Olympia, WA - Bills of Interest about Property Rights Issues- 1/25/07

Senate Bill 5576 (Prohibiting the condemnation of unblighted private property for private use.):

Introduced by Sen. Pam Roach on January 24, 2007, to prohibit the condemnation of private property for private use if the property is unblighted. The bill is in response to the Supreme Court decision of Kelo v. City of New London. The bill contains an emergency clause, which requires it to take effect immediately .

 

Details and Comments: http://www.washingtonvotes.org/Legislation.aspx?ID=49920

 

Senate Bill 5577 (Creating the private property rights protection act.):

Introduced by Sen. Pam Roach on January 24, 2007, to create the private property rights protection act. The act would prevent the state and its political subdivisions from exercising the power of eminent domain for economic development purposes. The bill contains an emergency clause, which requires it to take effect immediately .

 

Details and Comments: http://www.washingtonvotes.org/Legislation.aspx?ID=49921

  

Senate Bill 5567 (Creating the salmon and watershed planning integration work group.):

Introduced by Sen. Dan Swecker on January 24, 2007, to create the salmon and watershed planning integration work group. The work group will review the current status of salmon recovery and watershed entities, plans, and projects, review the organizational structure and governance of entities preparing or implementing salmon recovery or watershed plans or projects, make recommendations regarding salmon recovery and state incentives to achieve greater integration of salmon recovery and watershed entities, plans, and projects.

 

Details and Comments: http://www.washingtonvotes.org/Legislation.aspx?ID=49911

 

House Bill 1627 (Creating the office of farmland preservation.):

Introduced by Rep. Kelli Linville on January 24, 2007, to create the Office of Farmland Preservation, which among other goals will ensure the state’s agricultural production is sufficient to meet the needs of our growing population. The bill also creates the rules and guidelines from which the office will operate and goes on to create a Farmland Preservation Task Force. See companion SB 5108.

 

Details and Comments: http://www.washingtonvotes.org/Legislation.aspx?ID=49967

 

House Bill 1648 (Increasing protections for agricultural operations, activities, and practices.):

Introduced by Rep. Brian Sullivan on January 24, 2007, to protect farmers from ‘nuisance’ litigation. The bill adds a new section that defines the legislative intent of protecting agricultural and forest activities from lawsuits. The bill also expands agricultural and forest operations to include activities that are related. See companion SB 5076.

 

Details and Comments: http://www.washingtonvotes.org/Legislation.aspx?ID=49988

 

House Bill 1656 (Establishing the Puget Sound scientific research account.):

Introduced by Rep. Christine Rolfes on January 24, 2007, to create a new entity to coordinate and highlight a comprehensive Puget Sound science program to set research priorities for Puget Sound science. The entity would evaluate the complex research needs that can guide protective and restorative actions. The entity would also help citizens understand the impacts of a changing environment.

 

Details and Comments: http://www.washingtonvotes.org/Legislation.aspx?ID=49996

Senate Bill 5507 (Changing Washington's vesting laws.):

Introduced by Sen. Adam Kline on January 22, 2007, to make changes to state vesting laws.  The bill would also repeal existing law pertaining to local project review development agreements.  See companion HB 1463.

 

Details and Comments: http://www.washingtonvotes.org/Legislation.aspx?ID=49603

 

This, and its companion house bill, harm land use applicants . . . that’s you and me citizen who might want to apply to build something, or do anything else that requires a permit.  The intent of the proposed legislation is highlighted on the first page of the bill . . .

 

1) A proposed division of land, as defined in RCW 58.17.020, shall be considered under the subdivision or short subdivision ordinance, and zoning or other land use control ordinances, in effect on the land at the time ((a fully completed application for preliminary plat approval of the subdivision, or short plat approval of the short subdivision, has been submitted to the appropriate county, city, or town official. (2) The requirements for a fully completed application shall be defined by local ordinance)) the county, city, or town legislative body acts on the application for preliminary approval as provided in RCW 58.17.110.

 

The law currently vests the applicant at the time the completed application is turned in.  The new version of the law would not vest the application until your local permit department actually gets around to acting on it.  The regulatory goalposts could move several times between the date you turn your application in and the date they act on it and you will be responsible for complying with all of the changes that took place while your application was sitting gathering dust.

 

You should download and read the full bill to get a feel for all of the changes in vesting the bill’s authors are contemplating.  You can be sure that a bill that begins with something like this is not going to get any better as it goes deeper into the topic . . .

 

The changes also apply to a building permit.

 

Not to be cynical or anything . . . but how many permits do you think will be processed during the time a land use regulation is being revised?

 

House Bill 1525 (Reducing the impact of regulatory provisions on small businesses.):

Introduced by Rep. Maralyn Chase on January 22, 2007, to create the “Small Business Advocacy Committee” made up of two members of the Senate, two members of the House of Representatives, and three small business owners.  The committee would be charged with reviewing and making recommendations on small business economic impact statements.

 

Details and Comments: http://www.washingtonvotes.org/Legislation.aspx?ID=49660

 

This one has potential for anyone who owns a small business that could be impacted by the instream flow rule, which requires a Small Business Impact Statement.

