WA fines Yakima grower $290k after two fatal tractor rollovers

Washington’s Department of Labor & Industries handed a Yakima orchard $290,000 in fines after two workers died in tractor rollovers this summer, the safety agency announced today

The agency issued Borton & Sons five willful serious citations for the two deaths, citing them for failing to ensure a rollover protection system was being used and that workers wore seatbelts. Willful violations are given when L&I believes employers knew or should have known the safety standards, but failed to make sure they were being followed. 

Farmworker Gilberto Padilla died on May 7 as he was driving a tractor between orchards, according to the inspection summary. The vehicle rolled after he drove over front counterweights that had fallen off. About a month later, on June 8, Oscar Rodriguez-Olivera died in a tractor rollover after he made a sharp turn traveling down a hill, according to L&I.

In both deaths, the protection system to prevent workers from being crushed in a rollover was not in use, according to L&I. Nor were the workers wearing seatbelts. L&I officials stated they had directed Borton & Sons to ensure the proper use of rollover protections and seatbelts after the first death. The agency also cited the company for allegedly altering the scene of the second fatality before an L&I inspection began.

“Using a rollover protection bar and seat belt is such a simple way to save workers’ lives. These incidents should not happen,” Craig Blackwood, assistant director for L&I’s safety and health division, said in the press release. “Orchard owners have the responsibility to make sure workers use safety systems. If Borton & Sons had been vigilant, these workers might be alive today.”

Borton & Sons has a history of safety citations and penalties violations, according to data collected by the Occupational Safety and Health Administration. The fruit grower is contesting the 2023 fines. 

L&I issued more than $14.7 million in fines last year to companies for violating health and safety laws. A recent Crosscut investigation found the agency later reduces many initial penalties, and sometimes struggles to head off repeat safety violations even after a worker has died.

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WA Legislature reviews joining CA, Quebec carbon pricing program

a gas station in Washington

Gas prices in Washington state were the highest in the nation this past summer. (Genna Martin/Crosscut)

A proposal to link Washington’s cap-and-invest system with California’s and Quebec’s combined program drew no opposition, but did collect several requests for technical tweaks during a hearing Friday before the Senate Energy & Environment Committee.

Senate Bill 6058 is intended to create a larger carbon-pricing market to bring down bidding allowances, and is supposed to shrink the impact on gas prices of Washington’s cap-and-invest program.

Washington’s year-old cap-and-invest program has added 21 to 50 cents per gallon at the pump, depending on how the calculations are done. The quarterly settlement prices in 2023 — $48.50 to $63.03 per allowance, representing one metric ton of emissions — were much higher than state experts predicted in 2021. By comparison, California’s settlement auction prices began in 2012 at $10 per allowance, reaching slightly above $36 in 2023.

‘“This will help bring down costs for customers,” said Matt Miller, a lobbyist for Puget Sound Energy, at the hearing.

Committee Chairman Sen. Joe Nguyen, D-White Center and sponsor of SB 6058, said joining the larger California/Quebec market would shrink and stabilize auction prices. He hoped that the larger markets would encourage other states to join the coalition to further shrink auction prices. Currently, New York is designing its own cap-and-trade program and New England has a limited program for some utilities.

The earliest this linkage could take place is 2025. However, a public referendum on repealing the entire cap-and-invest program is likely going to Washington voters in November.

Most of the proposed changes in the bill are highly technical, involving how many allowances an individual bidder could buy.

Both business and environmental speakers at the hearing were largely in favor of SB6058, but Sept Gernez of the Washington Sierra Club expressed concerns that lowering auction prices would also decrease the amount of money going to climate-change mitigation efforts – the “invest” part of the system.

Even the Washington Policy Center, which supports eliminating the program entirely due to gas price hikes, spoke in favor of linking with California and Quebec. However, Todd Myers, the WPC’s environmental issues director,  wondered if a wider cap-and-trade market would bring outside political and economic pressures into the Washington system. 

