5787-S AMH SCHU MORE 68
SSB 5787 - H AMD TO H AMD (5787-S AMH LINV DINE 142)
By Representative Schual-Berke 485 SCOPE & OBJECT 4/18/03
On page 2, after line 8 of the amendment, insert the following:
"NEW SECTION. Sec. 3. (1) The legislature finds that construction projects may create environmental impacts on the project site and in surrounding areas. The legislature recognizes that the state's environmental and project review laws are intended to mitigate the impacts of construction projects for the benefit of citizens, property owners, and the public. The legislature also finds that the environmental impacts of large, complex construction projects may affect an area much larger than the project site and surrounding community.
(2) The legislature recognizes a concern that the importation of fill material according to the provisions of section 1 of this act for large, complex construction projects may pose environmental risk in an area much larger than the project site and surrounding community. The legislature also recognizes that identifying the areas affected by a large, complex construction project may be difficult.
(3) The legislature also finds that construction or expansion of large regional airports are large, complex construction projects which may raise the concern identified in subsection (2) of this section. The legislature finds that, while these projects provide benefits to the state, qualify as essential public facilities according to the state growth management act, and provide numerous job-making economic development benefits to businesses and individuals by moving goods to and from markets and by fostering travel, these projects may create substantial environmental and other impacts to local communities that prove financially disadvantageous and detrimental to the quality of life for residents in the impacted areas. This legislature finds that this concern is magnified when the construction project involves the importation of fill material, as fill importation creates the potential of introducing contaminants into the area or of exacerbating soil contamination in the area. The legislature also finds that fill importation raises the potential of affecting water quality if fill is placed in or near a water body or if contaminants from the soil leach into a surface or ground water body. The legislature recognizes a need to balance the pressing need for construction projects related to the construction or expansion or airport facilities and the impacts they may create.
(4) The legislature recognizes the inequitable burden borne by residents and communities of the surrounding areas affected by the activities, construction, or expansion of large regional airports. The Legislature therefore intends to establish a mechanism to provide mitigation to surrounding residents and communities affected by activities associated with large regional airports and the impacts of construction or expansion of those airports that involve the importation of fill material.
NEW SECTION. Sec. 4. A new section is added to chapter 36.70A RCW to read as follows:
(1) On or before October 1, 2003, the department shall establish an aviation mitigation zone for any large regional airport located in the state of Washington. An aviation mitigation zone shall only include the following:
(a) Cities with a population fewer than forty thousand adjacent to the city within which the large regional airport is located;
(b) Cities with a population fewer than ten thousand adjacent to a city qualifying for inclusion in the mitigation zone according to the criteria established by (a) of this subsection; and
(c) Any portion of any incorporated or unincorporated area that is within a 60 Ldn noise level contour of the large regional airport as determined by the aircraft noise measurement methodology described in 14 C.F.R., Appendix A to Part 150 -- Noise Exposure Maps, as of the effective date of this act.
(2)(a) For the purposes of this section, "Ldn" means yearly day-night average sound level.
(b) For the purposes of this section, "large regional airport" means an airport serving more than twenty scheduled jet aircraft flights per day operated by a port district in a county with a population greater than one million.
NEW SECTION. Sec. 5. A new section is added to chapter 84.08 RCW to read as follows:
(1) For the purposes of establishing aviation mitigation zones in accordance with the provisions of section 4 of this act, on or before September 15, 2003, the department shall develop a noise exposure map for any large regional airport meeting the criteria established by section 4 of this act. The noise exposure map shall be prepared in accordance with the methodology described in 14 C.F.R., Appendix A to Part 150 -- Noise Exposure Maps, as of the effective date of this act. The noise exposure map shall include a 60 Ldn noise level contour. The department may use noise exposure data collected or produced by an applicable port district when developing a noise exposure map required by this section.
(2) For the purposes of this section, "Ldn" has the same meaning as in section 4 of this act.
NEW SECTION. Sec. 6. A new section is added to chapter 84.36 RCW to read as follows:
(1) If any portion of a tract or parcel of real property is within an aviation mitigation zone established under section 4 of this act, the entire tract or parcel is exempt from port taxes.
(2) If any portion of a tract or parcel of real property is within an aviation mitigation zone established under section 4 of this act, the entire tract or parcel is exempt from property taxes levied for any state purpose.
(3) The county assessor shall not require an exemption application for properties that the assessor knows are eligible for exemption under this section based on an aviation mitigation zone established under section 4 of this act. However, a property owner may submit a written request to the assessor requesting exemption under this section. After determining whether the property is eligible for exemption under this section, the assessor shall give written notice of denial or approval to the property owner within thirty days of the date the request was received. A denial may be appealed to the board of equalization of the county in which the property is located within thirty days of the date the denial notice is mailed.
(4) For the purposes of this section, "port taxes" means taxes imposed by a port district that operates a large regional airport for which an aviation mitigation zone is established under section 4 of this act.
NEW SECTION. Sec. 7. A new section is added to chapter 84.55 RCW to read as follows:
The levy for a taxing district in any year shall be reduced as necessary to prevent exemptions under section 6(1) of this act from resulting in a higher tax rate than would have occurred in the absence of the exemptions under section 6(1) of this act.
NEW SECTION. Sec. 8. A new section is added to chapter 43.79 RCW to read as follows:
(1) The aviation mitigation account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for aviation mitigation purposes within the following:
(a) Any city included wholly or partially within the aviation mitigation zone established by section 4 of this act; and
(b) Any unincorporated territory included within the aviation mitigation zone established by section 4 of this act.
(2) Only the director of the department of community, trade, and economic development or the director's designee may authorize expenditures from the account established by this section.
NEW SECTION. Sec. 9.
Section 6 of this act applies to taxes levied for collection in 2004 and thereafter."
Renumber the sections consecutively and correct any internal references accordingly.
Correct the title.
EFFECT: (1) Requires the Department of Community, Trade, and Economic Development (CTED) to establish an aviation mitigation zone (AMZ) for any qualifying large regional airport. (2) Requires the Department of Revenue to develop noise exposure maps for the purposes of establishing an AMZ. (3) Real property within an aviation mitigation zone is exempt from port property taxes and the state property tax. (4) Adjusts the port property tax to prevent the exemption from causing tax shifts onto other taxpayers. (5) Creates an aviation mitigation account for funds that may be used only for specific mitigation purposes. Moneys in the account may be spent only after appropriation and only after appropriate authorization from the CTED. (6) Includes intent language.