SENATE BILL REPORT

SHB 63

BYHouse Committee on Local Government (originally sponsored by Representatives Unsoeld, Haugen, Cooper, Madsen, Nutley, Belcher and May)

Revising provisions on lake management districts.

House Committe on Local Government

Senate Committee on Parks & Ecology

Senate Hearing Date(s):March 23, 1987

Majority Report:  Do pass as amended.

      Signed by Senators Kreidler, Chairman; Rinehart, Vice Chairman; Hansen, Kiskaddon.

Senate Staff:Gary Wilburn (786-7453)

                  March 23, 1987

AS REPORTED BY COMMITTEE ON PARKS & ECOLOGY, MARCH 23, 1987

BACKGROUND:

In 1985 the Legislature authorized the creation of lake management districts to provide an alternative governmental mechanism for lake improvements and maintenance, to prevent eutrophication and other deterioration.  Any county is authorized to create lake management districts for a period of up to ten years.  Special assessments may be imposed within the district to finance improvement and maintenance activities including removal of aquatic plants and vegetation, water quality, control of water levels, storm water diversion and treatment, and similar activities.  Formation of a district may be initiated either by resolution of the county legislative authority or filing of a petition signed by the greater of ten landowners or the owners of at least 25 percent of the landowners within the proposed district.  Following a public hearing upon a petition a proposed ballot must be mailed to each owner describing the number of acres on the owner's property and the amount of lake front footage.

SUMMARY:

The laws relating to lake management districts are altered as follows:

(1)  Rates and charges may be imposed within lake management districts in addition to, or in lieu of, special assessments.  Revenue bonds may be issued payable from these rates and charges as well as from special assessments.  Existing law under Chapter 79.44 RCW is to govern procedures for imposing rates and charges upon state property.

(2) The extent of public use cannot be considered when imposing rates and charges.

(3) The signature requirement to initiate the creation of the lake management district is altered from the greater of ten landowners or 25 percent of the landowners, to the greater of ten landowners or the owners of 15 percent or more of the acreage in the proposed district.

(4) The voting scheme to authorize the creation of a district is altered from weighted voting based on acreage and lake front footage to one vote for each dollar of special assessment or rates and charges proposed on the voter's property.

(5) A special assessment, or rate or charge, may not be increased to an amount greater than 110 percent of the estimated amount used as the basis for voting to create the district.

(6) Special assessments may be measured considering existing facilities on the property, public and private land use restrictions, square footage of the property, access to the improvement, and other factors.

SUMMARY OF PROPOSED SENATE AMENDMENT:

Language prohibiting consideration of the extent of public uses when imposing special assessments or rates and charges is deleted.

Fiscal Note:      none requested

Senate Committee - Testified: Representative Gary Bumgarner; Wallace Kydland, Long Lake Improvement Association; Karen Fraser, Thurston County Commissioner; Randy Ellison, Department of Game; Maryan Reynolds, Lakes Imp. Association; Thomas Clingman, WALPA; William Fozdick, Lake Lawrence Clean-up Comm.