BILL REQ. #:  H-4481.2 

Read first time 01/25/2006.   Referred to Committee on Natural Resources, Ecology & Parks.

     AN ACT Relating to liquified natural gas terminals in coastal areas; and amending RCW 43.143.010 and 90.58.160.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 43.143.010 and 1997 c 152 s 2 are each amended to read as follows:
     (1) The purpose of this chapter is to articulate policies and establish guidelines for the exercise of state and local management authority over Washington's coastal waters, seabed, and shorelines.
     (2) There shall be no leasing of Washington's tidal or submerged lands extending from mean high tide seaward three miles along the Washington coast from Cape Flattery south to Cape Disappointment, nor in Grays Harbor, Willapa Bay, and the Columbia river downstream from the Longview bridge, for purposes of oil or gas exploration, development, or production.
     (3) There shall be a ten-year moratorium beginning on the effective date of this act on the siting, construction, or operation of liquified natural gas terminals within the coastal areas described in subsection (2) of this section. For purposes of this section, "liquified natural gas terminals" includes all natural gas facilities located onshore or in state waters that are used to receive, unload, load, store, transport, gasify, liquefy, or process natural gas that is imported to the United States from a foreign country, exported to a foreign country from the United States, or transported in interstate commerce by waterborne vessels, but does not include waterborne vessels used to deliver natural gas to or from any such facility or any pipeline or storage facility subject to the jurisdiction of the federal energy regulatory commission.
     (4) When conflicts arise among uses and activities, priority shall be given to resource uses and activities that will not adversely impact renewable resources over uses which are likely to have an adverse impact on renewable resources.
     (((4))) (5) It is the policy of the state of Washington to actively encourage the conservation of liquid fossil fuels, and to explore available methods of encouraging such conservation.
     (((5))) (6) It is not currently the intent of the legislature to include recreational uses or currently existing commercial uses involving fishing or other renewable marine or ocean resources within the uses and activities which must meet the planning and review criteria set forth in RCW 43.143.030. It is not the intent of the legislature, however, to permanently exclude these uses from the requirements of RCW 43.143.030. If information becomes available which indicates that such uses should reasonably be covered by the requirements of RCW 43.143.030, the permitting government or agency may require compliance with those requirements, and appeals of that decision shall be handled through the established appeals procedure for that permit or approval.
     (((6))) (7) The state shall participate in federal ocean and marine resource decisions to the fullest extent possible to ensure that the decisions are consistent with the state's policy concerning the use of those resources.

Sec. 2   RCW 90.58.160 and 1971 ex.s. c 286 s 16 are each amended to read as follows:
     (1) Surface drilling for oil or gas is prohibited in the waters of Puget Sound north to the Canadian boundary and the Strait of Juan de Fuca seaward from the ordinary high water mark and on all lands within one thousand feet landward from said mark.
     (2) There shall be a ten-year moratorium beginning on the effective date of this act on the siting, construction, or operation of liquified natural gas terminals within the coastal areas described in subsection (1) of this section. For purposes of this section, "liquified natural gas terminals" includes all natural gas facilities located onshore or in state waters that are used to receive, unload, load, store, transport, gasify, liquefy, or process natural gas that is imported to the United States from a foreign country, exported to a foreign country from the United States, or transported in interstate commerce by waterborne vessels, but does not include waterborne vessels used to deliver natural gas to or from any such facility or any pipeline or storage facility subject to the jurisdiction of the federal energy regulatory commission.