ESB 6031 -
By Committee on Finance
ADOPTED 03/07/2014
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 36.61.010 and 2008 c 301 s 1 are each amended to read
as follows:
(1) The legislature finds that the environmental, recreational, and
aesthetic values of many of the state's lakes are threatened by
eutrophication and other deterioration and that existing governmental
authorities are unable to adequately improve and maintain the quality
of the state's lakes.
(2) The legislature intends that an ecosystem-based beach
management approach should be used to help promote the health of
aquatic ecosystems and that such a management approach be undertaken in
a manner that retains ecosystem values within the state. This
management approach should use long-term strategies that focus on
reducing nutrient inputs from human activities affecting the aquatic
ecosystem, such as decreasing nutrients into storm water sewers,
decreasing fertilizer application, promoting the proper disposal of pet
waste, promoting the use of vegetative borders, promoting the reduction
of nutrients from on-site septic systems where appropriate, and
protecting riparian areas. Organic debris, including vegetation,
driftwood, seaweed, kelp, and organisms, are extremely important to
beach ecosystems.
(3) The legislature further finds that it is in the public interest
to promote the conservation and stewardship of shorelines and upland
properties adjoining lakes and beaches in order to: (a) Conserve
natural or scenic resources; (b) protect riparian habitats and water
quality; (c) promote conservation of soils, wetlands, shorelines, or
tidal marshes; (d) enhance the value of lakes or beaches to the public
as well as the benefit of abutting or neighboring parks, forests,
wildlife preserves, nature reservations or sanctuaries, or other open
space; (e) enhance recreation opportunities; (f) preserve historic
sites; and (g) protect visual quality along highway, road, street,
trail, recreational, and other corridors or scenic vistas.
(4) It is the purpose of this chapter to establish a governmental
mechanism by which property owners can embark on a program of lake or
beach improvement and maintenance for their and the general public's
benefit, health, and welfare. Public property, including state
property, shall be considered the same as private property in this
chapter, except liens for special assessments and liens for rates and
charges shall not extend to public property. Lake bottom property and
marine property below the line of the ordinary high water mark shall
not be considered to be benefitted, shall not be subject to special
assessments or rates and charges, and shall not receive voting rights
under this chapter.
Sec. 2 RCW 36.61.020 and 2008 c 301 s 3 are each amended to read
as follows:
(1) Any county may create lake or beach management districts to
finance: (a) The improvement and maintenance of lakes or beaches
located within or partially within the boundaries of the county; and
(b) the acquisition of real property or property rights within or
outside a lake or beach management district including, by way of
example, conservation easements authorized under RCW 64.04.130, and to
promote the conservation and stewardship of shorelines as well as the
conservation and stewardship of upland properties adjoining lakes or
beaches for conservation or for minimal development. All or a portion
of a lake or beach and the adjacent land areas may be included within
one or more lake or beach management districts. More than one lake or
beach, or portions of lakes or beaches, and the adjacent land areas may
be included in a single lake or beach management district.
(2) For the purposes of this chapter, the term "improvement"
includes, among other things, the acquisition of real property and
property rights within or outside a lake or beach management district
for the purposes set forth in RCW 36.61.010 and this section.
(3) Special assessments or rates and charges may be imposed on the
property included within a lake or beach management district to finance
lake or beach improvement and maintenance activities, including:
(((1))) (a) Controlling or removing aquatic plants and vegetation;
(((2))) (b) improving water quality; (((3))) (c) controlling water
levels; (((4))) (d) treating and diverting storm water; (((5))) (e)
controlling agricultural waste; (((6))) (f) studying lake or marine
water quality problems and solutions; (((7))) (g) cleaning and
maintaining ditches and streams entering the lake or marine waters or
leaving the lake; (((8))) (h) monitoring air quality; (i) the
acquisition of real property and property rights; and (((9))) (j) the
related administrative, engineering, legal, and operational costs,
including the costs of creating the lake or beach management district.
(4) Special assessments or rates and charges may be imposed
annually on all the land in a lake or beach management district for the
duration of the lake or beach management district without a related
issuance of lake or beach management district bonds or revenue bonds.
