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Last updated:  April 21, 2008

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Bill Watch - 2008 Session

Items in gray are dead.

E4SHB 1806 Pesticides in schools
SHB 2549 | SSB 6282 Patient-centered care
2SHB 2722 Achievement gap
ESSHB 2798 | SSB 6483 Local food production
HB 2922 On-site sewage disposal systems
2SHB 3227 Hood Canal water quality
SHB 3312 On-site sewage biological remediation technologies
HB 3345 Sewage system inspections
SSB 6042 Recess in elementary school
SB 6135 | HB 2516
Scoliosis screening
SB 6300 Mercury-containing vaccines
SSB 6620 | HB 3014 Biological remediation technologies
SB 6659 | HB 3160 Nutrition information

See also:
Bill Watch 2007 | Bill Watch 2006 | Bill Watch 2005

Bill Watch 2004 | Bill Watch 2003 | Bill Watch 2002

 

Washington State Legislature


It is the policy of the Washington State Board of Health (Policy 01-001) to monitor and comment on issues before the Legislature that fall into at least one of the following four categories.

  • Category 1: Impacts the Board’s statutory authority
  • Category 2: Runs counter to a policy direction the Board has established in rule
  • Category 3: Is directly related to one of the Priority Topics established by the Board each biennium, as supported by a Board-approved work plan, interim document, or final report
  • Category 4: Is directly related to a policy issue addressed in a policy statement adopted by the Board prior to each session

In addition, the Board thought it prudent to discuss some major issues likely to appear on the Legislature’s agenda and to reach agreement on the sense of the Board prior to session. The Statement of Policy on Possible 2008 Legislative Issues represents the sense of the Board on a limited number of significant issues that the Board discussed as a whole prior to session, and is intended to guide Board staff and individual Board members in their communications.


Bill Number:  E4SHB 1806
Short Title: Pesticides in schools
Prime Sponsor: Pedersen
Status: Technically dead
Digest: View digest for E4SHB 1806 on line.
Full Text: Full text of E4SHB 1806
Reason for Interest: Category 4: The Board adopted a statement of policy on possible 2007 legislative issues that includes supporting legislation that advances the goals of the Board for environmental health and safety in schools. The Board renewed its policy to support such legislation in January 2008. On December 13, 2006 the Board adopted a policy supporting the Department of Agriculture’s role as lead on pesticide management issues and encouraging an integrated pest management approach to reducing pesticide use in schools.
Explanation:  The Board supports the concept of development of a model integrated pest management policy for schools and the provision of technical support to schools by WSU’s urban integrated pest management program.
Recommendation: Support concept
Board Action: Letter with concerns about original bill sent to House Select Committee on Environmental Health in February 2007. The engrossed fourth substitute bill does not contain provisions for which the Board expressed concerns in the original version.
Staff Assigned:  Ned Therien
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Bill Number:  E2SHB 2549 | SSB 6282
Short Title: Patient-centered care
Prime Sponsor: Seaquist | Keiser
Status: Amended second substitute for HB 2549 both houses. Concurrence and funding required.
Digest: Original bill establishes a pilot project to provide funding and technical assistance to primary care providers willing and able to adopt and maintain medical home models. It requires a report to the health care committees of legislature on the progress and outcome of the pilot. E2SHB 2549 would fund a Department of Health collaborative and also includes a reporting requirement.
Full Text: Full text of E2SHB 2549
Reason for Interest: Category 3 and 4: Support for promoting medical homes is called out in the Board’s 2007 Strategic Plan and its 2008 policy statement.
Explanation:  Medical homes advance two of the Board’s strategic goals—improving access to preventive services and reducing health disparities.
Recommendation: Support concept.
Board Action: See letter on HB 2549
Staff Assigned:  Craig McLaughlin

