SENATE BILL REPORT

EHB 2814

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.

Background: In 2007 the Legislature authorized the Department of Transportation (DOT) to replace the SR 520 floating bridge. DOT plans to replace the bridge by the end of 2014. In August 2011 the Federal Highway Administration issued the Record of Decision for the project, which enabled DOT to obtain shoreline permits and begin construction. DOT is on schedule to receive the federal, state, and local permits, including shoreline permits, necessary to begin construction on April 1, 2012. Current law allows the appeal process to take as much as 240 days. The Legislature has allowed DOT to proceed with construction of floating bridges while its shoreline permits were being appealed. The first instance was in 1979 while permitting the construction of the Hood Canal floating bridge. The second instance was in 1991 while permitting the construction of the I-90 floating bridge.

Summary of Bill: Construction may begin 21 days after the date DOT receives the local government's permit decision, if the local government decision pertains to any permit or a decision to issue any permit to DOT for the replacement of the floating bridge and landings of the SR 520 Evergreen Point Bridge on or adjacent to Lake Washington. A substantial development permit granted for the floating bridge and landings is deemed to have been granted on the date that the local government's decision to grant the permit is issued. The construction authorization applies to only those elements of the floating bridge and landings that do not preclude DOT's selection of a four-lane alternative for SR 520 between I-5 and the City of Medina.

DOT is prohibited from engaging in construction on any portion of the SR 520 corridor between the western landing of the floating bridge and I-5 until the Legislature has authorized the imposition of tolls on I-90 and/or other funding sufficient to complete construction of the SR 520 bridge replacement and the HOV project. The construction authorization does not preclude the Shoreline Hearings Board from concluding that the project or any element of the project is inconsistent with the goals and policies of the Shoreline Management Act or the applicable master program.

The construction authorization and conditioning provisions expire on June 30, 2014, and apply to appeals filed after January 1, 2012.