CAPR NEWS

THE MONTHLY NEWSLETTER FROM CITIZENS’ ALLIANCE FOR PROPERTY RIGHTS
December, 2008

Puget Sound Partnership Releases Its “Action Agenda”

The Puget Sound Partnership (PSP) released its initial Action Agenda on December 1st of this year. Whether the Agenda is “much awaited”, as characterized by the media, or “much dreaded”, as it is by those opposed to government central planning, will be up to the individual.

What. PSP is a large (in terms of dollars) and powerful new agency which was created by Governor Gregiore and the last legislature. Its charge is to coordinate the clean-up of Puget Sound. It will do so generally by being the funding agent for Sound clean-up activities. Funding will be dispersed mostly to government agencies but also to non-governmental organizations, mostly environmental organizations. Apparently, 60 water quality regulations and $700 million are not enough to protect Puget Sound .

Why. PSP characterizes the Sound as “unhealthy” which will be news to many. Conspicuous in its absence from the PSP website [www.psp.wa.gov/] is any kind of “science” section which tells how and where the Sound is damaged. The science available must be requested from PSP. There certainly are environmental issues that need to be dealt with, and sooner rather than later. Over a billion gallons of sewage and untreated storm water [dnr.metrokc.gov/wtd/cso/library.htm] are released into the Sound every year by urban sewage treatment systems, a problem which has been quietly ignored by environmentalists and governments. But for now, we are expected to have faith that the problems are significant enough to require a new mega-agency.

The Plan. The Action Agenda [www.psp.wa.gov/downloads/ACTION_AGENDA_2008/Action_Agenda.pdf] is the initial blueprint for actions that PSP plans to promote. The Agenda is huge. Not in the number of pages in the document but in the implications of its proposals. Generally, the Agenda at this point is vague. It includes everything from nuts and bolts items like coordinating agencies to broad statements such as the “purchase high value habitat and land…”. Many of the “action items” have implications well beyond the items themselves. One of the goals for PSP is to coordinate and streamline sound clean-up activities and to provide funding for those activities. Given the scope of the plan, however, it is just as likely that it will snowball out of control in terms of cost and effectiveness.

The Agenda has broader “Action Items” and “Near Term Action Items”. A major criticism of the plan is that it doesn’t do enough to prioritize actions. For instance, the sewage releases, or “combined sewer overflows” in government parlance, that were noted earlier are far and away the most important problem for the Sound. Imagine what an uproar it would cause if a cruise ship line dumped that much waste water into the Sound. The company would be massively fined, the ship captains jailed and the press would call it an environmental disaster. But yet, it is just another item in the Agenda.

The Cost. In a word, huge. It was put forth earlier that up to five billion dollars in additional funding might be spent over time but this amount would just barely scratch the surface. Bringing urban wastewater systems up to even a secondary treatment level will require that much or more. And the plan calls for water purity that would require tertiary treatment to remove pharmaceuticals and other chemicals.

The magnitude of the Agenda means that much of it will not get funded. Directly, at least. $50 billion dollars (a not-so-wild guess) will never be available in a state that thinks spends money like Washington does. The bigger worry is the indirect costs that will hit the taxpayers without them understanding the magnitude. The plan anticipates such things as a “flush tax” on water usage, fees for impervious surfaces (your driveway and roof), additional impact fees on housing to fund habitat acquisition and the list goes on. With Washington already on the top ten list of the most heavily taxed states, these new “taxes” will be another burden on the average citizen.

Effect on Property Rights. It is a little hard to say at this point in the process. If you believe that the Sound has problems which need your money (money is property remember) and policies are implemented equitably, this could proceed just fine. On the other hand, if you gauge this on the basis of the implementation of the Growth Management Act (GMA) which has been roundly abused, the Agenda may be an absolute nightmare. The plan freely promotes policies that were spawned by GMA. For instance, the so-called “Smart Growth” which has devalued rural properties and is ruining Seattle neighborhoods is front and center. So to is the hoax known as “transfers of development rights”, and the list goes on. As in all things government, the devil is in the details. The Agenda however goes a long way in suggesting policies which will lead to bad details.

What to Do. CAPR is very concerned about PSP. Some of the things that may need to be fought are already being fought in King and Jefferson counties. CAPR will make challenges as financial resources and time allow. Since many of these will be in court, it is imperative that we all support and vote for fair judges who use the constitutions as their guidance. And if you have the resources, consider a tax deductible donation to the CAPR Legal Fund.

Future File

Supreme Court Review of Appeals Court Ruling

We still await a decision by the Washington Supreme Court as to whether it will take up King County ’s request for review of the Appeals Court decision which declared the parts of the County’s Clearing and Grading Ordinance to be illegal. Brian Hodges of Pacific Legal Foundation reports the high court’s decision may come as late as March of 2009. The Court allowed both Futurewise and the Center for Environmental Law and Policy (CELP) to file amicus briefs 90 days after the normal deadline but Hodges notes that they are of poor quality and give him an opportunity to file an additional brief to bolster our case. So then, a tip of the hat goes to Futurewise and CELP! Given Hodge’s record of late, one would think that they might have kept their heads down.

Odds and Ends

Horse Boarding Exemption Update

Previously we wrote that King Co. horse boarding operations were at risk of losing their agricultural tax exemptions for not complying with the exact letter of State law. King County ’s stance was that the state Department of Revenue (DOR) was forcing the county to “comply”. However, state sources have said that the issue was instigated by the County. This stirred up a lot of angry citizens. DOR quickly responded by scheduling two public hearings and within one day after the first meeting told all county assessors to put a hold on enforcement. DOR is due to publish an emergency order by the end of the year and things are leaning towards allowing boarding as an agricultural activity. It may take a change in the law by the legislature to finally settle the issue, but that is also looking positive for boarders. Also, the King Co. Council has passed a non-binding resolution supporting horse boarding.

Donate to CAPR Online

You can now donate to CAPR online. Go to www.capr.us (same as proprights.org) and click on the DONATE tab. Even as a volunteer organization, the level of funding available determines what we can accomplish in the fight to preserve and protect property rights. Help us help you. Donate!

Matching Contributions

If you work for a company, which adds matching funds to charitable contributions, remember the CAPR Legal Fund. All donations to the Legal Fund are tax deductible and the additional contribution by your employer makes leverages your contribution towards protecting your property rights.

CAPR Meeting Schedule

The next meeting of the King Co. chapter of CAPR will be held at 7:00 PM, Thursday, January 8th. The meeting site is the IHOP restaurant located at 1433 NW Sammamish Rd. in Issaquah. Consider coming early for dinner and conversation.

Jeff Wright
Secretary, CAPR
E-mail: jeff@capr.us

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