Special Session: Addressing the Blake Decision 

After continued negotiations with all four caucuses in the Legislature, the governor called us in for a special session last week to craft new drug possession laws for our state.

As many of you know, the Washington State Supreme Court’s ruling in State v. Blake overturned the state’s felony drug possession law, creating a gap in policy that was set to expire on July 1. With the expiration approaching, several cities and counties had announced their intent to pass their own ordinances, potentially leading to a confusing patchwork of policies, treatment options, and penalties. Recognizing the need for clarity and stability in our communities, it was imperative for us to act.

I am pleased to share that the legislature successfully passed a new drug possession law during the special session. We deliberated on various approaches to ensure that individuals struggling with substance use disorders receive the necessary support and services, while also addressing the public safety concerns associated with drug possession. Our efforts have resulted in a law that strives to strike this delicate balance.

The new law (SB 5536) ramps up recovery support that is proven to work, builds out low-barrier access to treatment, and provides avenues for accountability with plenty of offramps to treatment. To limit the exposure to the criminal justice system for those suffering from substance use disorder, the law caps incarceration time to 6 months for the first two offenses and financial penalties to $1,000. It also keeps local jurisdictions from penalizing drug paraphernalia, something they can currently do today.

This new law recognizes that substance use disorder is a public health problem and deserves a public health response. True accountability begins with connection to community, support, and services.

Addiction knows no boundaries, affecting every community. We all bear the weight of its harm, street by street and neighborhood by neighborhood. During the May 16^th special session, I shared my personal story of being struck by a drug-impaired driver: every community in Washington feels the impacts of substance use disorder. This bill offers a solution, a hard-fought compromise, to safeguard our cities, communities, and families. Together, we can bring consistency and healing to every corner of our state.

Putting People First

The Legislature is committed to building a more inclusive, equitable, and sustainable society through evidence-based policymaking, collaboration, and a focus on the needs of all Washingtonians. Here’s a look at some of what we accomplished this year:

Leading the fight to protect reproductive rights and gender affirming care

Our commitment to protecting reproductive rights and gender-affirming care in Washington state is reflected in the critical legislation we passed this session, including the My Health, My Data Act, protection of providers against retaliation for providing reproductive care, the Shield Law, elimination of co-pays and deductibles for abortion care, and allowing the distribution of mifepristone. We also passed legislation to ensure shelter for youth seeking gender-affirming care and reproductive services in Washington. While other states around the country are passing laws that ban access to abortion and send a chill through the trans community, Washington state is saying we value and celebrate all young people, especially those in the toughest moments of their lives. Everyone should have access to safe, legal, and affordable reproductive healthcare, and we will continue fighting for these fundamental rights.

Taking action for safer communities: gun safety measures

This year we passed historic bills, making amazing progress in the fight for gun responsibility. This has been a long-time passion of mine: it pains me deeply to witness the intergenerational anxiety caused by gun violence in schools, and the resulting trauma experienced by our children, families, and communities.

The legislature took critical steps toward achieving comprehensive gun responsibility by banning assault weapons, mandating firearm safety training and a 10-day waiting period before someone can own a gun. This ensures that firearm industry members are held accountable for responsible sale, distribution, and marketing of their products. These new laws represent a significant effort towards ensuring the safety of our communities and preventing the devastating impact of gun violence on our families and loved ones.

Housing for every person in every corner of Washington

This year, my colleagues and I made housing our top legislative priority and we have successfully passed policies to address Washington’s housing supply crisis. With the shortage of about 150,000 units and the number rapidly increasing, we recognized the need for more homes of all types to provide affordable housing options for everyone. Our focus was on allowing more diverse housing options and streamlining the regulatory process to make it easier for developers to build.

We passed bills which require cities to allow for more diverse housing options in residential neighborhoods, eased barriers to accessory dwelling units (ADUs), and help to rapidly convert unused or underused existing buildings into new housing. We also increased the benchmark for area median income to finance affordable housing. Additionally, several bills have been passed to support housing stabilization, by establishing a covenant homeownership account and program allowing cities to use surplus public lands to develop deeply affordable housing, and protecting renters from unfair deposit claims.

