S-3561.1

SENATE BILL 5818

State of Washington
68th Legislature
2024 Regular Session
BySenators Van De Wege, Mullet, Nguyen, Salomon, Liias, Randall, Hasegawa, Kauffman, Dhingra, Stanford, Nobles, and Saldaña
Prefiled 12/08/23.Read first time 01/08/24.Referred to Committee on Agriculture, Water, Natural Resources & Parks.
AN ACT Relating to authorizing an exemption to the seashore conservation area for a qualified infrastructure project; amending RCW 79A.05.630; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 79A.05.630 and 2011 c 184 s 1 are each amended to read as follows:
(1) Lands within the Seashore Conservation Area shall not be sold, leased, or otherwise disposed of, except as provided in this section.
(((1)))(2) The commission may, under authority granted in RCW 79A.05.175 and 79A.05.180, exchange state parklands in the Seashore Conservation Area for lands of equal value to be managed by the commission consistent with this chapter. Only state parklands lying east of the Seashore Conservation Line, as it is located at the time of exchange, may be so exchanged.
(((2)))(3) The commission may, under authority granted in RCW 79A.05.178, directly dispose of up to five contiguous acres of real property, without public auction, to resolve trespass, property ownership disputes, and boundary adjustments with adjacent property owners. Real property to be disposed of under this subsection may be disposed of only after appraisal and for at least fair market value, and only if the transaction is in the best interest of the state. All conveyance documents shall be executed by the governor. All proceeds from the disposal of the property shall be paid into the parkland acquisition account and proceeds received pursuant to any sale under this subsection shall be reinvested in real property located inside or within one mile of the Seashore Conservation Area.
(((3)))(4) The department of natural resources may lease the lands within the Washington State Seashore Conservation Area as well as the accreted lands along the ocean in state ownership for the exploration and production of oil and gas except that oil drilling rigs and equipment shall not be placed on the Seashore Conservation Area or state-owned accreted lands.
(5) Sale of sand from accretions shall be made to supply the needs of cranberry growers for cranberry bogs in the vicinity and shall not be prohibited if found by the commission to be reasonable, and not generally harmful or destructive to the character of the land. The commission may grant leases and permits for the removal of sands for construction purposes from any lands within the Seashore Conservation Area if found by the commission to be reasonable and not generally harmful or destructive to the character of the land. Net income from such leases shall be deposited in the state parks renewal and stewardship account.
(6)(a) The commission and the department of natural resources shall, upon request from a qualified infrastructure project owner, grant a permit for access to lands managed under this chapter and an easement for a qualified infrastructure project. The easement must be granted for an initial term of 50 years and is renewable thereafter upon request from a qualified infrastructure project owner.
(b) The definitions in this subsection (6)(b) apply throughout this subsection unless the context clearly requires otherwise.
(i) "Qualified infrastructure project" means the construction of utilities related to the deployment of a telecommunications infrastructure that occurs in part in a distressed area, as defined in RCW 43.168.020, that is located on the coast of Washington. The infrastructure may include, but is not limited to, buried utility connections and extension and any related equipment that will add broadband capacity and infrastructure to the area.
(ii) "Qualified infrastructure project owner" means a wholly owned subsidiary of a federally recognized tribe located in a county that borders the Pacific Ocean that is developing a qualified infrastructure project.
NEW SECTION.  Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
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