AN ACT Relating to forest practices; amending RCW 76.09.030, 76.09.060, and 76.09.040; adding new sections to chapter 76.09 RCW; creating a new section; repealing RCW 76.09.200; and making an appropriation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. (1) The legislature hereby finds and declares that the forest practices conducted on forest lands may have significant impacts on the public resources and values set forth in RCW 76.09.010;

(2) In recognition of the impacts of forest practices on the resources of the state, the legislature finds and declares it to be in the public interest that the laws and forest practice regulations of the state be administered and enforced in an effective manner so as to protect the public resources and values as set forth in RCW 76.09.010;

(3) In further recognition of these impacts, the legislature finds and declares it to be in the public interest that the forest practices board of the state of Washington created in RCW 76.09.030 and charged with promulgating forest practice regulations by RCW 76.09.040 consist of persons possessing expertise and knowledge of the resources affected by forest practices, persons representing economic interests in the forest products industry, and persons having other interests in the forest lands of the state which are not of a direct economic nature.

Sec. 2. Section 3, chapter 137, Laws of 1974 ex. sess. as last amended by section 108, chapter 287, Laws of 1984 and RCW 76.09.030 are each amended to read as follows:

(1) There is hereby created the forest practices board of the state of Washington as an agency of state government consisting of members as follows:

(a) The commissioner of public lands or ((~~his~~)) the commissioner's designee;

(b) The director of the department of ((~~commerce and economic development or his~~)) fisheries or the director's designee;

(d) The director of the department of ecology or ((~~his~~)) the director's designee;

(e) An elected member of a county legislative authority appointed by the governor: PROVIDED, That such member's service on the board shall be conditioned on ((~~his~~)) the member's continued service as an elected county official; and

(f) Six members of the general public appointed by the governor, ((~~one of whom shall be an owner of not more than five hundred acres of forest land, and one of whom shall be an independent logging contractor~~)) three of whom shall have a financial interest in, or be employed by, the forest products industry, and three of whom shall represent the public interest in the protection of the state's public resources and shall have no direct financial interest in the forest products industry: PROVIDED, That members of the general public serving on the board on the effective date of this 1985 act shall be allowed to complete their current term of service.

(2) The members of the initial board appointed by the governor shall be appointed so that the term of one member shall expire December 31, 1975, the term of one member shall expire December 31, 1976, the term of one member shall expire December 31, 1977, the terms of two members shall expire December 31, 1978, and the terms of two members shall expire December 31, 1979. Thereafter, each member shall be appointed for a term of four years. Vacancies on the board shall be filled in the same manner as the original appointments. Each member of the board shall continue in office until ((~~his~~)) the member's successor is appointed and qualified. The commissioner of public lands or ((~~his~~)) the commissioner's designee shall be the chairman of the board.

(3) The board shall meet at such times and places as shall be designated by the chairman or upon the written request of the majority of the board. The principal office of the board shall be at the state capital.

(4) Members of the board, except public employees and elected officials, shall be compensated in accordance with RCW 43.03.240 and in addition they shall be entitled to reimbursement for travel expenses incurred in the performance of their duties as provided in RCW 43.03.050 and 43.03.060.

(5) The board may employ such clerical help and staff pursuant to chapter 41.06 RCW as is necessary to carry out its duties.

NEW SECTION. Sec. 3. A new section is added to chapter 76.09 RCW to read as follows:

(1) There is hereby created a forest practices interagency assistance team consisting of the following members:

(a) A geotechnical engineer, or full-time equivalent thereof, employed and designated by the department of natural resources;

(b) A biologist, or full-time equivalent thereof, employed and designated by the department of fisheries;

(d) A geohydrologist, or full-time equivalent thereof, employed and designated by the department of ecology.

