BILL REQ. #:  H-4071.2 

Read first time 01/16/08.   Referred to Committee on Ecology & Parks.

     AN ACT Relating to preventing air and water pollution through urban forestry partnerships; amending RCW 76.15.020, 35.92.390, 35A.80.040, 80.28.300, 36.70A.280, 76.15.010, 89.08.520, and 79.105.150; reenacting and amending RCW 43.155.070, 70.146.070, and 79A.15.040; adding a new section to chapter 76.15 RCW; adding a new section to chapter 36.01 RCW; adding a new section to chapter 54.16 RCW; adding a new section to chapter 80.28 RCW; adding a new chapter to Title 35 RCW; creating a new section; and providing an expiration date.

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

NEW SECTION.  Sec. 1   (1)(a) The legislature finds that pollution from storm water runoff is a leading source of pollution in Puget Sound and in important water bodies in eastern Washington like the Columbia river. The decisions and actions of those living in adjacent communities impact the health of these water bodies. The loss of native and mature naturalized trees in urban areas throughout the region has contributed significantly to storm water and flooding problems in the region.
     (b) The legislature further finds that the preservation and enhancement of city trees and urban and community forests are one of the most cost-effective ways to protect and improve water quality, air quality, human well-being, and our quality of life.
     (c) Appropriate selection, siting, and installation of trees can reduce heating and cooling energy costs and related greenhouse gases emissions. Managing urban trees, planting additional trees, and restoring the functionality of forests on public lands can reduce the amount of pollutants in our communities, reduce utility infrastructure damage, and reduce flooding caused by major storm events that can cost the state economy millions of dollars a day.
     (d) The legislature further finds that there are innovative urban forest management programs and partnerships led by many cities across the state. However, there is no statewide inventory or assessment of our community and urban forests. Few cities have clear goals and standards for their urban forests. About twelve percent of Washington's cities have urban forest management plans and less than half of Washington's communities have tree ordinances. Many communities report the need for better enforcement.
     (2) It is the intent of the legislature to recognize and support city efforts to conserve, protect, improve, and expand Washington's urban forest in order to reduce storm water pollution in Puget Sound, flooding, energy consumption and greenhouse gases emissions, air pollution, and storm impacts to utility infrastructure. The legislature also intends to create a foundation for emerging carbon market revenues to subsidize Washington's urban and community forests.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Community and urban forest assessment" means an analysis of the community and urban forest inventory to establish the scope and scale of forest-related benefits and services, the economic valuation of such benefits, highlight trends and issues of concern, identify high priority areas to be addressed, outline strategies for addressing the critical issues and urban landscapes, and identify opportunities for retaining trees, expanding forest canopy, and planting additional trees to sustain Washington's urban and community forests.
     (2) "Community and urban forest inventory" means a management tool designed to gauge the condition, management status, health, and diversity of a community and urban forest. An inventory may evaluate individual trees or groups of trees or canopy cover within community and urban forests, and will be periodically updated by the department of natural resources.
     (3) "Department" means the department of community, trade, and economic development.
     (4) "Evergreen cities ordinances" means ordinances adopted by the legislative body of a city, town, or county, or other political subdivision of the state that relate to urban forests and are consistent with the performance standards adopted by the department under section 8 of this act.
     (5) "Public forest" means urban forests owned by the state, city, county, or other public entity within or adjacent to the urban growth areas.
     (6) "Reforestation" means establishing and maintaining trees and urban forest canopy in plantable spaces such as street rights-of-way, transportation corridors, urban interchanges and highways, riparian areas, unstable slopes, shorelines, public lands, and property of willing private land owners.
     (7) "Tree canopy" means the layer of leaves, branches, and stems of trees that cover the ground when viewed from above and that can be measured as a percentage of a city's land area shaded by trees.
     (8) "Urban forest" has the same definition as provided for the term "community and urban forest" in RCW 76.15.010.

