AN ACT Relating to
public utility rights of way on aquatic lands; amending RCW 79.90.470; adding a
new section to chapter 79.90 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. The legislature finds
that local public utilities provide essential services 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 the crossings,
consistent with all applicable state environmental laws, in a
nondiscriminatory, economic, and timely manner. The legislature further finds
that this act and the valuation methodology in section 3 of this act applies
only to the uses listed in section 2 of this act, and does not establish a
precedent for valuation for any other uses on state-owned aquatic lands.
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. The
department may recover only its reasonable direct administrative costs incurred
in processing and approving the request or application, and reviewing plans for
construction of public utility lines. For purposes of this section,
"direct administrative costs" means the cost of hours worked directly
on an application or request, based on salaries and benefits, plus travel
reimbursement and other actual out-of-pocket costs. Direct administrative
costs recovered by the department must be deposited into the resource
management cost account. 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 local public utility lines owned by a
nongovernmental entity will be granted by easement 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 easement will be
determined under section 3 of this act.
(3) Nothing in this
section limits the ability of the department to obtain payment for commodity
costs, such as lost revenue from renewable resources, resulting from the
granted use of state-owned aquatic lands for public utility lines.
NEW SECTION. Sec.
3. A new section is added
to chapter 79.90 RCW to read as follows:
(1) Until July 1, 2008,
the charge for the term of an easement granted under RCW 79.90.470(2) will be
determined as follows and will be paid in advance upon grant of the easement:
(a) Five thousand
dollars for individual easement crossings that are no longer than one mile in
length;
(b) Twelve thousand
five hundred dollars for individual easement crossings that are more than one
mile but less than five miles in length; or
(c) Twenty thousand
dollars for individual easement crossings that are five miles or more in
length.
(2) The charge for
easements under subsection (1) of this section must be adjusted annually by the
rate of yearly increase in the most recently published consumer price index,
all urban consumers, for the Seattle-Everett SMSA, over the consumer price
index for the preceding year, as compiled by the bureau of labor statistics,
United States department of labor for the state of Washington rounded up to the
nearest fifty dollars.
(3) The term of the
easement is thirty years.
(4) In addition to the
charge for the easement under subsection (1) of this section, the department
may recover its reasonable direct administrative costs incurred in receiving an
application for the easement, approving the easement, and reviewing plans for
and construction of the public utility lines. For the purposes of this
subsection, "direct administrative costs" means the cost of hours
worked directly on an application, based on salaries and benefits, plus travel
reimbursement and other actual out-of-pocket costs. Direct administrative
costs recovered by the department must be deposited into the resource
management cost account.
(5) Applicants under
RCW 79.90.470(2) providing a residence with an individual service connection
for electrical, natural gas, cable television, or telecommunications service
are not required to pay the charge for the easement under subsection (1) of
this section but shall pay administrative costs under subsection (4) of this
section.
(6) A final decision on
applications for an easement must be made within one hundred twenty days after
the department receives the completed application and after all applicable
regulatory permits for the aquatic easement have been acquired. This
subsection applies to applications submitted before the effective date of this
section, as well as to applications submitted on or after the effective date of
this section. Upon request of the applicant, the department may reach a
decision on an application within sixty days and charge an additional fee for
an expedited processing. The fee for an expedited processing is the greater
of: (a) Ten percent of the combined total of the easement charge and direct
administrative costs; or (b) the cost of staff overtime, calculated at time and
one-half, associated with the expedited processing.
NEW
SECTION. Sec. 4. If any provision of this
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected.