Special assessments also may be imposed in the manner of special
assessments in a local improvement district with each landowner being
given the choice of paying the entire special assessment in one
payment, or to paying installments, with lake or beach management
district bonds being issued to obtain moneys not derived by the initial
full payment of the special assessments, and the installments covering
all of the costs related to issuing, selling, and redeeming the lake or
beach management district bonds.
NEW SECTION. Sec. 3 A new section is added to chapter 36.61 RCW
to read as follows:
A proposal to acquire real property or property rights within or
outside of a lake or beach management district in accordance with RCW
36.61.020 is subject to the following limitations and requirements:
(1) The real property or property rights proposed for acquisition must
be in a county located west of the crest of the Cascade mountain range
that plans under RCW 36.70A.040 and has a population of more than forty
thousand and fewer than sixty-five thousand persons as of April 1,
2013, as determined by the office of financial management; and (2)
prior to the acquisition of real property or property rights, the
proposal must have the written approval of a majority of the property
owners of the district, as determined by the tax rolls of the county
assessor.
Sec. 4 RCW 36.61.070 and 2008 c 301 s 9 are each amended to read
as follows:
(1) After the public hearing, the county legislative authority may
adopt a resolution submitting the question of creating the lake or
beach management district to the owners of land within the proposed
lake or beach management district, including publicly owned land, if
the county legislative authority finds that it is in the public
interest to create the lake or beach management district and the
financing of the lake or beach improvement and maintenance activities
is feasible. The resolution shall also include: (((1))) (a) A plan
describing the proposed lake or beach improvement and maintenance
activities which avoid adverse impacts on fish and wildlife and provide
for appropriate measures to protect and enhance fish and wildlife;
(((2))) (b) the number of years the lake or beach management district
will exist; (((3))) (c) the amount to be raised by special assessments
or rates and charges; (((4))) (d) if special assessments are to be
imposed, whether the special assessments shall be imposed annually for
the duration of the lake or beach management district or only once with
the possibility of installments being imposed and lake or beach
management bonds being issued, or both, and, if both types of special
assessments are proposed to be imposed, the lake or beach improvement
or maintenance activities proposed to be financed by each type of
special assessment; (((5))) (e) if rates and charges are to be imposed,
a description of the proposed rates and charges and the possibility of
revenue bonds being issued that are payable from the rates and charges;
and (((6))) (f) the estimated special assessment or rate and charge
proposed to be imposed on each parcel included in the proposed lake or
beach management district.
(2) No lake or beach management district may be created by a county
that includes territory located in another county without the approval
of the legislative authority of the other county.
Sec. 5 RCW 36.61.220 and 2008 c 301 s 21 are each amended to read
as follows:
Within ((fifteen)) thirty days after a county creates a lake or
beach management district, the county shall cause to be filed with the
county treasurer, a description of the lake or beach improvement and
maintenance activities proposed that the lake or beach management
district finances, the lake or beach management district number, and a
copy of the diagram or print showing the boundaries of the lake or
beach management district and preliminary special assessment roll or
abstract of the same showing thereon the lots, tracts, parcels of land,
and other property that will be specially benefitted thereby and the
estimated cost and expense of such lake or beach improvement and
maintenance activities to be borne by each lot, tract, parcel of land,
or other property. The treasurer shall immediately post the proposed
special assessment roll upon his or her index of special assessments
against the properties affected by the lake or beach improvement or
maintenance activities.
Sec. 6 RCW 36.61.250 and 1985 c 398 s 25 are each amended to read
as follows:
Except when lake or beach management district bonds are outstanding
or when an existing contract might otherwise be impaired, the county
legislative authority may stop the imposition of annual special
assessments if, in its opinion, the public interest will be served by
such action.
Sec. 7 RCW 36.61.260 and 2008 c 301 s 23 are each amended to read
as follows:
(1) Counties may issue lake or beach management district revenue
bonds in accordance with this section. Lake or beach management
district bonds may be issued to obtain money sufficient to cover that
portion of the special assessments that are not paid within the thirty-day period provided in RCW 36.61.190.
