State of Washington | 60th Legislature | 2008 Regular Session |
READ FIRST TIME 02/07/08.
AN ACT Relating to the management of state-owned aquatic lands by cities for the purposes of operating a publicly owned marina; adding a new section to chapter 79.105 RCW; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 79.105 RCW
to read as follows:
(1)(a) A city with a population between twenty thousand and twenty-five thousand on the effective date of this section and that currently
operates a publicly owned marina may enter into a reduced fee lease
authorizing the city to use state-owned aquatic lands for the purpose
of operating a publicly owned marina. The office of financial
management's population estimate must be used to determine a city's
population for purposes of this section. The lease period may not
exceed twenty years.
(b) No rent is due the state for the use of state-owned aquatic
lands for the first ten years under such a lease. During subsequent
years under such a lease, rent is due for only those lands that have
been included under a previous aquatic land lease for the marina. The
lease may not be renewed, extended, or put into holdover.
(2) A city choosing to enter into a lease as provided in subsection
(1) of this section must do so within one year of the effective date of
this section. Prior to entering into such a lease, the city must be in
good standing with the department and must have paid all amounts owed
the department including any accrued interest.
(3) State-owned aquatic lands that may be included in the lease are
limited only to those lands included in the most recent expired lease
with the city for the marina, along with any state-owned aquatic lands
immediately adjacent to those lands. Only those marina operations
conducted directly by the city may be included within the leased area.
(4) If a city chooses to enter into an agreement as provided in
subsection (1) of this section, the city is not eligible to apply for
grants from the aquatic lands enhancement account created under RCW
79.105.150 for the first ten years of the lease.
(5) Upon expiration of the twenty-year lease, the city may enter
into a new lease for the use of state-owned aquatic lands or vacate the
lands as agreed to in the expiring lease. To ensure the consistent
state-wide application of aquatic land management principles, the new
lease must be completed in accordance with all applicable sections of
this title.
(6) This section expires July 1, 2029.