Washington SB 5804: Prohibiting gain-of-function research.

Bill Text

AN ACT Relating to fish habitat restoration in response to the 1
federal court injunction and supported by changes to the state tax 2
structure and authorization of bonds; amending RCW 82.16.020, 3
82.18.040, and 82.45.230; reenacting and amending RCW 43.155.050; 4
adding a new section to chapter 82.16 RCW; adding a new chapter to 5
Title 77 RCW; creating a new section; providing an effective date; 6
and providing a contingent expiration date.7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:8
NEW SECTION. Sec. 1. The legislature finds that habitat loss, 9
both in quantity and quality, has been identified as one of the 10
greatest risks to survival for salmon and steelhead populations. 11
Hydropower dams and unpassable road culverts block large areas of 12
former salmon habitat. Restoration of habitat is essential for the 13
recovery of salmon and steelhead populations across the west coast 14
and an obligation of the state under the federal injunction issued in 15
United States v. Washington.16
The federal court found that the state has a treaty-based duty to 17
refrain from building or operating culverts under state-maintained 18
roads that hinder salmon passage. The cost of reparations is 19
estimated to exceed $5,000,000,000, which cannot be absorbed in 20
current budgets.21
S-2675.2
SUBSTITUTE SENATE BILL 5804
State of Washington 69th Legislature 2025 Regular Session
By Senate Ways & Means (originally sponsored by Senators Trudeau,
Kauffman, Schoesler, Chapman, Dozier, Liias, and Pedersen)
READ FIRST TIME 04/08/25.
p. 1 SSB 5804

The legislature acknowledges both a moral and legal obligation to 1
address salmon habitat and therefore intends to invoke an exceptional 2
remedy to create special tax revenue bonds funded by a tax on light 3
and power utility businesses. The tax is dedicated to improving 4
salmon and steelhead recovery and habitat restoration by addressing 5
projects identified in response to the federal injunction. While the 6
new tax is created to evidence the legislature's commitment to 7
dedicate these funds for the duration of bond repayment, the tax is 8
structured to ensure it will result in no additional obligation to 9
the taxpayer.10
Sec. 2. RCW 82.16.020 and 2017 3rd sp.s. c 10 s 14 are each 11
amended to read as follows:12
(1) There is levied and collected from every person a tax for the 13
act or privilege of engaging within this state in any one or more of 14
the businesses herein mentioned. The tax is equal to the gross income 15
of the business, multiplied by the rate set out after the business, 16
as follows:17
(a) Express, sewerage collection, and telegraph businesses: Three 18
and six-tenths percent;19
(b) Light and power business: ((Three and sixty-two one-20
hundredths)) 1.741 percent;21
(c) Gas distribution business: Three and six-tenths percent;22
(d) Urban transportation business: Six-tenths of one percent;23
(e) Vessels under sixty-five feet in length, except tugboats, 24
operating upon the waters within the state: Six-tenths of one 25
percent;26
(f) Motor transportation, railroad, railroad car, and tugboat 27
businesses, and all public service businesses other than ones 28
mentioned above: One and eight-tenths of one percent;29
(g) Water distribution business: Four and seven-tenths percent;30
(h) Log transportation business: One and twenty-eight one- 31
hundredths percent. The reduced rate established in this subsection 32
(1)(h) is not subject to the ten-year expiration provision in RCW 33
82.32.805(1)(a).34
(2) An additional tax is imposed equal to the rate specified in 35
RCW 82.02.030 multiplied by the tax payable under subsection (1) of 36
this section.37
(((3) Twenty percent of the moneys collected under subsection (1) 38
of this section on water distribution businesses and sixty percent of 39
p. 2 SSB 5804

the moneys collected under subsection (1) of this section on sewerage 1
collection businesses must be deposited in the education legacy trust 2
account created in RCW 83.100.230 from July 1, 2013, through June 30, 3
2023, and thereafter in the public works assistance account created 4
in RCW 43.155.050.))5
NEW SECTION. Sec. 3. A new section is added to chapter 82.16 6
RCW to read as follows:7
(1) There is levied and collected from every person engaging 8
within this state in any light and power business, a tax imposed at 9
the rate of 2.01053 percent, multiplied by the gross income of the 10
business.11
(2) The moneys collected from the tax pursuant to this section 12
must be deposited in the federal injunction salmon habitat 13
restoration account created in section 11 of this act and must be 14
used exclusively for the purposes of mitigating the impact of fish 15
passage barriers and improving salmon and steelhead recovery and 16
habitat restoration as provided in section 11(2) of this act.17
Sec. 4. RCW 82.18.040 and 2017 3rd sp.s. c 10 s 15 are each 18
amended to read as follows:19
(1) Taxes collected under this chapter must be held in trus