(2) Whenever lake or beach management district revenue bonds are
proposed to be issued, the county legislative authority shall create a
special fund or funds for the lake or beach management district from
which all or a portion of the costs of the lake or beach improvement
and maintenance activities shall be paid. Lake or beach management
district bonds shall not be issued in excess of the costs and expenses
of the lake or beach improvement and maintenance activities and shall
not be issued prior to twenty days after the thirty days allowed for
the payment of special assessments without interest or penalties.
(3) Lake or beach management district revenue bonds shall be
exclusively payable from the special fund or funds and from a guaranty
fund that the county may have created out of a portion of proceeds from
the sale of the lake or beach management district bonds.
(((2))) (4)(a) Lake or beach management district revenue bonds
shall not constitute a general indebtedness of the county issuing the
bond nor an obligation, general or special, of the state. The owner of
any lake or beach management district revenue bond shall not have any
claim for the payment thereof against the county that issues the bonds
except for: (i) With respect to revenue bonds payable from special
assessments, payment from the special assessments made for the lake or
beach improvement or maintenance activities for which the lake or beach
management district bond was issued and from the special fund or funds,
and a lake or beach management district guaranty fund, that may have
been created; and (ii) with respect to revenue bonds payable from rates
and charges, payment from rates and charges deposited in the special
fund or funds that the county may have created for that purpose.
Revenue bonds may be payable from both special assessments and from
rates and charges. The county shall not be liable to the owner of any
lake or beach management district bond for any loss to ((the)) a lake
or beach management district guaranty fund occurring in the lawful
operation of the fund. The owner of a lake or beach management
district bond shall not have any claim against the state arising from
the lake or beach management district bond, rates and charges, special
assessments, or guaranty fund. Tax revenues shall not be used to
secure or guarantee the payment of the principal of or interest on lake
or beach management district bonds. Notwithstanding the provisions of
this subsection, nothing in this section may be interpreted as limiting
a county's issuance of bonds pursuant to RCW 36.67.010 in order to
assist in the financing of improvements to lakes or beaches located
within or partially within the boundaries of the county, including
without limitation lakes or beaches located within a lake or beach
management district.
(b) The substance of the limitations included in this subsection
(4) shall be plainly printed, written, engraved, or reproduced on:
(((a))) (i) Each lake or beach management district bond that is a
physical instrument; (((b))) (ii) the official notice of sale; and
(((c))) (iii) each official statement associated with the lake or beach
management district bonds.
(((3))) (5) If the county fails to make any principal or interest
payments on any lake or beach management district bond or to promptly
collect any special assessment securing ((the)) lake or beach
management district revenue bonds when due, the owner of the lake or
beach management district revenue bond may obtain a writ of mandamus
from any court of competent jurisdiction requiring the county to
collect the special assessments, foreclose on the related lien, and
make payments out of the special fund or guaranty fund if one exists.
Any number of owners of lake or beach management districts may join as
plaintiffs.
(((4))) (6) A county may create a lake or beach management district
bond guaranty fund for each issue of lake or beach management district
bonds. The guaranty fund shall only exist for the life of the lake or
beach management district bonds with which it is associated. A portion
of the bond proceeds may be placed into a guaranty fund. Unused moneys
remaining in the guaranty fund during the last two years of the
installments shall be used to proportionally reduce the required level
of installments and shall be transferred into the special fund into
which installment payments are placed. A county may, in the discretion
of the legislative authority of the county, deposit amounts into a lake
or beach management district bond guaranty fund from any money legally
available for that purpose. Any amounts remaining in the guaranty fund
after the repayment of all revenue bonds secured thereby and the
payment of assessment installments, may be applied to lake or beach
improvement and maintenance activities or to other district purposes.
(((5))) (7) Lake or beach management district bonds shall be issued
and sold in accordance with chapter 39.46 RCW. The authority to create
a special fund or funds shall include the authority to create accounts
within a fund.
