AN ACT Relating to city use of state-owned aquatic lands for a publicly owned marina; and amending RCW 79.105.620.

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

Sec. 1.  RCW 79.105.620 and 2008 c 132 s 1 are each amended to read as follows:

(1)(a) A city with a population between twenty thousand and ((twenty-five)) thirty-five thousand on ((June 12, 2008,)) the effective date of this section and that currently operates a publicly owned marina may enter into a reduced 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) No rent is due the state for the use of state-owned aquatic lands ((for the first ten years under such a lease)) for the period between the effective date of this section and July 1, 2029. During subsequent years under such a lease, rent is due for only those lands that have been included under a previous aquatic land lease for the marina. The lease may not be renewed, extended, or put into holdover.

(2) A city choosing to enter into a lease as provided in subsection (1) of this section must do so within ((one)) three years of ((June 12, 2008)) 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 expired 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 first ten years of the lease)) any period of the lease subject to subsection (1) of this section.

(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 statewide application of aquatic land management principles, the new lease must be completed in accordance with all applicable sections of this title.

(6) For any existing lease between the department and a city that meets the criteria of subsection (1) of this section, upon request of the city, the department is directed to amend the lease in order to comply with this section.

(7) This section expires July 1, 2029.

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