Bill Number:  2SHB 2722
Short Title: Achievement gap
Prime Sponsor: Pettigrew
Status: Passed both houses. Concurrence and funding required.
Digest: View digest on line.
Full Text: View Full text for 2SHB 2722 on line.
Reason for Interest: Category 3: The Board’s 2007 Strategic Plan calls for the identification and support of efforts to simultaneously reduce health disparities and the academic achievement gap.
Explanation:  This bill would establish an advisory committee to create a plan to address the academic achievement gap for African American students. The link between academic achievement and health disparities is well established. Therefore, addressing the academic achievement gap for African American students has the potential to reduce health disparities over time. The Board recommends that the committee include public health representation and the concept be expanded in the future to address other groups that also experience significant gaps in academic achievement.
Recommendation: Support concept. Recommend amendment.
Board Action: Letter of support sent for HB 2722. Letter of support sent for 2SHB 2722.
Staff Assigned:  Christy Curwick Hoff
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Bill Number:  ESSHB 2798 | 2SSB 6483
Short Title: Local farms-healthy kids act
Prime Sponsor: Pettigrew | Hatfield
Status: 2SSB 6483 passed both houses. Funding and concurrence required. ESSHB 2798 is technically dead.
Digest: View digests for ESSHB 2798 and 2SSB 6483 on line.
Full Text: View Full text for SHB 2798 and 2SSB 6483 on line.
Reason for Interest:

Category 3 & 4: Is directly related to Board priority to promote policies that address the link between health disparities and academic achievement, and the nutrition and physical activity section of the 2008 policy statement.

Explanation:  Among other things, this bill would create a Washington-grown fresh fruit and vegetable grant program for schools serving grades K-8. Preference would be given to schools with 50% or more of their students eligible for free or reduced lunches. In addition, the bill has measures to make fresh fruits and vegetables more accessible for some low-income adults and families. The Board believes that these measures have the potential to increase children's opportunities to make healthy nutritional choices in schools and to improvement healthy nutritional opportunities in underserved communities.
Recommendation: Support concept
Board Action: Letters of support sent for HB 2798 and SB 6483.
Staff Assigned:  Tara Wolff
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Bill Number:  HB 2922
Short Title: On-site sewage disposal sys
Prime Sponsor: Ericksen
Status: Technically dead
Digest: View digest online
Full Text: Full text of HB 2922
Reason for Interest: Category 1: Reduces the Board’s statutory authority for small on-site systems
Explanation:  This bill would reduce the Board’s authority to adopt rules for (“small”) on-site sewage systems with design flows equal to or less than 3500 gallons per day that would be enforceable statewide. On-site rules adopted by the Board would be advisory only.  The bill would require local boards of health to adopt regulations for small on-site sewage systems. Local health officers would have discretionary authority whether to implement the provisions of chapter RCW 70.118A regarding on-site sewage systems in marine recovery areas. Statewide minimum requirements for small on-site systems were first adopted by the Board in 1974 in response to concerns about the great variability of local rules.
Recommendation: Oppose
Board Action: Craig McLaughlin testified in opposition
Staff Assigned:  Ned Therien
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Bill Number:  2SHB 3227
Short Title: Hood Canal water quality
Prime Sponsor: Eickmeyer
Status: Technically dead
Digest: View digest online
Full Text:

Full text of 2SHB 3227

Reason for Interest: Category 1: Impacts the Boards statutory authority. The Board’s on-site rules would need to be aligned with the new statutory requirements.
Explanation:  This bill would prohibit new or retrofitted on-site sewage systems or other waste water systems in aquatic rehabilitation zone one of Hood Canal, installed after July 1, 2009, to discharge more than 20ppm nitrates. The Board has adopted rules that regulate small on-site sewage systems to protect public health. These rules are implemented by local health jurisdictions. Local health jurisdictions would have challenges implementing these new provisions at the same time they are implementing new provisions in Board rules. The provisions of the bill might not provide intended improvement to aquatic rehabilitation zone one for on-site systems distant from the marine waters.

By December 1, 2008, the Departments of Health and Ecology must jointly report to the legislature the impact of removing phosphates from on-site sewage system discharges in aquatic rehabilitation zone one.

