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               BILL REQUEST - CODE REVISER'S OFFICE

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BILL REQ. #:        H-4775.1/00

ATTY/TYPIST:        ML:ads

BRIEF DESCRIPTION:

2923 AMH MORR H4775.1

HB 2923 - H AMD

By Representative Morris

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  The legislature finds that local public utilities provide essential service to all of the residents of the state and that the construction and improvement of local utility infrastructure is critical to the public health, safety, and welfare, community and economic development, and installation of modern and reliable communication and energy technology.  The legislature further finds that local utility lines must cross state-owned aquatic lands in order to reach all state residents and that, for the benefit of such residents, the state should permit such crossings, consistent with all applicable state environmental laws, in a nondiscriminatory, economic, and timely manner.

    Sec. 2.  RCW 79.90.470 and 1984 c 221 s 5 are each amended to read as follows:

(1) The use of state-owned aquatic lands for public utility lines owned by a governmental entity shall be granted without charge by an agreement, permit, or other instrument if the use is consistent with the purposes of RCW 79.90.450 through 79.90.460 and does not obstruct navigation or other public uses.  Use for public parks or public recreation purposes shall be granted without charge if the aquatic lands and improvements are available to the general public on a first-come, first-served basis and are not managed to produce a profit for the operator or a concessionaire.  The department may lease state-owned tidelands that are in front of state parks only with the approval of the state parks and recreation commission.  The department may lease bedlands in front of state parks only after the department has consulted with the state parks and recreation commission.

(2) The use of state-owned aquatic lands for public utility lines owned by a nongovernmental entity shall be granted by lease if the use is consistent with the purpose of RCW 79.90.450 through 79.90.460 and does not obstruct navigation or other public uses.  The total amount of rent for the term of the lease shall be the larger of (a) an amount equal to the diminution in the property value caused by locating the utility lines on the aquatic land, based on the appraised value of the land in its current use at the time of application for lease, or (b) five thousand dollars.  The rent shall be paid in advance upon grant of the lease.  The term of the lease shall be thirty years.  In addition to the rent, the department may charge a fee that recovers its actual administrative expenses directly incurred in receiving an application for lease, approving the lease, and reviewing plans for and construction of the utility lines.  A final decision on an application for lease should be made within one hundred twenty days.  Upon request of the applicant, the department may reach a decision on an application within sixty days and charge an additional fee for such an expedited processing in the amount of ten percent of the total rent."

    Correct the title.

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