BILL REQ. #:  S-5170.1 

READ FIRST TIME 02/07/08.   

     AN ACT Relating to the management of state-owned aquatic lands by cities for the purposes of operating a publicly owned marina; adding a new section to chapter 79.105 RCW; and providing an expiration date.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 79.105 RCW to read as follows:
     (1)(a) A city with a population between twenty thousand and twenty-five thousand on the effective date of this section and that currently operates a publicly owned marina may enter into a no-fee lease authorizing the city to use state-owned aquatic lands for the purpose of operating a publicly owned marina. The office of financial management's population estimate must be used to determine a city's population for purposes of this section. The lease period may not exceed twenty years.
     (b) In light of the significant financial investment required for a qualifying city to manage a publicly owned marina and the public recreational and environmental benefits provided, no rent is due the state for the use of state-owned aquatic lands under such a lease. The lease may not be renewed, extended, or put into holdover.
     (2) A city must enter into a lease as provided in subsection (1) of this section within one year of the effective date of this section. Prior to entering into such a lease, the city must be in good standing with the department and must have paid all amounts owed the department including any accrued interest.
     (3) State-owned aquatic lands that may be included in the lease are limited only to those lands included in the most recent lease with the city for the marina, along with any state-owned aquatic lands immediately adjacent to those lands. Only those marina operations conducted directly by the city may be included within the leased area.
     (4) If a city chooses to enter into an agreement as provided in subsection (1) of this section, the city is not eligible to apply for grants from the aquatic lands enhancement account created under RCW 79.105.150 for the life of the lease.
     (5) Upon expiration of the twenty-year lease, the city may enter into a new lease for the use of state-owned aquatic lands or vacate the lands as agreed to in the expiring lease. To ensure the consistent state-wide application of aquatic land management principles, the new lease must be completed in accordance with all applicable sections of this title.
     (6) This section expires July 1, 2029.