Seattle light-rail riders: Get ready for 3 weeks of long delays

a light rail train pulls into a station on elevated tracks. it's passing an apartmnet building with a colorful flower mural painted on the side

A light-rail train heads out of the Mount Baker station south toward Angle Lake, Feb. 11, 2022. (Genna Martin/Crosscut)

Link light-rail riders heading to or through Downtown Seattle will have to navigate significant delays for the next three weeks as Sound Transit repairs a section of worn track near Westlake Station and replaces signal boxes.

The work begins Jan. 13 and will continue through Feb. 4.

Monday through Friday during the work period, trains will run the full length between Northgate and Angle Lake Stations only every 26 minutes. Additional trains will run every 13 minutes between Northgate and University of Washington (Husky Stadium) stations and between Angle Lake and Stadium Station.

Those needing to ride to Capitol Hill, Westlake, University Street, Pioneer Square or Chinatown-International District stations will either need to wait and catch one of the every-26-minute full-service trains or transfer at University of Washington Station or Stadium Station and wait there for a full-service train.

Those boarding from a Downtown station can expect especially long waits for a train going the direction they need. 

On weekends during the work period, trains will not run between SODO and Capitol Hill Stations. All stations from Stadium to Westlake will be closed. Trains will still run every 15 minutes north of Downtown between Northgate and Capitol Hill and south between SODO and Angle Lake.

A shuttle bus running every 10-15 minutes will take passengers through Downtown with stops at each closed station. Passengers going to or through Downtown will need to get on the shuttle bus at Capitol Hill or SODO.

The rail replacement is necessary to fix 500 feet of northbound track that curves sharply between University Street and Westlake. Currently the worn-down track makes for a bumpy ride, according to a Sound Transit spokesperson. Over time, the wear could have posed a safety risk.

The agency is also replacing 58 signal boxes that provide connections to the tracks. Sound Transit says the damage was caused by buses between 2009 and 2019 when the Downtown transit tunnel was shared by buses and trains.

Housing density bill passes WA House on day one of 2024 session

a photo of two homes under construction side by side

Two houses under construction in a Seattle neighborhood, photographed Aug. 2, 2014. (Ted S. Warren/AP)

State lawmakers are wasting no time getting going on their 2024 housing agenda.

On Monday, the first day of the 2024 legislative session, the House of Representatives voted 94-4 to pass House Bill 1245, which would allow single-family parcels to be divided into two lots to incentivize the development of more and smaller single-family homes.

“Washington is producing the fewest housing units per household of any state because we are hampered by restrictive zoning laws and an antiquated Growth Management Act,” said lead sponsor Rep. Andrew Barkis, R-Olympia, in an emailed statement after the bill’s passage Monday. “This bill would remove unnecessary barriers to provide Washingtonians more homeownership opportunities and the ability to develop their own property.”

The bill aims to allow for denser development within existing single-family neighborhoods. And because the houses will be smaller by necessity, the hope is that they will be sold for less than the typical large single-family home built today.

Barkis also said that “lot splitting could be a major source of affordable housing for young professionals, seniors and everyone in between.”

A nearly identical version of the bill passed out of the House in 2023, but died in Senate committee without receiving a vote.

If it passes this year, Washington property owners in any residential zone that allows single-family units would be allowed to split a lot and sell it for construction of a second unit. The bill stipulates that each lot could be no smaller than 1,500 feet and must be at least 40% the size of the original lot.

For many cities this would be a marked change. Existing zoning laws, which vary by city, set minimum lot sizes for single-family homes. The longtime standard in Seattle, for example, was one unit per a minimum of 5,000 square feet in single-family zones.

The impact would be muted in Seattle because single-family homeowners can already build two accessory dwelling units on any residential lot — one attached to the main house and one free-standing. Accessory dwelling units can be sold to individual owners in Seattle through condominium agreements.

