S-1368               _______________________________________________

                                                   SENATE BILL NO. 3756

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Lee and Talmadge

Read first time 2/6/85 and referred to Committee on Parks and Ecology.

AN ACT Relating to aircraft noise abatement; and amending RCW 53.54.030.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 3, chapter 121, Laws of 1974 ex. sess. and RCW 53.54.030 are each amended to read as follows:

          For the purposes of this chapter, in developing a remedial program, the port commission may utilize one or more of the following programs:

(1) Acquisition of property or property rights within the impacted area, which shall be deemed necessary to accomplish a port purpose.  The port district may purchase such property or property rights by time payment notwithstanding the time limitations provided for in RCW 53.08.010.  The port district may mortgage or otherwise pledge any such properties acquired to secure such transactions.  The port district may assume any outstanding mortgages.

(2) Programs of soundproofing structures located within an impacted area.  Such programs may be executed without regard to the ownership, provided the owner waives all damages and conveys a full and unrestricted easement for the operation of all aircraft, and for all noise and noise associated conditions therewith, to the port district.

(3) Additional noise mitigation remedies including, but not limited to, transaction assistance and purchase guarantee.

(4) Mortgage insurance of private owners of lands or improvements within such noise impacted area where such private owners are unable to obtain mortgage insurance solely because of noise impact.  In this regard, the port district may establish reasonable regulations and may impose reasonable conditions and charges upon the granting of such mortgage insurance:  PROVIDED, That such fees and charges shall at no time exceed fees established for federal mortgage insurance programs for like service.

(((4))) (5) Management of all lands, easements, or development rights acquired, including but not limited to the following:

(a) Rental of any or all lands or structures acquired;

(b) Redevelopment of any such lands for any economic use consistent with airport operations, local zoning and the state environmental policy;

(c) Sale of such properties for cash or for time payment and subjection of such property to mortgage or other security transaction:  PROVIDED, That any such sale shall reserve to the port district by covenant an unconditional right of easement for the operation of all aircraft and for all noise or noise conditions associated therewith.

          (((5))) (6) A property shall be considered within the impacted area if any part thereof is within the impacted area.