Breaking down barriers to education

The Student Basic Needs Act removes barriers to educational opportunity for students in Washington by ensuring their basic needs are met. The bill requires higher education institutions to develop Hunger-Free Campus Strategic Plans to provide access to basic needs, such as food and shelter, for all students. This is important because many students, especially those of color, LGBTQ, or with histories of foster care and incarceration, experience hunger or housing insecurity, which hinders their ability to focus on their studies.

Additionally, we passed legislation which requires schools to inform students and families about dual-credit programs and financial assistance, providing low-income and underrepresented students with access to higher education. By breaking down barriers to college-level coursework, this bill promotes social mobility and economic success, creating a more equitable higher education system for all students.

Bold climate action for the future of our state

We passed many environmental policies to address various issues related to climate change, pollution, and sustainability. We are committed to taking bold action to protect the environment and build a cleaner, more resilient future for all. From streamlining clean energy siting to banning toxic chemicals in cosmetics, these policies represent a significant step forward in the state’s efforts to tackle environmental challenges and create a more sustainable future.

Investing In Our Community

I am delighted to share with you that many meaningful, community-oriented projects in our district have been funded in the 2023-2025 Capital Budget. These projects will not only benefit our local communities but also contribute to the overall economic development of our region.

Here are the projects we’ve secured funding for:

• Mays Pond Playground in Bothell: This project aims to create a new playground that will enhance the quality of life for our residents, particularly our youth.
• Mill Creek City Hall North Renovation: This project will renovate Mill Creek City Hall North to better serve the needs of our community, providing more efficient services and increasing accessibility.
• Mill Creek Multiuse Recreational Property: The project will create a recreational area for our residents, promoting healthy and active lifestyles while providing more opportunities for community engagement.
• Snohomish Boys & Girls Club Teen Center: This project will establish a new Teen Center in the Boys & Girls Club in Snohomish, providing a safe space for our youth to socialize and learn.
• Snohomish Public Safety & City Services Campus: This project will create a new campus for public safety and city services in Snohomish, improving response times and providing more efficient services.
• Community Floodplain Solutions – Phase 3 Implementation: This project will help our communities prepare for and respond to disasters by implementing floodplain solutions.
• Snohomish Readiness Center: This project will enhance our readiness for disaster response, increasing the safety and well-being of our community.
• Brian Abbott Fish Barrier Removal Board: This project aims to restore fish passages and improve the overall health of our ecosystems.
  • Sexton Creek Fish Passage Restoration: This specific project will work on restoring fish passage in Sexton Creek.
  • Williams Creek Fish Passage Design: This project will design fish passage in Williams Creek.
• Chinook Marsh Restoration Feasibility Phase 1: This project will restore the health of our estuaries and salmon population, contributing to the overall ecological health of our district.
• LG Willis Tucker Park Ball Field Lighting: This project will create better youth athletic facilities, providing a safe and inclusive environment for our children.

I am so excited about all of these projects and believe all of them will have a significant impact on our district, and I am excited to see the progress they will bring. Thank you for your continued support and advocacy for these initiatives.

A Budget for All Washingtonians

The Resilient Washington 2023-2025 Operating Budget is a $69.3 billion budget investing in equity, environmental protection, poverty and homelessness reduction, public safety, and ensuring that individuals and families have access to the necessary resources to succeed. The budget prioritizes equity considerations, relying on what communities have shared with lawmakers to guide decisions, considering racial equity with targeted investments while also weaving equity throughout the budget.

The two-year operating budget adds roughly $4.7 billion in new spending, leaves $3 billion in total reserves, and does not rely on any new general taxes or fees. It also maintains the services expanded using federal funds during the pandemic that protected vulnerable Washingtonians.

Here’s a closer look at some of the investments we have planned for the upcoming years.

• Children, Youth and Families: $590 million
• K-12 Education: $2.2 billion
• College and Workforce Development: $382 million
• Long Term Care and Developmental Disabilities: $1.8 billion
• Behavioral Health: $1.1 billion
• Public Health and Healthcare: $1 billion
• Homelessness and Housing: $519 million
• Human Services and Poverty Reduction: $397 million
• Natural Resources: $684 million

I’m so proud of the work from this session that will improve the lives of Washingtonians and make our communities safer, greener, and more equitable.

As we move forward, I encourage you to stay involved, stay informed, and continue advocating for the issues that matter to you. Stay tuned for information about opportunities to connect over the interim. I look forward to working together towards a brighter future for our state.

Sincerely,

Rep. April Berg