HOUSE BILL REPORT

HB 745

BYRepresentatives Hargrove, Beck, Scott, S. Wilson, Sayan, Brough, Sanders, Allen, Amondson, May and Hankins; by request of Governor Gardner and Commissioner of Public Lands

Authorizing the conveyance of land for a United States Navy base in Everett.

House Committe on Natural Resources

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (16)

     Signed by Representatives Sutherland, Chair; K. Wilson, Vice Chair; Amondson, Basich, Beck, Bumgarner, Fuhrman, Hargrove, Haugen, R. King, Meyers, Sayan, Schmidt, C. Smith, B. Williams and S. Wilson.

Minority Report:     Do not pass.  (3)

     Signed by Representatives Belcher, Cole and Spanel.

House Staff:Bill Koss (786-7129)

AS REPORTED BY COMMITTEE ON NATURAL RESOURCES MARCH 3, 1987

BACKGROUND:

The U.S. Department of the Navy proposes to construct a new naval base at the City of Everett, in Snohomish County.  The base would be the homeport of the aircraft carrier U.S.S. Nimitz and eight support vessels.  In addition, there would be four Naval Reserve vessels homeported at Everett to support the carrier battle group on an "as required" basis.

To locate the homeport in Everett, the Navy needs to dredge and dispose of an area of tidelands contaminated with various chemicals in the East Waterway. The proposed disposal technique is called CAD (contained aquatic disposal).  This basically means that the contaminated material is to be dumped on the bed of the Sound and then capped with three feet of clean material.  The proposed disposal site lies in water 310 to 410 feet deep.

The CAD process consists of two phases.  Phase I involves dredging and dumping some 400,000 cubic yards of clean material to form a berm or sill, about two miles from the base site.  The berm will contain the material later dumped up-slope from it.  Then about 90,000 cubic yards of material which would be less contaminated than that dredged in Phase II would be dredged and dumped behind the berm.  Next, the contaminated material would be capped by about 300,000 cubic yards of clean material.

During Phase II, 830,000 cubic yards of more contaminated material would be dredged, dumped, and then capped by approximately 2,000,000 cubic yards of clean material.  Monitoring and evaluation would occur during and after this process.  Phase I would take about 6 to 8 weeks; Phase II about 6 months.

The Department of Natural Resources (DNR) manages the state's tidelands and the beds of navigable waters.  Existing laws direct DNR to manage these lands for public benefit, not primarily for income as the uplands held for various trusts are managed.

To facilitate siting, the Navy wants to acquire title to the tidelands in the east waterway.  They propose to do this through an exchange with DNR of lands of equal value.

DNR may lease beds of navigable waters for either 10 or 30 year periods, depending on whether the beds lie in front of first or second-class tidelands.  Leases may be to the owner or lessee of abutting tidelands.  In making the lease, DNR may apply reasonable lease conditions.

SUMMARY:

SUBSTITUTE BILL:  The Department of Natural Resources (DNR), the state agency responsible for managing the state's tidelands and beds of navigable waters, is authorized to undertake two actions.  First, the Commissioner of Public Lands is authorized to lease to the Navy the beds of navigable waters in Port Gardner Bay as a dredge spoil disposal site for a term of 30 years.  The dredge spoils must originate from the construction of the Navy Base in Everett. The lease document will conclude covenants which (1) hold the state harmless for damages and liability for use of the property by the Navy, (2) comply with all terms of the Clean Water Certification issue by the state, terms and conditions of the Corps of Engineers' Section 404 permit, all statutes, regulations, and permits relating to water quality and aquatic life in Puget Sound and Port Gardner Bay including reasonable and appropriate terms and conditions issued pursuant to the Shorelines Management Act; and (3) require the Navy to agree that the state may enforce conditions specified in the clean water certification, the 404 permit, or the shoreline permit in an action brought under provisions of any federal or state law, including the Clean Water Act.

Second, the DNR may undertake a land exchange with the Navy to allow the Navy to acquire tidelands needed to facilitate location of the Navy Base.  The Harbor Line Commissioner shall modify the harbor lines in Port Gardner Bay as necessary for this exchange.  The land received from the Navy shall be of equal value as the tidelands and shall be suitable for natural preserves, recreation or commercial purposes.  The property may not have formerly been a waste disposal site.  If any provision of the act is held invalid, the remaining portion is not affected.

SUBSTITUTE COMPARED TO ORIGINAL:  A waiver of existing law permits DNR to lease beds of navigable waters to persons who do not own abutting tide or shorelands.

DNR may only lease the bedlands to the Navy.  The Navy agrees to hold the state harmless for any damage or liability from the Navy's use of the land.  The Navy agrees to apply for a permit under the Shoreline Management Act and comply with all reasonable terms and conditions attached to the permit.

In making the land exchange, DNR will only accept from the Navy property of equal value and suitable for a natural preserve, recreational site, or commercial development.  The land must not have previously been used as a waste disposal dump.

An emergency clause is added, along with a provisions allowing one portion to be held invalid without affecting other portions.

Fiscal Note:    Not Requested.

Effective Date:The bill contains an emergency clause and takes effect immediately.

House Committee ‑ Testified For:     Congressman Norm Dicks; Brian Boyle, Commissioner of Public Lands; Paul Isaki, Governor's Office; Captain Roth, U.S. Navy; Jim Thornton, Department of Ecology; Brian Corcoran, Snohomish County Council; and Dave Schuldte, U.S. Corps of Engineers.

House Committee - Testified Against: Art Noble, Washington Environmental Council; and David Ortman, Friends of Earth.

House Committee - Testimony For:     The state has developed a water quality certification document that will ensure protection of aquatic life.  Leasing the dump site to the Navy creates a contractual relationship that has more enforceability than simply conveying the property to the Navy.  They expect the Navy to obtain a permit required under the Shorelines Management Act.

The Navy stated that CAD was a safer method of disposing contaminated wastes than upland disposal, as well as a less expensive method.  The Navy accepts responsibility for the cost of any clean up of the CAD site and is also participating in financing the monitoring plan development.

Homeport will bring 21,000 jobs to the state and one-third of their repairs will be done in the state.  Congress will work with the state to help resolve any issues.

House Committee - Testimony Against: Dumping contaminated soil into Puget Sound has not been proven elsewhere as an effective means of disposal.  If contaminants escape, it will prove very difficult and expensive to remedy.  Even with capping the material, subtidal shrimp may burrow into the contaminated soil, releasing the contaminants.

Because the state has no standards on toxic effluents, it cannot enforce some portions of the Clean Water Certification.

Moving the contaminated soils will cause the contaminants to disperse.  Because the contaminants are so light, they will be easily dispersed and will drift ashore where damage will occur to plants and animals.