(2) The forest practices interagency assistance team shall review all applications which are or may be class IV forest practices having a potential for substantial impact on the environment. In addition they may establish procedures to review any other applications which they determine could have impacts on public resources or the environment. The assistance team shall also review any application at the request of any member of the forest practices board, any of the resource departments as named in subsection (1) of this section, or any county. The team shall address the potential environmental and public resource impacts for each application selected or requested for review. The team may perform any on-site investigations they deem necessary for their review. With respect to each application reviewed, the team shall prepare written site-specific recommendations for approval, with specified conditions, or denial of the application. The team's recommendations shall be based on potential impacts of the practices proposed in each application on the public resources of the state and other values specified in RCW 76.09.010 as well as the potential cumulative impacts of practices proposed in light of previous forest practices in the vicinity of the area for which the application is submitted. Such potential impacts forming the basis for the team's recommendations shall be identified in writing and submitted along with its written recommendations. The department of natural resources shall adopt the recommendations of the team or provide written reasons to the board why the recommendations are not necessary to protect public resources or other values set forth in RCW 76.09.010. Any conditions specified by the team for approval of a forest practice application shall be incorporated as conditions to any approval issued by the department unless the department has provided written objections as set forth in this subsection.

(3) Review by the team shall be completed within the applicable time limit for approval or disapproval of the forest practice application, but if the forest practices interagency assistance team deems it necessary to inspect the forest lands subject to the application, it shall provide written notification of this fact to the applicant within the applicable time period, and the time limit within which review and inspection must be accomplished shall then be extended an additional forty-five days.

(4) With respect to all environmental and public resource impacts associated with the forest practice applications for which the forest practices interagency assistance team has made recommendations, the team may, in its discretion, assist the department of natural resources in its compliance monitoring activities and recommend to the department any enforcement actions it deems necessary to protect the public resources and other values set forth in RCW 76.09.010. Such recommendations shall be provided to the department in writing and contain an identification of the specific public resources or other values which the team deems the recommendations necessary to protect. The department shall undertake such enforcement actions unless it provides written reasons to the board why such actions are not necessary to protect the public resources or other values specified in the recommendation.

(5) The forest practices board shall contract with the affected resource agencies for the services of the designated members of the forest practices interagency assistance team.

NEW SECTION. Sec. 4. A new section is added to chapter 76.09 RCW to read as follows:

(1) The forest practices board shall promulgate regulations to establish a forest practices permit application fee schedule. The fee schedule established by the board shall be designed to fully support the activities of the department in processing and reviewing forest practice applications.

(2) All fees collected pursuant to this section shall be deposited in the general fund of the state treasury.

Sec. 5. Section 6, chapter 137, Laws of 1974 ex. sess. as amended by section 3, chapter 200, Laws of 1975 1st ex. sess. and RCW 76.09.060 are each amended to read as follows:

(1) The department shall prescribe the form and contents of the notification and application. The forest practices regulations shall specify by whom and under what conditions the notification and application shall be signed. The application or notification shall be delivered in person or sent by certified mail to the department. The information required may include, but shall not be limited to:

(a) Name and address of the forest land owner, timber owner, and operator;

(b) Description of the proposed forest practice or practices to be conducted;

(d) Planimetric and topographic maps showing location and size of all lakes and streams and other public waters in and immediately adjacent to the operating area and showing all existing and proposed roads and major tractor roads;

(e) Description of the silvicultural, harvesting, or other forest practice methods to be used, including the type of equipment to be used and materials to be applied;

(f) Proposed plan for reforestation and for any revegetation necessary to reduce erosion potential from roadsides and yarding roads, as required by the forest practices regulations;

(g) Soil, geological, and hydrological data with respect to forest practices;

(h) The expected dates of commencement and completion of all forest practices specified in the application;

(i) Provisions for continuing maintenance of roads and other construction or other measures necessary to afford protection to public resources; and

(j) An affirmation that the statements contained in the notification or application are true.

(2) ((At the option of the applicant, the application or notification may be submitted to cover a single forest practice or any number of forest practices within reasonable geographic or political boundaries as specified by the department.)) Long range plans may be submitted to the department for review and consultation.

(3) The application shall indicate whether any land covered by the application will be converted or is intended to be converted to a use other than commercial timber production within three years after completion of the forest practices described in it.

(a) If the application states that any such land will be or is intended to be so converted:

(i) The reforestation requirements of this chapter and of the forest practices regulations shall not apply if the land is in fact so converted unless applicable alternatives or limitations are provided in forest practices regulations issued under RCW 76.09.070 as now or hereafter amended;

(ii) Completion of such forest practice operations shall be deemed conversion of the lands to another use for purposes of chapters 84.28, 84.33, and 84.34 RCW unless the conversion is to a use permitted under a current use tax agreement permitted under chapter 84.34 RCW;

(iii) The forest practices described in the application are subject to applicable county, city and regional governmental authority permitted under RCW 76.09.240 as now or hereafter amended as well as the forest practices regulations.