Sec. 3   RCW 76.15.020 and 1991 c 179 s 4 are each amended to read as follows:
     (1) The department ((may)) shall establish and maintain a program in community and urban forestry to accomplish the purpose stated in RCW 76.15.007. The department may assist municipalities and counties in establishing and maintaining community and urban forestry programs and encourage persons to engage in appropriate and improved tree management and care.
     (2) The department ((may)) shall advise, encourage, and assist municipalities, counties, and other public and private entities in the development and coordination of policies, programs, and activities for the promotion of community and urban forestry.
     (3) The department ((may)) shall appoint a committee or council to advise the department in establishing and carrying out a program in community and urban forestry.
     (4) The department ((may)) shall assist municipal and county tree maintenance programs by making surplus equipment available on loan where feasible for community and urban forestry programs and cooperative projects.
     (5)(a) The commissioner of public lands shall utilize the evergreen cities partnership task force established in section 13 of this act to advise the department in the development of uniform criteria for a statewide community and urban forest inventory and assessment.
     (b) The criteria established for a statewide community and urban forest inventory shall be consistent with emerging urban forest reporting protocols being developed for registering and reporting urban forest baselines for carbon market offset credits. Criteria must also be developed concurrent to and consistent with performance standards established by the department of community, trade, and economic development in section 8 of this act.
     (c) The criteria for a statewide community and urban forest inventory may include but not be limited to: Tree size, species, location, condition and health, contribution to canopy cover and volume, available planting spaces, and ecosystem, economic, social, and monetary value.
     (6) The department shall, in collaboration with municipalities, the evergreen cities partnership task force established in section 13 of this act, and a statewide organization representing urban and community forestry programs, develop the implementation plan for the inventory and assessment of the community and urban forests in Washington.
     (7) The department shall, in collaboration with educational institutions, municipalities, corporations, state and national service organizations, and environmental organizations, conduct a statewide inventory of community and urban forests. For purposes of efficiency, existing data and current inventory technologies must be utilized in the development of this inventory. Statewide data must be maintained and periodically updated by the department and made available to every municipality.
     (8) The department shall, in collaboration with a statewide organization representing urban and community forestry programs, and with the evergreen cities partnership task force established in section 13 of this act, conduct an urban forest assessment and develop recommendations to the appropriate committees of the legislature to improve community and urban forestry in Washington.
     (9) The inventory and assessment must be designed to facilitate the adoption and implementation of evergreen cities management plans and ordinances described in sections 9, 10, and 11 of this act.
     (10) The inventory and assessment prepared under this section must be designed to enable Washington's local governments and large urban forest land managers to be eligible to sell additional tree installations as carbon offset credits in emerging carbon trading markets.
     (11) The inventory and assessment prepared under this section must be completed by June 1, 2010. Any rules relating to community and urban forests may be amended if deemed necessary by the board of natural resources to implement this section.

NEW SECTION.  Sec. 4   A new section is added to chapter 76.15 RCW to read as follows:
     The department may only provide grants or other forms of financial aid to cities or towns under this chapter if the city or town is in compliance with sections 9, 10, and 11 of this act.

NEW SECTION.  Sec. 5   The department shall, in the implementation of this chapter, strive to coordinate with the department of natural resources whenever appropriate.

NEW SECTION.  Sec. 6   The department shall develop an evergreen cities recognition program whereby the department, the governor, and a statewide council representing urban and community forestry programs authorized under RCW 76.15.020 establish criteria for official state recognition and designation of evergreen cities. The criteria must identify local jurisdictions that meet or exceed the performance standards in section 8 of this act and exceed those standards necessary for "tree city USA" designation. The department may develop an evergreen cities logo and signage for designated evergreen cities' gateway signage.

