BILL REQ. #:  H-4449.2 

Read first time 01/16/08.   Referred to Committee on Local Government.

     AN ACT Relating to prohibiting port districts from engaging in residential real estate development projects; and amending RCW 53.08.020, 53.08.080, 53.08.245, and 53.08.400.

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

Sec. 1   RCW 53.08.020 and 1963 c 147 s 3 are each amended to read as follows:
     (1) A port district may construct, condemn, purchase, acquire, add to, maintain, conduct, and operate sea walls, jetties, piers, wharves, docks, boat landings, and other harbor improvements, warehouses, storehouses, elevators, grain-bins, cold storage plants, terminal icing plants, bunkers, oil tanks, ferries, canals, locks, tidal basins, bridges, subways, tramways, cableways, conveyors, administration buildings, fishing terminals, together with modern appliances and buildings for the economical handling, packaging, storing, and transporting of freight and handling of passenger traffic, rail and motor vehicle transfer and terminal facilities, water transfer and terminal facilities, air transfer and terminal facilities, and any combination of such transfer and terminal facilities, commercial transportation, transfer, handling, storage and terminal facilities, and improvements relating to industrial and manufacturing activities within the district, and in connection with the operation of the facilities and improvements of the district, it may perform all customary services including the handling, weighing, measuring and reconditioning of all commodities received. A port district may also construct, condemn, purchase, acquire, add to and maintain facilities for the freezing or processing of goods, agricultural products, meats or perishable commodities. A port district may also construct, purchase and operate belt line railways, but shall not acquire the same by condemnation.
     (2) A port district is prohibited from directly or indirectly participating in activity relating to residential real estate development.

Sec. 2   RCW 53.08.080 and 1989 c 298 s 2 are each amended to read as follows:
     (1) Except as provided in subsection (2) of this section, a district may lease all lands, wharves, docks and real and personal property owned and controlled by it, for such purposes and upon such terms as the port commission deems proper: PROVIDED, That no lease shall be for a period longer than fifty years with option for extensions for up to an additional thirty years, except where the property involved is or is to be devoted to airport purposes the port commission may lease said property for such period as may equal the estimated useful life of such work or facilities, but not to exceed seventy-five years: PROVIDED FURTHER, That where the property is held by the district under lease from the United States government or the state of Washington, or any agency or department thereof, the port commission may sublease said property, with option for extensions, up to the total term and extensions thereof permitted by such lease, but in any event not to exceed ninety years.
     (2) A port district is prohibited from participating in leasing activity relating to residential real estate development.

Sec. 3   RCW 53.08.245 and 1985 c 125 s 1 are each amended to read as follows:
     (1) It shall be in the public purpose for all port districts to engage in economic development programs. In addition, port districts may contract with nonprofit corporations in furtherance of this and other acts relating to economic development.
     (2) The contracts authorized under this section do not include those relating to residential real estate development.

Sec. 4   RCW 53.08.400 and 2002 c 218 s 27 are each amended to read as follows:
     (1) A port district may enter into a contract with any city, town, or county for the purpose of exercising any powers of a community renewal agency under chapter 35.81 RCW.
     (2) The contracts authorized under this section do not include those relating to residential real estate development.