 

House Bill 1558 (Establishing a growth management needs and priorities task force.):

Introduced by Rep. Fred Jarrett on January 22, 2007, to create a bi-partisan growth management task force to assess current municipal growth management act policies and implementation, in collaboration with the Ruckelshaus Center at the University of Washington. The bill would add a new section to the RCW and carry a fiscal appropriation of $250,000. The task force must issue one report by December 1, 2007 with recommendations on the application of the best available science standards to critical areas and preexisting land uses and it must issue a subsequent report by June 30, 2008 with recommendations on how infrastructure service needs can be met for growing communities.

 

Details and Comments: http://www.washingtonvotes.org/Legislation.aspx?ID=49693

 

Senate Bill 5481 (Including water conservation in energy conservation provisions.):

Introduced by Sen. Eric Oemig on January 22, 2007, to require water be included in energy conservation efforts. The bill goes on to require that reduction in energy use or energy cost may also include reductions in the use or cost of water, wastewater, or solid waste. The bill defines "Water conservation" as reductions in the use of water or wastewater.

 

Details and Comments: http://www.washingtonvotes.org/Legislation.aspx?ID=49577

House Bill 1408 (Concerning conversion of forest land to nonforestry uses.):

Introduced by Rep. Ed Orcutt on January 18, 2007, to require local governments to deny building permit applications for land that will be converted to nonforestry use.  The prohibition would remain in effect until certain conditions have been met.

 

Details and Comments: http://www.washingtonvotes.org/Legislation.aspx?ID=49390

 

House Bill 1409 (Transferring jurisdiction over conversion-related forest practices to local governments.):

Introduced by Rep. Brian Sullivan on January 18, 2007, to transfer jurisdiction over conversion-related forest practices to local governments.

 

Details and Comments: http://www.washingtonvotes.org/Legislation.aspx?ID=49391

 

House Bill 1410 (Modifying provisions relating to the burden of proof on certain property tax appeals.):

Introduced by Rep. Jim McCune on January 18, 2007, to place the burden of proof on the public official responsible for establishing a property value for tax purposes if the estimated value increased by more than 5 percent from the previous year.  If the estimated value increase is less than 5 percent, the value is presumed to be correct.

 

Details and Comments: http://www.washingtonvotes.org/Legislation.aspx?ID=49392

 

House Bill 1412 (Providing for a one-year extension for shoreline master program updates in RCW 90.58.080.):

Introduced by Rep. Deborah Eddy on January 18, 2007, to allow cities and counties a one year extension to comply with laws and regulations requiring the development or amendment of their Shoreline Master Plan.  The Department of Ecology would only issue an extension if the department believes the local government will likely adopt or amend the master program within the additional year.  See companion SB 5474.

 

Details and Comments: http://www.washingtonvotes.org/Legislation.aspx?ID=49394

 

House Bill 1413 (Changing the definition of floodway in the shoreline management act.):

Introduced by Rep. Deborah Eddy on January 18, 2007, to redefine “floodway” as it pertains to the Shoreline Management Act.  The new definition would require floodways to be established in the Federal Emergency Management Act Flood Insurance Rate Map or Floodway Map.  Other data and information identifying past flooding may also be used.  See companion SB 5473.

 

Details and Comments: http://www.washingtonvotes.org /Legislation.aspx?ID=49395

 

House Bill 1453 (Directing the department of ecology to approve changes in the point of diversion under a water right.):

Introduced by Rep. Bill Grant on January 19, 2007, to authorize and direct the Department of Ecology to approve changes in the point of diversion under a water right from any point within a pool, or hydraulically connected groundwater to any other point within the same pool, or hydraulically connected groundwater.  The bill would also adopt a conclusive presumption that the changes do not impair any other water right and are in the public interest.

 

Details and Comments: http://www.washingtonvotes.org/Legislation.aspx?ID=49542

 

House Bill 1463 (Changing Washington's vesting laws.):

Introduced by Rep. Geoff Simpson on January 19, 2007, to make changes to state vesting laws.  The bill would also repeal existing laws pertaining to local project review development agreements.

 

Details and Comments: http://www.washingtonvotes.org/Legislation.aspx?ID=49552

 

Senate Bill 5449 (Authorizing voluntary environmental management and incentive zone plans for subareas.):

Introduced by Sen. Dan Swecker on January 19, 2007, to allow cities and counties to create management and incentive programs for volunteers to protect the environment. The bill also allocates $1 million to the Department of Community, Trade and Economic Development to implement this act .

 

Details and Comments: http://www.washingtonvotes.org/Legislation.aspx?ID=49487

 

Senate Bill 5473 (Changing the definition of floodway in the shoreline management act.):

Introduced by Sen. Eric Oemig on January 19, 2007, to redefine “floodway” as it pertains to the Shoreline Management Act.  The new definition would require floodways to be established in the Federal Emergency Management Act Flood Insurance Rate Map or Floodway Map.  Other data and information identifying past flooding may also be used.  See companion HB 1413.

 

Details and Comments: http://www.washingtonvotes.org/Legislation.aspx?ID=49511

 

Senate Bill 5474 (Providing for a one-year extension for shoreline master program updates in RCW 90.58.080.):

Introduced by Sen. Eric Oemig on January 19, 2007, to allow cities and counties a one year extension to comply with laws and regulations requiring the development or amendment of their Shoreline Master Plan.  The Department of Ecology would only issue an extension if the department believes the local government will likely adopt or amend the master program within the additional year. See companion HB 1412.

 

Details and Comments: http://www.washingtonvotes.org /Legislation.aspx?ID=49512