(b) If the application does not state that any land covered by the application will be or is intended to be so converted:

(i) For six years after the date of the application the county or city and regional governmental entities may deny any or all applications for permits or approvals, including building permits and subdivision approvals, relating to nonforestry uses of land subject to the application;

(ii) Failure to comply with the reforestation requirements contained in any final order or decision shall constitute a removal from classification under the provisions of RCW 84.28.065, a removal of designation under the provisions of RCW 84.33.140, and a change of use under the provisions of RCW 84.34.080, and, if applicable, shall subject such lands to the payments and/or penalties resulting from such removals or changes; and

(iii) Conversion to a use other than commercial timber operations within three years after completion of the forest practices without the consent of the county or municipality shall constitute a violation of each of the county, municipal and regional authorities to which the forest practice operations would have been subject if the application had so stated.

(c) The application shall be either signed by the land owner or accompanied by a statement signed by the land owner indicating ((~~his~~)) the land owner's intent with respect to conversion and acknowledging that ((he)) the land owner is familiar with the effects of this subsection.

(4) Whenever an approved application authorizes a forest practice which, because of soil condition, proximity to a water course or other unusual factor, has a potential for causing material damage to a public resource, as determined by the department, the applicant shall, when requested on the approved application, notify the department two days before the commencement of actual operations.

(5) Before the operator commences any forest practice in a manner or to an extent significantly different from that described in a previously approved application or notification, there shall be submitted to the department a new application or notification form in the manner set forth in this section.

(6) The notification to or the approval given by the department to an application to conduct a forest practice shall be effective for a term of one year from the date of approval or notification and shall not be renewed unless a new application is filed and approved or a new notification has been filed.

(7) Notwithstanding any other provision of this section, no prior application or notification shall be required for any emergency forest practice necessitated by fire, flood, windstorm, earthquake, or other emergency as defined by the board, but the operator shall submit an application or notification, whichever is applicable, to the department within forty-eight hours after commencement of such practice.

Sec. 6. Section 4, chapter 137, Laws of 1974 ex. sess. and RCW 76.09.040 are each amended to read as follows:

(1) Where necessary to accomplish the purposes and policies stated in RCW 76.09.010, and to implement the provisions of this chapter, the board shall promulgate forest practices regulations establishing minimum standards for forest practices and setting forth necessary administrative provisions, pursuant to chapter 34.04 RCW and in accordance with the procedures enumerated in this section ((~~and RCW 76.09.200~~)). Forest practices regulations pertaining to water quality protection shall be promulgated individually by the board and by the department of ecology after they have reached agreement with respect thereto. All other forest practices regulations shall be promulgated by the board.

Forest practices regulations shall be administered and enforced by the department except as otherwise provided in this chapter. Such regulations shall be promulgated and administered so as to give consideration to all purposes and policies set forth in RCW 76.09.010.

(2) The board shall prepare proposed forest practices regulations. In addition to any forest practices regulations relating to water quality protection proposed by the board, the department of ecology shall prepare proposed forest practices regulations relating to water quality protection.

Prior to initiating the rule making process, the proposed regulations shall be submitted for review and comments to the department of fisheries, the department of game, and to the counties of the state. After receipt of the proposed forest practices regulations, the departments of fisheries and game and the counties of the state shall have thirty days in which to review and submit comments to the board, and to the department of ecology with respect to its proposed regulations relating to water quality protection. After the expiration of such thirty day period the board and the department of ecology shall jointly hold one or more hearings on the proposed regulations pursuant to chapter 34.04 RCW. At such hearing(s) any county may propose specific forest practices regulations relating to problems existing within such county. The board and the department of ecology may adopt such proposals if they find the proposals are consistent with the purposes and policies of this chapter.

NEW SECTION. Sec. 7. Section 20, chapter 137, Laws of 1974 ex. sess. and RCW 76.09.200 are each repealed.

NEW SECTION. Sec. 8. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 9. There is appropriated to the forest practices board from the general fund for the biennium ending June 30, 1987, the sum of three hundred sixty thousand dollars, or so much thereof as may be necessary, to provide for the interagency assistance team described in section 3 of this act including travel associated with on-site inspections.