But even for Seattle, there could be benefits. In its analysis of the 2023 version of the bill, the think tank Sightline said that lot splitting would allow for simpler ownership and easier mortgage financing than backyard cottage condo setups.

More generally, Sightline said, lot splitting would help create starter homes, provide lower-priced entry points to amenity-rich single-family neighborhoods, disincentivize demolition of older homes for construction of McMansions and more.

Lot splitting is just one of many housing bills lawmakers hope to tackle in the short 60-day session. Others include rent stabilization, increasing density near transit and finding a new dedicated revenue source for subsidized affordable housing construction.

HB1245 now heads to the Senate for consideration.

Sixteen geographic areas around Washington are “overburdened” by air pollution, doubling the risk of early death for residents who live in those places, according to a report released last week by the state Department of Ecology.

The geographic areas identified, in descending order of population, are South King County; South Seattle; Spokane and Spokane Valley; South and East Tacoma; Tri-Cities to Wallula; Vancouver; Everett; East Yakima; Lower Yakima Valley; North Seattle and Shoreline; Wenatchee and East Wenatchee; Ellensburg; Northeast Puyallup; Moxee Valley; Mattawa; and George and West Grant County. 

The report on overburdened communities – required by the state’s Climate Commitment Act to be released every two years – “found that people of all ages in the communities lived an average 2.4 years less than people in the rest of Washington” due to health conditions linked to air pollution. Researchers also found higher rates of chronic respiratory and cardiovascular conditions in the affected areas.

The Climate Commitment Act, passed in 2021, capped carbon emissions statewide and put a price on those allowed emissions set at auction. Pollution-generating businesses buy allowances, and the money raised pays for projects aimed at lowering emissions. The program also has an environmental justice element, prioritizing projects that ease the impact on communities that historically have borne the brunt of industrial and air pollution. 

About $2 billion was raised in 2023, the first year of the cap-and-invest program. While critics and some supporters of the program have linked it to Washington’s rising gas prices, some political leaders say the oil industry’s increasing profits despite cap-and-trade programs call that direct link into question.

A conservative group Thursday handed in signatures for Initiative 2124, which could effectively dismantle WA Cares, Washington state’s social insurance program for long-term care. If approved, I-2124 would among other things change the law so residents could opt out of the program and its 0.58% payroll tax.

Passed by the Legislature in 2019, the WA Cares Act is intended to help qualifying residents pay for in-home nursing or respite care, meal deliveries and other home-care items like wheelchair ramps. In July, employers began withholding money from employees’ paychecks for the program through a payroll tax.

The program had a rocky rollout, with the Democratic-controlled Legislature and Gov. Jay Inslee having to pause and make changes to the law. Conservatives have critiqued the program, its 0.58% payroll tax, and benefit eligibility requirements meaning that not everyone who pays the taxes will be able to use the fund.

A coalition that works to support the WA Cares Act released a statement blasting the proposed initiative shortly after the petitions were turned in.

“Millions of working Washingtonians are counting on the WA Cares Fund to help pay for their care in case of injury, illness, or age,” Jessica Gomez, campaign manager for We Care For WA Cares, said in prepared remarks. “By effectively repealing WA Cares, this initiative would force workers to choose between depleting their savings to qualify for Medicaid, or betting on long-term care insurance only the wealthiest can afford.”

I-2124 is the last of six proposed initiatives submitted by GOP-backed group Let’s Go Washington, potentially putting major Democratic policies from recent years on the November election ballot. Also included in the half-dozen initiatives is a measure to repeal the state capital gains tax, one to roll back the state’s carbon-reduction law and one to loosen a law restricting law enforcement vehicle pursuits. The state secretary of state’s office will begin checking the petitions in the coming days to make sure enough signatures are from valid Washington voters.

In a statement after the signatures were turned in, Redmond businessman Brian Heywood – who is leading and providing the bulk of the funding for Let’s Go Washington – called the WA Cares Act “deeply flawed” and looked forward to the qualifying of the six initiatives.

