by Don C. Brunell
President, Association of
Washington Business

Sometimes, success in the Legislature is measured by what didnt happen. In 2007, it was a bill preventing Glacier Northwest a large cement, concrete and building materials supplier from expanding its sand and gravel operation on Maury Island, directly across the Puget Sound from Seattle-Tacoma International Airport.
The so-called Maury Island bill was left to die on the vine, despite the fact that Senate Democrats made it a go-home issue. In Olympia jargon, that means the Legislature cant adjourn until the bill passes. Thankfully, enough lawmakers said No way! Were out of here! and the bill expired in the waning hours of the session. It will be back in 2008.
Glacier Northwest is the largest supplier of ready-mixed concrete, sand, gravel, rock and cement in the Pacific Northwest. For nearly 30 years, Glacier operated a small sand and gravel operation on Maury Island. Ten years ago, the company announced plans to expand its operation. They planned to use barges to get the material off the island to supply western Washingtons booming construction market for homes, apartments, factories, office buildings and much-needed transportation projects. To transport material by barge they needed a docking facility.
Thats where battle lines were drawn.
Over the last decade, opponents of the project fought Glacier Northwests permit applications at every level and both sides filed lawsuits. So far, Glacier has prevailed. The state owns an aquatic reserve adjacent to Glaciers property, potentially affected by further development. After two years of public hearings and an environmental impact statement, state regulators concluded that plans for the reserve allow various uses including Glaciers dock so long as specified guidelines are followed. So, no problem. The company intends to follow the guidelines and the appropriate agencies will surely monitor developments.
In December, the National Marine Fisheries Service bolstered the companys case when it issued a letter concurring with the U.S. Army Corps of Engineers opinion that Glaciers proposed loading facility is not a threat to Puget Sounds endangered orcas.
Sen. Erik Poulsen, D-Seattle, who represents Vashon-Maury Island, is an opponent of the project. In the 2007 legislative session, he sponsored a bill establishing the Maury Aquatic Reserve, which forbids the Department of Natural Resources from authorizing a loading dock.
There are two major problems with this legislation.
First, Glacier Northwest followed all the rules, operated legally and got the required permits. Reversing what was legally decided through the detailed and deliberate permitting process sends the wrong signal to those who might want to invest in Washington.
Second, crippling Glaciers Maury operation will hit taxpayers where it really hurts in the wallet. Publicly financed construction projects are the biggest part of Glaciers business. The demand for sand, gravel and rock is outstripping the ability of companies like Glacier to supply it, so cutting the local supply of building materials will mean higher costs for public transportation and construction projects.
There are lots of examples of operations like these co-existing in residential and commercial areas. For example, there are sand and gravel operations in east Vancouver, in the midst of new shopping malls and housing developments where our two daughters and their families live. Those operations generally go unnoticed and are compatible with the surrounding environment.
For the Legislature to use its power to go after a single law-abiding company sets a disturbing precedent. To be globally competitive, Washington must have legal and regulatory processes that are streamlined and conclusive. In the Maury Island case, the process has been lengthy, but conclusive. The Legislature should abide by that conclusion.
Today, its Glacier Northwest in the Legislatures crosshairs. Tomorrow, it might be your company.