resources to conduct the hydrological studies required under the ruling. Republican lawmakers forced a stalemate on a capital budget last session when the Legislature was unable to reach agreement on a remedy.
• What to look for: Requiring rural landowners to obtain a permit to drill domestic wells has drawn the most vitriol. Rep. Bruce Chandler, R-Granger, and King said any legislation will likely address that issue, although exactly how remains unclear. McCabe said some Democrats may try to keep restrictions on drilling as required by the court ruling in place, but Republicans would argue to remove them.
“How this is determined will determines the future of rural Washington,” Chandler said. “If it’s implemented further, it will be disastrous for rural communities throughout Washington.”
Voting Rights Act
• What it is: A measure to allow certain cities to switch from at-large to district voting for local elected officials. Proponents say voting by district creates city councils that more closely reflect the makeup of a city’s population. In 2014, a federal judge ordered Yakima to move to district only voting, saying the at-large system had disenfranchised Latino residents. After that ruling, Pasco and Wenatchee attempted to move to district voting to avoid a similar legal challenge, but they were hampered by state law making it difficult.
• Why it’s important: Proponents say it’s a fairer election process that results in a council members who better reflect their districts. Under that system, adopted by court order in Yakima, three Latinos were elected to the council for the first time.
• What to look for: Bills dealing with this issue have stalled in the past. But with Democrats in control the measure has a far better chance of passage. McCabe predicts the measure has a better chance of passing because more people are paying attention to what happened in Yakima. “There’s more awareness because of What happened in Yakima,” she said. “Yakima was key in creating more discussion in the rest of the state.” She said she’s heard of at least two such bills — one in the Senate and one in the House — that lawmakers will begin discussing in the upcoming session.
Gun control
• What it is: In the always volatile issue of gun control, there may be signs of a bipartisan support to ban “bump-stocks,” devices that allow a semi-automatic rifle to fire so rapidly it approaches the speed of an automatic rifle. A Democratic-controlled Senate might be more likely to consider bills, such as more extensive background checks for semi-automatic military style rifles and safe storage requirements, but passing them will still be difficult.
• Why it’s important: Supporters of gun control say stringent gun laws make communities safer by keeping firearms out of the hands of people considered potentially dangerous. They note that a bump-stock was used in the Las Vegas mass shooting last October that killed more than 50 people. Opponents say placing regulations on guns infringes upon citizens’ constitutional rights and makes communities more dangerous by impeding people’s ability to defend themselves.
• What to look for: King anticipates Democrats will introduce one or two bills banning bump-stocks or other similar modifications to firearms, which he says some Republicans will likely support. McCabe said she’s heard Democrats plan to push safe storage requirements. But given the short session, they said it’s unclear whether legislators will have the time or willingness to pass any gun control measures.
Carbon tax
• What it is: Last month, Gov. Inslee announced he will propose a tax on carbon pollution to replenish the roughly $1 billion withdrawal from budget reserves he wants legislators to make to fund school spending. He’s refused to give details on the plan, saying it will be rolled out some time this month. A similar initiative in 2016 — which voters rejected — sought to place a tax of $15 per metric ton of carbon emissions on farms and businesses, with the tax increasing yearly until it capped at $100 per metric ton of emission.
• Why it’s important: Supporters of the tax say it would be a major help in preserving the environment by significantly reducing the state’s production of carbon — a main driver of global warming. Opponents say the tax would raise gas prices and would be a financial detriment to farmers and businesses
• What to look for: Lawmakers say what happens is contingent on the details of Inslee’s proposal, McCabe said it could see bipartisan support. “We all care about the climate, and I don’t think there would be hardcore opposition to a carbon tax as long as it struck a balance between the environment and the economy,” she said. “I’m not a fan of new taxes, but I’m also not a fan of not negotiating.”