BP BHEAD INT S [atlas:bill]

AN ACT Relating to terms of, and time frames for, updating port management agreements; amending RCW 79.90.475; adding a new section to chapter 79.90 RCW; and providing an effective date.

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

NEW SECTION. Sec. 1. A new section is added to chapter 79.90 RCW to read as follows:

(1) The purpose of a port management agreement authorized in RCW 79.90.475 is to assure that the port manages state-owned aquatic land in the same manner as the state would act in implementing state laws, rules, and policies adopted for state-owned aquatic lands. To that end, as laws, rules, and policies change to address a wide variety of social, legal, and financial risk management issues, the role of the port as described in any port management agreement must change as well.

(2) Any existing port management agreement that is not in complete compliance with any change in law, rule, or policy shall be modified within three years of the effective date of any change in law, rule, or policy. For purposes of this section, any action by the board of natural resources to adopt or modify a model port management agreement shall also result in a modification within three years of any existing port management agreement so that the agreement is consistent with the model.

(3) The term of a port management agreement shall not exceed thirty years from the effective date of the signed agreement.

Sec. 2. RCW 79.90.475 and 1984 c 221 s 6 are each amended to read as follows:

Upon request of a port district, the department and port district may enter into an agreement authorizing the port district to manage state-owned aquatic lands abutting or used in conjunction with and contiguous to uplands owned, leased, or otherwise managed by a port district, for port purposes as provided in Title 53 RCW. Such agreement shall include, but not be limited to, provisions defining the specific area to be managed, the term, conditions of occupancy, reservations, periodic review, and other conditions to ensure consistency with the state Constitution and the policies of this chapter. If a port district acquires operating management, lease, or ownership of real property which abuts state-owned aquatic lands currently under lease from the state to a person other than the port district, the port district shall manage such aquatic lands if: (1) The port district acquires the leasehold interest in accordance with state law, or (2) the current lessee and the department agree to termination of the current lease to accommodate management by the port. The administration of aquatic lands covered by a management agreement shall be consistent with the aquatic land policies of chapters 79.90 through 79.96 RCW and the implementing regulations adopted by the department. The administrative procedures for management of the lands shall be those of Title 53 RCW.

No rent shall be due the state for the use of state-owned aquatic lands managed under this section for water-dependent or water-oriented uses. If a port district manages state-owned aquatic lands under this section and either leases or otherwise permits any person to use such lands, the rental fee attributable to such aquatic land only shall be comparable to the rent charged lessees for the same or similar uses by the department: PROVIDED, That a port district need not itemize for the lessee any charges for state-owned aquatic lands improved by the port district for use by carriers by water. If a port leases state-owned aquatic lands to any person for nonwater-dependent use, eighty-five percent of the revenue attributable to the rent of the state-owned aquatic land only shall be paid to the state.

Upon application for a management agreement, and so long as the application is pending and being diligently pursued, no rent shall be due the department for the lease by the port district of state-owned aquatic lands included within the application for water-dependent or water-oriented uses. The application process shall not extend more than one year from the date of application without written consent of both parties. If the parties fail to reach an agreement in writing to extend the application process within the one-year period, the application shall lapse and payment for any lease shall be reinstituted retroactive to the beginning of the application period. In the event of a lapse in application, reapplication may not occur within one year of the date of the notification of the lapse in application.

The department and representatives of the port industry shall develop a proposed model management agreement which shall be used as the basis for negotiating the management agreements required by this section. The model management agreement shall be reviewed and approved by the board of natural resources.

NEW SECTION. Sec. 3. Section 1 of this act takes effect July 1, 2000.