HOUSE BILL REPORT

SJR 8201

As Amended by the House

BYSenators Anderson, Vognild, Cantu, Conner and Johnson

Amending the Constitution to allow leases of up to fifty-five years for wharves, docks, and other structures within harbors.

House Committe on Natural Resources & Parks

Majority Report:  Do pass with amendment.  (10)

      Signed by Representatives Belcher, Chair;K. Wilson, Vice Chair; Beck, Ranking Republican Member; Brumsickle; Dellwo; Ferguson;R. Fisher; Hargrove; Raiter and Sayan.

House Staff:Jean Kelley McElroy (786-7196)

AS OF HOUSE SECOND READING APRIL 6, 1989

BACKGROUND:

Article XV of the Washington State Constitution requires the Legislature to provide for the establishment of harbor areas.  These are to be located in navigable waters within one mile of cities having "harbors, bays, estuaries, or inlets."  Harbor areas have been established at a number of cities; most are in Puget Sound.  The waters beyond the outer harbor line must remain open for navigation.

The Constitution requires that the area between any harbor line and the line of ordinary high water remain in state control and be "forever reserved for landings, wharves, streets and other conveniences of navigation and commerce."  The interpretation of this restriction has recently been loosened somewhat to allow for public uses which do not conflict with commerce in these areas.

The Constitution further provides that the Legislature shall provide general laws for the leasing of the right to build and maintain structures in the area described above.  The maximum term for such leases under the Constitution is currently 30 years.  The maximum term for leases of the tidelands and shorelands on which those structures are built is 55 years.  The leases are administered by the Department of Natural Resources and various port districts.

An identical resolution was passed by the Legislature in 1983.  It was turned down by popular vote in the next general election.

SUMMARY:

The Legislature is to call for public vote on an amendment to the Washington State Constitution, Article XV, Section 2.  The amendment changes the length of time for which harbor docks and wharves can be leased from 30 to 55 years.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Bob Barnard, Department of Transportation; Steve Tilley, Department of Natural Resources; Dave Rogers, Washington Public Ports Association.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Longer term leases will help businesses in obtaining the financing needed to undertake major renovation and development projects in harbor areas.

House Committee - Testimony Against:      None Presented.