Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Environment Committee

HB 1801

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: Concerning city use of state-owned aquatic lands for a publicly owned marina.

Sponsors: Representatives Hayes, Orwall, Smith and Gregerson.

Brief Summary of Bill

  • Broadens and extends the rent exception for certain cities that rent state-owned aquatic lands for the purpose of operating a publicly-owned marina.

Hearing Date: 2/7/17

Staff: Robert Hatfield (786-7117).

Background:

Leases of State-Owned Aquatic Lands.

The Department of Natural Resources (DNR) manages aquatic land leases. The DNR must favor water-dependent uses for such leases, which are uses that cannot logically exist in any location but on water. For example, DNR may lease aquatic lands to cities and private organizations for the purpose of a marina.

Rent for water-dependent aquatic lands leases is determined by a statutory formula, which is based primarily on the value of an associated upland parcel. The DNR must lease parcels used for non-water dependent uses at fair market value.

In 2008, the Legislature approved a 10 year release from the obligation to pay rent for city-operated marinas with a city population between 20,000 and 25,000. This exception expires July 1, 2019.

Summary of Bill:

The Department of Natural Resources (DNR) is authorized to enter into a reduced fee lease of state-owned aquatic lands with a city whose population is between 20,000 and 35,000, for the purpose of operating a publicly-owned marina.

No rent is due the state under such a lease for the period between the effective date of the act and July 1, 2029.

A city choosing to enter into such a lease must do so within three years of the effective date of the act.

If a city chooses to enter into such a lease, the city may not apply for grants from the Aquatic Lands Enhancement Account during the rent-free period of the lease.

For any existing lease that would otherwise satisfy the criteria of the act, the DNR is directed to amend the lease in order to comply with the act.

Appropriation: None.

Fiscal Note: Available.

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