Recommendation: Support concept, recommend amendments
Board Action: Craig McLaughlin signed in for support of proposed substitute.
Staff Assigned:  Ned Therien
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Bill Number:  SHB 3312
Short Title: On-site sewage biological remediation technologies
Prime Sponsor: Chase
Status: Technically dead
Digest: View digest on line
Full Text: View text on line
Reason for Interest: Category 2: Contrary to policy direction established by Board in rule governing small onsite systems.
Explanation: 

SHB 3312 prohibits local health agencies charging permit fees for biological treatment device installation in on-site sewage systems. Local health agencies rely on fees to fund activities to approve and monitor on-site sewage systems.

SHB 3312 would exempt proprietary biological treatment units until July 2010 from Board rules that such devices must be evaluated and approved by the Department of Health.  Local health jurisdictions could allow installation of these devices on failing systems without DOH approval of the devices. Manufacturers of the devices would be required to provide documentation of product performance.

The bill would allow installation of the devices in on-site systems with non-failing drainfields without a permit from the local health agency. Local may require the installations to be registered, without a fee. Use of the devices in non-failing systems could be problematic in some situations. Although the devices appear to have value for drainfields failing because of excessive biomat, some biomat in drainfields is needed to provide treatment of the sewage before it discharges to the soil.  Local health agency oversight of such installations might better assure public health protection.

The Board initiated rule making in 2006 to develop standards for approving drainfield remediation technologies. Lack of staff expert in on-site systems has delayed rule making. This bill would set a time limit of July 2010 for completing a Board rule.

Devices used on failing or non-failing systems after the Board adopts rules must be on a list of devices approved by the Department of Health.
Recommendation: Concerns, recommend amendments
Board Action: Craig McLaughlin testified about concerns
Staff Assigned:  Ned Therien
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Bill Number:  HB 3345
Short Title: Sewage system inspections
Prime Sponsor: Linville
Status: Technically dead
Digest: View digest online
Full Text: Full text of HB 3345
Reason for Interest: Categories 1 & 2: Impacts the Board’s statutory authority. Runs counter to a policy direction established in Board rule for small on-site systems
Explanation:  This bill would establish inspection frequencies for on-site sewage systems in law.  The frequencies would be lengthened beyond the minimum in the Board’s current rules, which could lead to more failures caused by problems left unidentified for too long.  The required inspection frequencies could become quite varied between systems, which could make tracking difficult for local health agencies and homeowners. The Department of Health, rather than the Board, would be required to revise a Board rule to implement these provisions.
Recommendation: Oppose
Board Action: Craig McLaughlin testified in opposition
Staff Assigned:  Ned Therien
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Bill Number:  SSB 6042
Short Title: Recess in elementary schools
Prime Sponsor: Franklin
Status: Technically dead.
Digest: View digest online.
Full Text: Full text of SB 6042 and SSB 6042
Reason for Interest: Category 4: Is directly related to a policy issue addressed in a policy statement adopted by the Board prior to each session. This bill relates to the "School Health - Physical Activity and Nutrition" section of the Statement of Policy on Possible 2008 Legislative Issues which indicates that the Board supports using public health best practice models to improve the physical activity and nutrition practices in schools.
Explanation:  The Board believes public policy should encourage physical activity. The board is particularly concerned about childhood obesity rates and its potential link to physical inactivity.
Recommendation: Support
Board Action: Letter of support sent for SB 6042
Staff Assigned:  Tara Wolff
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Bill Number: 

SB 6135 | EHB 2516

Short Title:

Scoliosis screening

Prime Sponsor:

Marr | Green

Status: Technically dead
Digest:

View digest on line of SB 6135 | EHB 2516

Full Text:

View text on line of SB 6135 EHB 2516

Reason for Interest:

Category 1: The board has statutory authority to adopt rules for scoliosis screening. This bill would rescind that authority.

Explanation:  The Board does not believe screening asymptomatic adolescents for scoliosis results in earlier detection. It passed a motion at its January 2008 meeting supporting the concept of rescinding mandatory school-based scoliosis screening in Washington State.
Recommendation:

Support concept.