 “Washington voters want to be able to pay their bills, protect their family and build a future here in this state,” Heywood said in prepared remarks. “Each of these initiatives will help us bring the state back into line with these priorities and fix what is broken.”

If Let’s Go Washington’s measures qualify, they’ll go first to the Legislature, where lawmakers are scheduled to begin the legislative session Jan. 8. Lawmakers can either approve initiatives to the Legislature or take no action, which would then send such measures to the November election ballot. The Legislature could also approve an alternative measure, in which case both the alternative and the initiative would go to the ballot.

Lisa Brown is sworn in as the new mayor of Spokane

Lisa Brown during election night in November 2023

Lisa Brown speaks with an attendee at an election-night results watch party at Spokane’s Riverside Place, Tuesday, Nov. 7, 2023. (Young Kwak for Crosscut)

Calling for a “better way” going forward, Spokane Mayor-elect Lisa Brown took her oath of office Wednesday during a ceremony at the Central Library. 

She replaces outgoing Mayor Nadine Woodward after one of the most contentious local races in last month’s general elections in Washington. Brown’s term officially starts on Jan. 1. 

Following taking the oath, Brown said she felt different ways at once, including “terror” at the complicated problems she would tackle. “I fully expect, despite all the great jobs I’ve had in my life, that this will be the hardest one.” 

But at the same time, she said she was also excited because of the many “talented, passionate and compassionate people who want to be part of making Spokane better.”

“In essence, I feel hopeful for our city,” she said.

Brown comes to the mayor position with extensive public service experience that has included representing Spokane in the Washington State Legislature for more than two decades. Most recently, she served as director of the Washington state Department of Commerce. 

Brown said in preparation for her term she invited nearly 100 people of diverse experience and backgrounds to participate in work groups to identify issues and solutions in five areas — public safety, health and housing, economy and workforce, environment and sustainability, and families and communities. 

Brown said she didn’t expect Spokane’s divisions to disappear with her election but believed the city could overcome them over time by working together. 

It’s time for us to come together and focus on solutions, not jurisdictions, on people, not political differences, to join hands instead of pointing fingers,” Brown said. “A better way starts now, and it starts with all of us.”

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Lisa Brown takes the oath of office at Spokane's Central Library. on Wednesday, Dec. 27, 2023. (Screenshot courtesy of Spokane Public Library live stream)

Brown defeated Woodward during last month’s general election, 51.74% to 47.71%. The race generated more contributions than any other local race statewide, including ones for Seattle City Council seats. 

Councilwoman-elect Kitty Klitzke also was sworn in during Wednesday’s ceremony. Klitzke had campaigned alongside Brown and previously worked for Brown during her 2018 run for U.S. Congress against U.S. Rep. Cathy McMorris Rodgers.

Klitzke said working for Brown’s congressional campaign inspired her continued involvement in public service. 

“I do want to thank Lisa Brown, who is a leader and always leaves the door open behind her and beacons the next generation in,” she said.

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Marcus Henderson works in the community garden on Thursday, June 11, 2020, in Seattle's Capitol Hill Autonomous Zone (CHAZ). The area surrounding Cal Anderson Park on Capitol Hill had been claimed by protesters and included art instillations, a co-op, medical tent and library. (Sarah Hoffman/Crosscut)

A community garden in Capitol Hill’s Cal Anderson Park that was established as part of Seattle’s 2020 Black Lives Matter protests was removed by the city’s Parks and Recreation Department Wednesday.

The city, which did not sanction the garden, cited “public health and public safety issues” including vandalism of the park’s public bathrooms. City crews also removed tent encampments in and around the park.

Black Lives Memorial Garden was created by participants of the 2020 Capitol Hill Occupied Protest (CHOP), an occupation protest against police brutality and racial injustice that took over several city blocks including Cal Anderson Park. CHOP was largely cleared from the streets and sidewalks after about a month of occupation, though marches and rallies continued in the neighborhood and the garden remained.

