AN
ACT Relating to clarifying the authority of port districts to exercise powers
within and outside their territorial limits; amending RCW 53.04.010 and
53.08.240; and creating a new section.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1.
Article VIII, section 8 of the Washington state Constitution authorizes the use
of public funds by port districts in such manner as the legislature may
prescribe for industrial development or trade promotion. The legislature
recognizes a growing need for a Washington port district that is located in a
county that has a contiguous border with another state, and a population
between fifty and seventy thousand, to participate with other public agencies
of this state and an adjoining state to attract, encourage, and develop
industry and promote trade on both sides of their borders, for the economic
benefit to the state of Washington. RCW 53.08.240 authorizes agreements
between two or more port districts for the exercise of powers both within and
outside their districts, and further authorizes contracts by port districts
with other governmental entities. The interlocal cooperation act, chapter
39.34 RCW, also authorizes joint agreements and contracts between port
districts and other state and local public agencies including political
subdivisions of other states. However, there is uncertainty as to whether or
not a port district that is located in a county that has a contiguous border
with another state, and a population between fifty and seventy thousand, may
exercise industrial development or trade promotion powers outside the district
or state boundaries except jointly with another Washington port district.
The
purpose of this act is to define and clarify the authority of a Washington port
district that is located in a county that has a contiguous border with another
state, and a population between fifty and seventy thousand, to exercise those
powers jointly or in cooperation with other public agencies when found to be
necessary and beneficial to the people of this state.
Sec.
2. RCW
53.04.010 and 1963 c 147 s 1 are each amended to read as follows:
(1)
Port districts are hereby authorized to be established in the various counties
of the state for the purposes of acquisition, construction, maintenance,
operation, development and regulation within the district of harbor
improvements, rail or motor vehicle transfer and terminal facilities, water
transfer and terminal facilities, air transfer and terminal facilities, or any
combination of such transfer and terminal facilities, and other commercial
transportation, transfer, handling, storage and terminal facilities, and
industrial improvements.
(2)
Powers of a port district that is located in a county that has a contiguous
border with another state, and a population between fifty and seventy thousand,
shall be exercised within the district, except as otherwise provided by statute
or pursuant to an interlocal cooperation agreement with another public agency
as defined in chapter 39.34 RCW. In addition to other requirements of chapter
39.34 RCW, such an interlocal cooperation agreement may involve the exercise of
a port district's powers for a port district that is located in a county that
has contiguous borders with another state, and a population between fifty and
seventy thousand, outside the boundaries of the state of Washington in whole or
in part only if found, by resolution of the port district commission exercising
such authority, to be reasonably necessary for the effective exercise of the
port district's statutory powers and for the benefit of the inhabitants of the
district and the state of Washington. The resolution may be adopted only after
a public hearing of which notice has been published in a newspaper of general
circulation within the district at least ten days in advance.
Sec.
3. RCW
53.08.240 and 1961 c 24 s 1 are each amended to read as follows:
(1)
Any two or more port districts shall have the power, by mutual agreement, to
exercise jointly all powers granted to each individual district, and in the
exercise of such powers shall have the right and power to acquire jointly all
lands, property, property rights, leases, or easements necessary for their
purposes, either entirely within or partly within or partly without or entirely
without such districts: PROVIDED, That any two or more districts so acting
jointly, by mutual agreement, shall not acquire any real property or real
property rights in any other port district without the consent of such
district.
(2)
A district may enter into any contract with the United States, or any state,
county, or municipal corporation, or any department of those entities, for
carrying out any of the powers that each of the contracting parties may by law
exercise separately.
(3)(a)
A port district that is located in a county that has a contiguous border with
another state, and a population between fifty and seventy thousand, may enter
into any contract that each of the contracting parties may by law exercise
separately with, including but not limited to, municipal corporations of
adjoining states.
(b) In addition to other powers granted by statute, a port
district that is located in a county that has a contiguous border with another
state, and a population between fifty and seventy thousand, may enter into
agreements with the United States or any of its agencies, or with any state, or
with any municipal corporation of this state or of an adjoining state, for
exercising jointly or cooperatively within or outside the district, in whole or
in part, any of the powers that each of the contracting parties may by law
exercise separately, for the promotion or development of trade or industry.
Such powers may be exercised outside the boundaries of this state only after a
public hearing of which notice has been published in a newspaper of general
circulation within the district at least ten days in advance, and pursuant to
findings and a resolution by the port district's commission that: (i) The
undertaking and the district's participation in it will substantially benefit the
district and the state of Washington; and (ii) the districts' share of the cost
will not exceed an amount calculated by dividing the total cost of the
undertaking by the number of participants.