Board Action:

Craig McLaughlin signed in to support HB 2516.  Tara Wolff signed in to support SB 6135

Staff Assigned:  Tara Wolff
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Bill Number:  SB 6300
Short Title: Mercury-containing vaccines
Prime Sponsor: Oemig
Status: Technically dead
Digest:

View digest online.

Full Text: Full text of SB 6300
Reason for Interest: Category 4: The bill relates to the "Immunizations" section of the Statement of Policy on Possible 2008 Legislative Issues,  which state that the Board supports the practice of purchasing vaccines recommended by the Advisory Committee on Immunization Practices (ACIP) for all children. The board also supports efforts to increase full immunization of children and adults.
Explanation:  This bill significantly limits the amount of mercury in influenza vaccines. This limitation in not in synch with recommendations from the Institute of Medicine report Immunization Safety Review: Vaccines and Thimerosal, CDC recommendations, or the latest studies on autism and thimerosal. The mercury limits in the bill have the potential to make it difficult or impossible for the state to purchase influenza vaccines in sufficient quantity thereby resulting in shortages. This bill also includes additional disclosure requirements regarding mercury levels in vaccines and associated health risks. However information on thimerosal and how to report adverse reactions is already contained in the Vaccine Information Statements which health care providers are required to give to every patient. Also supplying every patient with the Vaccine Adverse Event Reporting System (VAERS) form, may create fear of vaccine which could cause a decrease in the number of people vaccinated against influenza and increased hospitalizations.
Recommendation: Oppose
Board Action: Testified in opposition.
Staff Assigned:  Tara Wolff
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Bill Number:  ESSB 6620 | HB 3014
Short Title: Biological remediation technologies
Prime Sponsor: Pridemore | Chase
Status: Technically dead
Digest: View digest on line of SSB 6620 | HB 3014
Full Text: View text on line of SSB 6620  HB 3014
Reason for Interest: Category 2: Contrary to policy direction established by Board in rule governing small onsite systems.
Explanation:  SSB 6620 would exempt proprietary biological treatment units that meet certain criteria from Board rules that such devices must be evaluated and approved by the Department of Health. Local health jurisdictions could permit installation of these devices on failing systems without DOH approval until the Board adopts required rules and DOH develops a list of approved devices.

The devices could be installed in on-site systems with non-failing drainfields without the approval of either local health or state health agencies. After the Board adopts rules and DOH develops a list of approved devices, only approved devices could be installed. No permit for installation of these devices on non-failing systems could be required.

The Board initiated rule making in 2006 to develop standards for approving drainfield remediation technologies. SSB 6620 would set a time limit for completing Board rule making by July 2010.
Recommendation: Concerns
Board Action: Craig McLaughlin testified with concerns about SB 6620
Staff Assigned:  Ned Therien
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Bill Number:  SB 6659 | SHB 3160
Short Title: Nutrition information
Prime Sponsor: Prentice | Springer
Status: Technically dead
Digest: View digests for SB 6659 and SHB 3160 online.
Full Text: View full texts of SB 6659 and ESHB 3160 online.
Reason for Interest: Category 4: The Statement of Policy on Possible 2008 Legislative Issues states that the Board opposes state preemption of local authority to develop and implement promising policies intended to reduce the disturbing prevalence of overweight and obesity.
Explanation:  The original bills required a covered food facility to make specific nutrition information available to consumers for each standard food item. The bills would have also preempted local boards of health or health districts from adopting an ordinance, rule, policy, regulation, or permit requirement regarding mandatory menu labeling or nutritional information disclosure at restaurants affected by the bills. They also stated that any ordinance, rule, policy, regulation, or permit requirement regarding mandatory menu labeling or nutritional information disclosure at covered restaurants adopted prior to the effective date of the bills is null and void and is superseded by the requirements by the bills. SHB 3160 stripped out everything but the title and the intent section. The engrossed version created a task force to study the issue and established a moratorium. The moratorium was then amended out.
Recommendation: Oppose original. Neutral on engrossed version.
Board Action: Craig McLaughlin signed in opposed to SB 6659. He also testified at the request of the House Commerce & Labor Committee and stated the Board's opposition to pre-emption in HB 3160.
Staff Assigned:  Tara Wolff
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