Sec. 8 RCW 36.61.030 and 2008 c 301 s 5 are each amended to read
as follows:
A lake or beach management district may be initiated upon either
the adoption of a resolution of intention by a county legislative
authority or the filing of a petition signed by ten landowners or the
owners of at least ((fifteen)) twenty percent of the acreage contained
within the proposed lake or beach management district, whichever is
greater. A petition or resolution of intention shall set forth: (1)
The nature of the lake or beach improvement or maintenance activities
proposed to be financed; (2) the amount of money proposed to be raised
by special assessments or rates and charges; (3) if special assessments
are to be imposed, whether the special assessments will be imposed
annually for the duration of the lake or beach management district, or
the full special assessments will be imposed at one time, with the
possibility of installments being made to finance the issuance of lake
or beach management district bonds, or both methods; (4) if rates and
charges are to be imposed, the annual amount of revenue proposed to be
collected and whether revenue bonds payable from the rates and charges
are proposed to be issued; (5) the number of years proposed for the
duration of the lake or beach management district; and (6) the proposed
boundaries of the lake or beach management district.
The county legislative authority may require the posting of a bond
of up to five thousand dollars before the county considers the proposed
creation of a lake or beach management district initiated by petition.
The bond may only be used by the county to finance its costs in
studying, holding hearings, making notices, preparing special
assessment rolls or rolls showing the rates and charges on each parcel,
and conducting elections related to the lake or beach management
district if the proposed lake or beach management district is not
created.
A resolution of intention shall also designate the number of the
proposed lake or beach management district, and fix a date, time, and
place for a public hearing on the formation of the proposed lake or
beach management district. The date for the public hearing shall be at
least thirty days and no more than ninety days after the adoption of
the resolution of intention unless an emergency exists.
Petitions shall be filed with the county legislative authority.
The county legislative authority shall determine the sufficiency of the
signatures, which shall be conclusive upon all persons. No person may
withdraw his or her name from a petition after it is filed. If the
county legislative authority determines a petition to be sufficient and
the proposed lake or beach management district appears to be in the
public interest and the financing of the lake or beach improvement or
maintenance activities is feasible, it shall adopt a resolution of
intention, setting forth all of the details required to be included
when a resolution of intention is initiated by the county legislative
authority.
NEW SECTION. Sec. 9 A new section is added to chapter 36.61 RCW
to read as follows:
(1) In connection with the acquisition of real property or property
rights within or outside a lake or beach management district, a county
may: (a) Own real property and property rights, including without
limitation conservation easements; (b) transfer real property and
property rights to another state or local governmental entity; (c)
contract with a public or private entity, including without limitation
a financial institution with trust powers, a municipal corporation, or
a nonprofit corporation, to hold real property or property rights such
as conservation easements in trust for the purposes of the lake and
beach management district, and, in connection with those services, to
pay the reasonable costs of that financial institution or nonprofit
corporation; (d) monitor and enforce the terms of a real property right
such as a conservation easement, or for that purpose to contract with
a public or private entity, including without limitation a financial
institution with trust powers, a municipal corporation, or a nonprofit
corporation; (e) impose terms, conditions, and encumbrances upon real
property or property rights acquired in respect of a lake or beach
management district, and amend the same; and (f) accept gifts, grants,
and loans in connection with the acquisition of real property and
property rights for lake or beach management district purposes.
(2) If a county contracts with a financial institution, municipal
corporation, or nonprofit corporation to hold that property or property
rights in trust for purposes of the district, the terms of the contract
must provide that the financial institution, municipal corporation, or
nonprofit corporation may not sell, pledge, or hypothecate the property
or property rights for any purpose, and must further provide for the
return of the property or property rights back to the county in the
event of a material breach of the terms of the contract.
(3) Before a lake or beach management district in existence as of
the effective date of this section exercises the powers set forth in
this section, the legislative authority of the county must provide for
an amended resolution of intention and modify the plan for the
district, with a public hearing, all as provided in RCW 36.61.050.