NEW SECTION.  Sec. 7   (1) The department shall, with any funds available in the evergreen cities support account created in section 16 of this act, coordinate with the department of natural resources in the development and implementation of both a needs-based evergreen cities grant program and a competitive award program to provide financial assistance to cities, towns, and counties for the development, adoption, and implementation of evergreen cities management plans or ordinances adopted under sections 9, 10, and 11 of this act.
     (2) The grant program authorized in this section must be administered by the department in both a needs-based and in a competitive manner. This will address both goals of rewarding innovation by successful evergreen cities and of providing resources and assistance to the applicants with the greatest financial need.
     (3) The department may only provide grants to cities, towns, or counties under this chapter if the local government is in compliance with sections 9, 10, and 11 of this act.
     (4) Prior to receiving a grant under this section, a city, town, or county must demonstrate that:
     (a) It has developed partnerships with local not-for-profit organizations that contribute to urban forest or habitat expertise, education programs, or volunteers; and
     (b) It is prepared to match any grant funding with an equal amount of local funding or in-kind contributions.
     (5) Grant criteria developed to implement this section must be developed jointly by the department and the department of natural resources.

NEW SECTION.  Sec. 8   (1) The department shall adopt rules for urban forest and urban forest management performance standards with clearly stated, measurable goals and timelines to guide local government plan and ordinance development under sections 9, 10, and 11 of this act.
     (2) Performance standards adopted under this section must recognize ecoregional differences in the state.
     (3) Performance standards adopted under this section must recognize and provide flexibility for the diversity of urban character and relative differences in density and zoning found in Washington's towns, cities, and counties.
     (4) In developing performance standards under this section, the department must strive for clarity in the statement of the standards.
     (5) All performance standards adopted by the department must be developed in conjunction with the evergreen cities partnership task force created in section 13 of this act.
     (6) After the initial adoption of performance standards under this section, the department may, in conjunction with the department of natural resources, develop and distribute to cities representations of ecoregionally appropriate evergreen cities management plans, ordinances, and best management practices that local jurisdictions may choose to utilize to meet the requirements of this act.
     (7) Initial rules under this section must be adopted by June 1, 2010. The rules may be amended as deemed necessary by the department.

NEW SECTION.  Sec. 9   (1) All cities or towns with a population greater than five thousand that are required to adopt a comprehensive land use plan under chapter 36.70A RCW shall, at the time of plan updates required by chapter 36.70A RCW, adopt an evergreen cities forest management plan consistent with this section and performance standards developed in section 8 of this act.
     (2) Management plans developed under this section must be based on urban forest inventories for the jurisdiction covered by the management plan. The city or town developing the management plan may rely solely on inventories developed, commissioned, or approved by the department of natural resources.
     (3) All cities or towns not included in subsection (1) of this section are encouraged to develop and implement an evergreen cities management plan consistent with this section.
     (4) All evergreen cities management plans must contain, but are not limited to, the following elements:
     (a) Inventory and assessment of the jurisdiction's urban and community forests utilized as a dynamic management tool to set goals, implement programs, and monitor outcomes;
     (b) Canopy cover goals and, if possible, plans for reforestation and tree canopy expansion within the jurisdiction's boundaries;
     (c) Plans for restoration of public forests;
     (d) Plans to achieve forest, storm water, and environmental health goals;
     (e) Plans to meet utility safety and reliability goals;
     (f) Prioritized planting sites;
     (g) Standards for tree selection, siting, planting, and pruning;
     (h) Scheduled maintenance and stewardship for new and established trees;
     (i) Staff and volunteer training requirements emphasizing appropriate expertise and professionalism;
     (j) Guidelines for protecting existing trees from construction-related damage and damage related to preserving territorial views;
     (k) Integrated disease and pest management plans;
     (l) Wood waste utilization;
     (m) Plans for community outreach, participation, education programs, and partnerships with nongovernment organizations;
     (n) Time frames for achieving plan goals, objectives, and tasks;
     (o) Plans for monitoring and measuring progress toward those goals; and
     (p) Plans for maximizing building heating and cooling energy efficiency through appropriate siting of trees for summer shading, passive solar heating in winter, and for wind breaks.
     (5) Cities may establish a local evergreen cities advisory board or utilize existing citizen boards focused on municipal tree issues to achieve appropriate expert and stakeholder participation in development of inventories, assessments, ordinances, and plans consistent with this chapter.
     (6) Cities shall invite the expert advice of utilities serving within their jurisdiction for the purpose of adopting appropriate plans for meeting utility safety and reliability requirements.

