S-1499.2 _______________________________________________
SENATE BILL 5909
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State of Washington 55th Legislature 1997 Regular Session
By Senators Thibaudeau, Fairley and Heavey
Read first time 02/19/97. Referred to Committee on Transportation.
AN ACT Relating to lease of unused highway land or air space; amending RCW 47.12.120; and adding a new section to chapter 47.12 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 47.12.120 and 1977 ex.s. c 151 s 50 are each amended to read as follows:
(1) The department is authorized, subject to the provisions and requirements of zoning ordinances of political subdivisions of government, to rent or lease any lands, improvements, or air space above or below any lands, including those used or to be used for both limited access and conventional highways which are held for highway purposes but are not presently needed, upon such terms and conditions as the department may determine.
(2) Leases provided in subsection (1) of this section, except residential leases, leases for less than one year, and leases for farming or for parks or natural areas, are subject to the requirements of section 2 of this act.
NEW SECTION. Sec. 2. A new section is added to chapter 47.12 RCW to read as follows:
(1) Not more than thirty days after an application for a lease is received, the department shall post at the site a notice of receipt of application, and invite comment on the proposed use. The department shall also provide notice in a newspaper of general circulation in the area. In addition, the department shall provide written notice to the general purpose governments whose boundaries include the parcel proposed for lease and other agencies as deemed appropriate by the department. The department shall allow a thirty-day period to receive comments, and may not take action on the application until that comment period has elapsed.
(2) When comments warrant, the department shall convene a public meeting in the neighborhood of the parcel in question. Where practicable, the department is encouraged to coordinate its public notices and meetings with those of other public agencies.
(3) Once an application is tentatively approved, the department shall give notice of its availability and promptly provide it upon request to all those who commented during the earlier comment period or who participated in any public meeting. The agreement may not be finalized until ten days after this notice of availability has been issued.
(4) The requirements in subsections (1) through (3) of this section may be suspended upon a declaration by the department that an emergency exists.
(5) The department may hold public meetings in the locale of areas in which it is considering leasing activity. The requirements of subsections (1) and (2) of this section are suspended if, in the year previous to receiving a leasing application, the department has conducted such a public meeting at which there was discussion of the leasing purpose for the site later proposed in the application.
(6) A lease for a period of more than one year may be approved only after a determination by the department that the lease is consistent with the public interest.
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