Sec. 10 RCW 36.61.170 and 2008 c 301 s 18 are each amended to
read as follows:
(1) The total annual special assessments may not exceed the
estimated cost of the lake or beach improvement or maintenance
activities proposed to be financed by such special assessments, as
specified in the resolution of intention. The total of special
assessments imposed in a lake or beach management district that are of
the nature of special assessments imposed in a local improvement
district shall not exceed one hundred fifty percent of the estimated
total cost of the lake or beach improvement or maintenance activities
that are proposed to be financed by the lake or beach management
district as specified in the resolution of intention.
(2) After a lake or beach management district has been created, the
resolution of intention may be amended to increase or otherwise modify
the amount to be financed by the lake or beach management district by
using the same procedure in which a lake or beach management district
is created, including landowner approvals consistent with the
procedures established in RCW 36.61.080 through 36.61.100.
NEW SECTION. Sec. 11 A new section is added to chapter 36.61 RCW
to read as follows:
(1) Except when lake or beach management district bonds are
outstanding or when an existing contract might otherwise be impaired,
a lake or beach management district may be dissolved either by: The
county legislative authority upon a finding that the purposes of the
district have been accomplished; or a vote of the property owners
within the district, if proposed by the legislative authority of the
county or through the filing of a sufficient petition signed by the
owners of at least twenty percent of the acreage within the district.
(2) If the question of dissolution of a district is submitted to
property owners, the balloting is subject to the following conditions,
which must be included in the instructions mailed with each ballot, as
provided in RCW 36.61.080:
(a) A ballot must be mailed to each owner or reputed owner of any
lot, tract, parcel of land, or other property within the district, with
the ballot weighted so that a property owner has one vote for each
dollar of special assessment or rates and charges imposed on his or her
property;
(b) A ballot must be signed by the owner or reputed owner of
property according to the assessor's tax rolls;
(c) Each ballot must be returned to the county legislative
authority no later than 5:00 p.m. of a specified day, which must be at
least twenty, but not more than thirty days after the ballots are
mailed; and
(d) Each property owner must mark his or her ballot for or against
the dissolution of the district.
(3) If, following the tabulation of the valid ballots, a simple
majority of the votes cast are in favor of dissolving the district, the
district must be dissolved on the date established in the ballot
proposition.
(4) A county, although not separately responsible for satisfying
the financial obligations of a dissolved district, has full authority
to continue imposing special assessments, rates, and charges for a
dissolved district until all financial obligations of the district
incurred prior to its dissolution have been extinguished or retired."
Correct the title.
EFFECT: (1) Limits the authority of a lake or beach management
district (district) to acquire real property or property rights as
proposed in the underlying bill, by specifying that the acquisitions
can only occur in counties meeting specified land use planning,
geographic, and population criteria.
(2) Specifies that amounts remaining in district bond guaranty
funds after repayment of revenue bonds and the payment of other
obligations may be applied to lake or beach improvement and maintenance
activities or to other district purposes (rather than to other county
purposes).
(3) Deletes a proposed section in the underlying bill requiring
proposals for district revenue bonds to be, prior to the issuance of
the bonds, approved in writing by a majority of the property owners of
the district.
(4) Specifies that, after a district has been created, the
resolution of intention that is a governing document for the district
may be amended to increase or otherwise modify (rather than only to
increase) the amount to be financed by the district by using the same
procedure in which a lake or beach management district is created,
including landowner-based ballot approvals.
(5) Increases the landowner petition threshold signature
requirements for a petition calling for the creation of a district from
the owners of at least 15 percent of the acreage of the district to the
owners of at least 20 percent of the acreage of the district.
(6) Establishes dissolution process for districts.
(7) Specifies that the dissolution may occur through an action of
a county legislative authority or through a landowner-based election
process initiated by the county or through a landowner petition
process.
(8) Establishes provisions for a dissolution election, including
the use of weighted ballots.
(9) Specifies that a county may continue imposing special
assessments, rates, and charges for a dissolved district until all
financial obligations of the district incurred prior to its dissolution
have been extinguished or retired.