Parks officials said they had been negotiating with organizers Black Star Farmers Collective to find a new location for several months before dismantling the garden on Wednesday.

Supporters, who posted a petition to save the garden when plans emerged in October to remove it, called the site “an ongoing, occupied protest space started in 2020 by people taking land back and organizing against police violence.” 

“We see this threat for what it is - an attempt to suppress BIPOC-led movements for liberation and decolonization,” petition organizers said on Change.org. Community group Cal Anderson Park Alliance also opposed clearing the garden from the park, according to the Capitol Hill Seattle Blog.

However, other community leaders, including leadership in the state and local NAACP, relatives of Charleena Lyles and Che Taylor, who were killed by Seattle police, and Seattle City Councilmember-elect Joy Hollingsworth, backed the removal of the garden on several grounds, including lack of public safety and accusing organizers of co-opting the call for police reform.

“It’s bewildering to see a memorial meant to address specific atrocities against the African-American community being overshadowed by narratives and causes unrelated to its intended purpose,” said Jonathan Jones-Thomas, environmental climate justice Chairman of NAACP-WA, in the parks department prepared statement. “While acknowledging the importance of addressing wrongs across all communities, the African-American community’s memorial is unfairly bearing the weight of broader issues.”

WA’s new wildfire smoke exposure rules for workers start Jan. 15

Yellowish wildfire smoke obscures Lumen Field in 2022.

Lumen Field is hidden in smoke as seen from the Jose Rizal Bridge on Thursday, Oct. 20, 2022. (Amanda Snyder/Crosscut)

The Washington Department of Labor & Industries announced it will enforce new permanent wildfire smoke protections for outdoor workers starting Jan. 15, after two years of operating under emergency measures.

Washington joins Oregon and California as one of the few states to regulate outdoor workers’ exposure to wildfire smoke. There are no explicit protections on the federal level, despite the uptick in wildfires in recent summers as a direct result of climate change

Wildfire smoke can be especially dangerous to those working in fields such as agriculture and construction as workers inhale fine smoke particles that catch deep in the lungs. Continued exposure can lead to a wide array of health defects – aggravated asthma, heart failure or even death.

L&I enacted emergency wildfire smoke measures in both 2021 and 2022. Under the new year-round protections, employers must monitor daily forecasts and hourly estimates for air quality. The permanent measure also asks employers to draft wildfire response plans, and mandates respiratory protection once the Air Quality Index tops 101 or higher. 

In a preliminary analysis provided by L&I, the agency estimated the permanent rules will cost employers from $10.7 million to $14.6 million a year, and will be offset by another $17.6 million and $27.8 million in “annual benefits.”

In August, Crosscut found that employers wanted clearer instructions on their individual responsibilities when enforcing said protections, while advocates – especially in the agriculture industry – felt L&I could have issued protections starting at a lower AQI.

Mayor Harrell, new Councilmembers tout alliance on public safety

the seattle mayor and five councilmembers stand at a lecturn in city hall

Mayor Bruce Harrell stands with Councilmembers-elect Bob Kettle, Joy Hollingsworth, Maritza Rivera, Rob Saka, and Cathy Moore at City Hall on Dec. 15, 2023. (Josh Cohen/Crosscut)

Mayor Bruce Harrell held a press conference Friday morning to welcome the five City Councilmembers-elect to City Hall in advance of the Jan. 2 swearing-in ceremony.

Councilmembers-elect Rob Saka, District 1; Joy Hollingsworth, District 3; Maritza Rivera, District 4; Cathy Moore, District 5; and Bob Kettle, District 7 stood with Harrell on the seventh floor of City Hall to emphasize their commitment to collaboration and transparency.

