BP BHEAD INT H [atlas:bill]

AN ACT Relating to designation of a regional spaceport authority; adding a new chapter to Title 43 RCW; adding a new chapter to Title 53 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. (1) The legislature finds that:

(a) There are several commercial spaceports that either operate or are about to begin operation within the United States;

(b) All of these spaceports will be launching expendable launch vehicles based on technologies developed many decades ago;

(c) Due to the inherent dangers associated with present day expendable launch vehicles, each of these spaceports are located on the shore of or within the Atlantic or Pacific Ocean;

(d) A commercially viable spaceport in Washington is only valid if developed primarily for launching reusable launch vehicles;

(e) The technologies required to build these vehicles have been developed, however, no true reusable launch vehicle currently exists;

(f) The National Aeronautics and Space Administration, in cooperation with private industry, is currently leading the effort to develop a revolutionary method of getting into space using single-stage-to-orbit reusable launch vehicles; and

(g) Current plans involve the testing of a reusable launch vehicle in 2002, followed by commercial operations as early as 2005, with the possible replacement of the space shuttle with the reusable launch vehicle by 2012.

(2) It is the intent of this chapter to promote economic growth and job creation through the state designation of a Washington spaceport that would provide the land, airspace, and facilities to enable its customers to achieve low-cost and efficient access to space and support of space and space-related operations.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Department" means the department of community, trade, and economic development.

(2) "Director" means the director of community, trade, and economic development.

(3) "Office" means the office of Washington spaceport development.

(4) "Port district" means a governmental entity created under chapter 53.04 RCW.

(5) "Spaceport" means an installation and related facilities used for the takeoff, landing, retrieval, servicing, and monitoring of vehicles capable of entering space.

NEW SECTION. Sec. 3. (1) The office of Washington spaceport development is created within the department. The office shall serve as the state's official liaison with the federal government and private industry representative regarding the development of a spaceport in the state.

(2) The office shall:

(a) Promote space development and space-related activities in the state;

(b) Provide technical assistance to a port district and consortium of local governments and economic development organizations working to secure the necessary federal designation as a spaceport in the state;

(c) Work with the Washington economic development finance authority to develop programs that can be used to assist in the financing of the spaceport and space-related activities;

(d) Advise the governor and director on policy matters that impact the development of a spaceport and space-related activities in the state;

(e) Solicit and accept federal, state, local, and private funds for the purpose of feasibility, environmental, transportation, communication, land use, or technical studies necessary or advisable to the selection or establishment of a spaceport in the state; and

(f) Conduct other activities the director deems necessary to secure the location of a spaceport in the state.

NEW SECTION. Sec. 4. It is the intent of this chapter to promote economic growth and job creation through the development of facilities, in conjunction with private industry, that can be used to support the launch and operation of reusable launch vehicles and space-related businesses in the state. This chapter shall not be construed as modifying or restricting any powers granted to port districts by law.

NEW SECTION. Sec. 5. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Obligations" means bonds, notes, securities, or other obligations or evidences of indebtedness.

(2) "Persons" means any natural person, firm, partnership, association, private or public corporation, or governmental entity.

(3) "Port district" means a governmental entity created under chapter 53.04 RCW.

(4) "Spaceport" means an installation and related facilities used for the takeoff, landing, retrieval, servicing, and monitoring of vehicles capable of entering space.

NEW SECTION. Sec. 6. (1) Port districts formed under chapter 53.04 RCW, either individually or as part of a consortium consisting of two or more port districts, are authorized to establish a spaceport for the purpose of owning, leasing, equipping, reequipping, acquiring, developing, constructing, operating, and maintaining facilities used for the takeoff, landing, retrieval, servicing, and monitoring of vehicles capable of entering space.

(2) A port district proposing to establish a spaceport shall work with the department of community, trade, and economic development's office of Washington spaceport development, created in section 3 of this act, to develop the documents necessary to secure federal designation as a spaceport.

NEW SECTION. Sec. 7. A port district that has established a spaceport under the provisions of this chapter may:

(1) Impose fees, rents, tolls, and charges for the use of the spaceport facility or its related services;

(2) Acquire real and personal property in its name for the purpose of establishing a spaceport or space-related facility;

(3) Perform or cause to be performed environmental, transportation, communication, land use, or technical studies necessary or advisable to establish a spaceport;

(4) Issue obligations to persons for the purpose of financing the acquisition of real property and acquisition, construction, or renovation of facilities and equipment necessary for the operation and support of a spaceport or space-related facility;

(5) Negotiate agreements, in consultation with the Washington state secretary of transportation, for the overflight or recovery of space vehicles, rockets, missiles, payloads, boosters, scientific experiments, or other space-related materials, debris, or parts;

(6) Solicit and accept federal, state, local, and private funds for the purpose of developing, constructing, maintaining, and operating a spaceport; and

(7) Report annually to the department of community, trade, and economic development's office of Washington spaceport development on the status of the spaceport and other space-related activities undertaken by the port district.

NEW SECTION. Sec. 8. Sections 1 through 3 of this act constitute a new chapter in Title 43 RCW.

NEW SECTION. Sec. 9. Sections 4 through 7 of this act constitute a new chapter in Title 53 RCW.

NEW SECTION. Sec. 10. Sections 1 through 7 of this act may be known and cited as the Washington spaceport development act.