Washington State
House of Representatives
Office of Program Research		 BILL
ANALYSIS
Select Committee on Puget Sound

HB 1605

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Regarding the extension of sewer services in aquatic rehabilitation zone one.

Sponsors: Representatives Eickmeyer, Haigh, Upthegrove, Blake, Lantz, Seaquist, Linville, Chase, Pedersen, Morris, Wood and Rolfes.

Brief Summary of Bill
  • Allows for development of new systems of sewerage and for the extension of existing systems of sewerage beyond urban growth areas, but only within the marine recovery areas and the shellfish protection districts inside Aquatic Rehabilitation Zone One.

Hearing Date: 2/7/07

Staff: Karen Rogers (786-7388).

Background:

Aquatic Rehabilitation Zone One (ARZ-1) is an area within Jefferson, Kitsap, and Mason counties. ARZ-1 includes watersheds that drain into Hood Canal south of the line projected from Tala Point in Jefferson County to Foulweather Bluff in Kitsap County.

Legislative authority requires local health officers to create marine recovery areas (MRAs) wherever shellfish growing areas are threatened or downgraded by the Department of Health (Chapter 70.118A RCW). As of yet, no MRAs have been created; however, local health officers are required to create MRAs by July 1, 2007.

Legislative authority of each county is required to create shellfish protection districts (SPDs) whenever non-point pollution threatens the water quality for shellfish farming or harvesting (Chapter 90.72 RCW). ARZ-1 contains threes SPDs. One is the Lower Hood Canal SPD, which is inactive. Another is Port Gamble SPD, which is dissolved. The third is Annas Bay SPD, and it is active.

The Growth Management Act (GMA) classifies storm and sanitary sewer systems as urban services (Chapter 36.70A RCW). The GMA states that it is inappropriate to extend or expand urban governmental services into rural areas except in limited circumstances shown to be necessary to protect basic public health and safety, and the environment.

Summary of Bill:

Existing sewerage systems may be expanded beyond, and new sewerage systems may be built outside of, existing urban growth areas upon three conditions. One, these new systems and expansions are limited to marine-recovery and SPD service areas. Two, these activities are restricted to those marine-recovery and SPD service areas within ARZ-1. Three, these new systems and expansions may be located only in areas where parcels of record existed at the time the MRAs and shellfish protection districts were created.

Appropriation: None.

Fiscal Note: Preliminary fiscal note available.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.