“We have some excitement and some energy on the kinds of things we want to do together,” said Harrell. “And I trust that they will lead with integrity, with passion, with intelligence.”

In his remarks, Harrell said that he expects to work with the new Councilmembers on public safety, homelessness, affordable housing and basics like constituent services and fixing potholes.

All five incoming Councilmembers ran on platforms that largely aligned with Harrell’s priorities, especially when it comes to public safety, where they promised to hire more police, expand the newly launched dual dispatch pilot program, address the drug crisis and more. Harrell endorsed Saka, Hollingsworth, Rivera and Moore in the general election.

The Councilmembers-elect also benefited from the backing of business and real estate in the greater Seattle area, which spent more than $1 million on their campaigns through independent political committees.

Each Councilmember-elect gave brief remarks Friday morning.

Saka re-emphasized his public safety goals and noted the historic moment they’re a part of with such high turnover on the Council. According to the City Archivist, the last turnover of five Councilmembers in a single election in the body’s modern history happened in 1970. There were larger turnovers between 1886 and 1910, but the Council’s size and term lengths were different, making it an apples-to-oranges comparison.

Hollingsworth said she’s been meeting with community and public safety groups in her district, City Hall staff and others to get up to speed before she’s sworn in. “We know that this process will take time. We know that everyone wants a sense of urgency. But we also understand that it’s a process.”

Rivera said she was humbled by her election and that she is “looking forward to getting this city back to the vibrant state so our kids are really thriving here, as well as all of us.”

Moore said she’s been working on assembling her team, recognizing the role that Council staffers play in Councilmembers’ success. She said one of her top goals is to get sidewalks in every neighborhood, a particularly pressing issue for her North Seattle district.

Kettle reiterated the message of collaboration and his goals to foster it within the Council body and with the mayor. “Ultimately, it’s about leading with compassion, but then also wisdom and having balance. Balance is, like, my new favorite word, and I’m looking forward to leading with that balance.”

The five electees join District 2 Councilmember Tammy Morales and District 6 Councilmember Dan Strauss, who were reelected to second terms in November along with at-large Councilmember Sara Nelson, whose first term ends in 2025.

One of their first tasks in January will be to appoint a replacement for at-large Councilmember Teresa Mosqueda, who was elected to the King County Council in November and begins that new role at the start of January.

Police pursuits measure likely headed to Washington’s 2024 ballot

Seattle Police officers during May Day protests in Seattle

Seattle Police officers during May Day protests in 2019. (Photo by Matt M. McKnight/Crosscut)

Let’s Go Washington announced Tuesday it is submitting petitions for an initiative to loosen restrictions around when law enforcement officers can engage in vehicle pursuits.

The group, which is funding a series of proposed conservative ballot measures, said it turned in more than 400,000 signatures to the Secretary of State’s Office for Initiative 2113. That’s the third of six proposed initiatives the group is bringing to the Legislature but expects will be up for a statewide vote next November.

In a statement, Let’s Go Washington founder Brian Heywood said, “Communities across the state are suffering impacts of rising crime while lawmakers tell them not to believe their eyes.”

“Local police, mayors and city councils should not be stuck with a one-size-fits-all policy that keeps police from doing their job,” he added. “Handcuffing police is a failure and regular Washingtonians are paying the price.”

In 2021, lawmakers tightened the circumstances around which law enforcement officers can engage in police pursuits. The law was one of roughly a dozen measures to change policing after the deaths at the hands of police of George Floyd in Minneapolis and Manuel Ellis in Tacoma, among other people of color.

Lawmakers in the Democratic-controlled Legislature last year then loosened the new restrictions a little, but it has not dampened criticism from conservatives.

I-2113 would allow pursuits when officers have “a reasonable suspicion a person has violated the law” in instances where “pursuit is necessary to identify or apprehend the person, the person poses a threat to the safety of others, those safety risks are greater than those of the pursuit, and a supervisor authorizes the pursuit,” according to the ballot measure summary.