6277-S.E AMH MORR H5093.1

627 ADOPTED 3-3-00

ESSB 6277 - H AMD TO AGEC COMM AMD (H-5032.1/00)

By Representative Morris

    On page 3, after line 24 of the amendment, insert the following:

    "(4)(a) Until July 1, 2003, the use of state-owned aquatic lands for local 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 charge for the term of the lease shall be the larger of (i) 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 the lease, or (ii) five thousand dollars.  The charge shall be paid in advance upon grant of the lease.  The term of the lease shall be thirty years.  In addition to the charge for the lease, the department may charge a fee that recovers its actual administrative expenses directly incurred in receiving an application for the lease, approving the lease, and reviewing plans for and construction of the utility lines.  A final decision on existing applications for leases shall be made within one hundred twenty days.  The department shall process and come to a final decision on a maximum of five new applications submitted by each nongovernmental entity per year.  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.

    (b) The utilities and aquatic lands task force is created.  The task force is composed of the following:  Two members of the house of representatives, one from each major caucus, appointed by the co-speakers of the house of representatives; two members of the senate, one from each major caucus, appointed by the president of the senate; two members from the department of natural resources; one member from nonprofit electric utilities; and one member from investor-owned electric utilities.  The utilities and aquatic lands task force shall study charges made for the lease or easement of aquatic lands for local public utility lines, and, by July 1, 2001, must recommend to the legislature any changes from current practice found appropriate."

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