Brief Description: Authorizing the creation of beach management districts.

Sponsors: By House Committee on Appropriations Subcommittee on General Government & Audit Review (originally sponsored by Representative Nelson).

House Committee on Local Government
House Committee on Appropriations Subcommittee on General Government & Audit Review
Senate Committee on Water, Energy & Telecommunications

Background:

Lake Management Districts.
Counties, cities, or towns are authorized to create lake management districts to finance the improvement and maintenance of lakes within or partially within the county, city, or town boundaries. The district may include all or a portion of a lake and the adjacent land areas, and a lake may be in more that one district. More than one lake, or portions of lakes, including adjacent land areas, may be included in a single district.

Lake management districts are created by the adoption of a resolution of intention by a county, city, or town governing body or by filing a petition signed by landowners or the owners meeting specified requirements. The county, city, or town governing body must hold a public hearing on the proposed lake management district at the date, time, and place designated in the resolution of intention.

The county, city, or town governing body must adopt a resolution submitting the question of creating the lake management district to the owners of land within the proposed lake management district, including publicly owned land. A ballot must be mailed to each owner or reputed owner of any lot, tract, parcel of land, or other property within the proposed lake management district.

The lake management proposal must receive a simple majority vote in favor of creating the lake management district. The county, city, or town governing body must adopt an ordinance creating the lake management district and must proceed with establishing the special assessments or rates and charges, collecting the special assessments or rates and charges, and performing the lake improvement or maintenance activities.

Special assessments or rates or charges may be imposed on property to finance lake improvement and maintenance activities, including:

• studying lake water quality problems and solutions;
• cleaning and maintaining ditches and streams entering or leaving the lake; and
• related administrative, engineering, legal, and operational costs, including the costs of creating the district.

These rates may be imposed annually on all lands within the district for the duration of the district without a related issuance of lake management district bonds or revenue bonds. Special assessments may be imposed in the same manner as local improvement districts, with each land owner having the choice of paying everything at once or in installments with districts bonds being issued.

Sewerage, Water, and Drainage Systems.
Counties, as part of a system of sewerage, may provide for, finance, and operate the facilities and services and may exercise any of the powers authorized for: aquifer protection areas; lake management districts; diking districts, and diking, drainage, and sewerage improvement districts; and shellfish protection districts.

Watershed Management.
The legislative authority of a city or county and the governing body of any special purpose district enumerated may authorize up to 10 percent of its water-related revenues to be expended in the implementation of watershed management plan projects or activities that are in addition to the county's, city's, or district's existing water-related services or activities.

Flood control districts are allowed to engage in activities authorized for lake management districts.

Summary:

A statutory scheme for beach management districts that is analogous to lake management districts is created.

Beach management districts addressing the control and removal of aquatic plants or vegetation must develop a plan for this activity and meet the following requirements:

• avoid or minimize the excess removal of living and nonliving nontarget native vegetation and organisms;
• avoid or minimize management activities that will result in compacting beach sand, gravel, and substrate;
• minimize adverse impacts to the project site, when disposing of excessive accumulations of vegetation, and to other areas of the beach or deep water environment; and
• retain all natural habitat features on the beach, including retaining trees, stumps, logs, and large rocks in their natural location.

The control and removal of native aquatic plants or vegetation is authorized in the following areas:

• beaches or near shore areas located within at least one mile of a ferry terminal that are in a county with a population of one million or more residents; and
• beaches or near shore areas in a city that meets the following: is adjacent to Puget Sound; has at least 85,000 residents; shares a common boundary with a neighboring county; and is in a county with a population of one million or more residents.

Special assessments or rates or charges may be imposed on property to finance lake or beach improvements and maintenance activities, including:

• controlling or removing aquatic plants and vegetation;
• improving water quality;
• controlling water levels;
• treating and diverting storm water;
• controlling agricultural waste;
• studying lake or marine water quality problems and solutions;
• cleaning and maintaining ditches and streams entering or leaving the lake or marine waters;
• monitoring air quality; and
• related administrative, engineering, legal, and operational costs, including the costs of creating the lake or beach management district.

The DOE must, within available funds, provide technical assistance to community groups and county and city legislative authorities requesting assistance with the development of beach management programs. The DOE must work with the Departments of Fish and Wildlife and Natural Resources, and the Puget Sound Partnership to coordinate agency assistance to community groups and county and city legislative authorities.

The DOE must coordinate with relevant state agencies and marine resources committees to provide technical assistance to beach management districts. The DOE must, within available funds, coordinate with relevant state agencies to provide technical assistance to beach management districts to ensure that proposed beach improvement, maintenance plans, and activities are consistent with applicable federal, state, and local laws. The DOE and the Puget Sound Partnership must monitor the removal of native aquatic plants and vegetation on beaches or near shore areas. The DOE and Puget Sound Partnership must provide recommendations for future area designations.

Votes on Final Passage:

House   85   10
Senate   34   13   (Senate amended)
House   64   29   (House concurred)

Effective: June 12, 2008

Partial Veto Summary: Vetoes the Department of Ecology's requirement to provide technical assistance to Beach Management Districts in consultation with the Puget Sound Partnership and vetoes a null and void clause.