NEW SECTION.  Sec. 10   (1) No longer than two years after the adoption of an evergreen cities management plan as directed by section 9 of this act, cities or towns must adopt an evergreen cities ordinance consistent with sections 8 and 9 of this act.
     (2) Evergreen cities ordinances must contain, but not be limited to, the following policy elements:
     (a) Tree canopy cover, density, and spacing;
     (b) Tree conservation and retention;
     (c) Vegetated storm water runoff management using native trees and appropriate naturalized vegetation;
     (d) Clearing, grading, protection of native soils, reductions in soil compaction, and use of appropriate soils with low runoff potential and high infiltration rates;
     (e) Appropriate tree siting and maintenance to promote utility safety and reliability;
     (f) Native species and naturalized species diversity selection to reduce disease and pests in urban forests;
     (g) Tree maintenance;
     (h) Street tree installation and maintenance;
     (i) Tree and vegetation buffers for riparian areas, critical areas, transportation and utility corridors, and commercial and residential areas;
     (j) Tree assessments for new construction permitting;
     (k) Recommended forest conditions for different land use types;
     (l) Variances for hardship and safety; and
     (m) Permits and appeals.
     (3) In addition to the other requirements of this section, a city or town must adopt locally appropriate enforcement mechanisms and civil penalties for violations of their jurisdiction's evergreen city ordinance.
     (4) Ordinances adopted under this section may not prohibit or interfere with utility vegetation management practices undertaken to protect utility facilities and electric service reliability from trees that are encroaching upon or pose a hazard or threat to utility facilities under RCW 64.12.035.

NEW SECTION.  Sec. 11   A new section is added to chapter 36.01 RCW to read as follows:
     (1) Except as provided in subsection (2) of this section, all counties with a population greater than fifty thousand that are required to adopt a comprehensive land use plan under chapter 36.70A RCW shall adopt an evergreen cities ordinance, as that term is defined in section 2 of this act, which the county must apply to new building or land development in the unincorporated portions of the county's urban growth areas, as that term is defined in RCW 36.70A.030.
     (2) As an alternative to subsection (1) of this section, a county may apply to any new building or land development permit in the unincorporated portions of the urban growth areas, as defined in RCW 36.70A.030, the evergreen cities ordinance standards adopted under section 10 of this act by the city or town in the county located closest to the proposed building or development.

NEW SECTION.  Sec. 12   (1) Prior to the final adoption of an urban forest management plan or evergreen cities ordinance under sections 9, 10, and 11 of this act, the city, town, or county shall submit the plan and ordinance to the department for review and comment at least sixty days prior to its planned implementation date.
     (2) The department shall, together with the department of natural resources, review any evergreen cities ordinances or urban forest management plans submitted. When reviewing an ordinance or plan under this section, the department shall focus its review on the plan's compliance with this chapter and the performance standards adopted under section 8 of this act. Both departments may provide written comments on either plans or ordinances.
     (3) Together with the department of natural resources, the department may offer technical assistance in the development of evergreen cities ordinances and management plans.

NEW SECTION.  Sec. 13   (1) The director of the department shall, in consultation with the department of natural resources, assemble and convene the evergreen cities partnership task force of no more than twenty-five and no less than fifteen individuals to aid and advise the department in the administration of this chapter.
     (2) At the discretion of the department, the evergreen cities partnership task force may be disbanded upon completion of the urban and community forest inventory and assessment required in RCW 76.15.020 and after adoption of the evergreen cities performance standards established in section 8 of this act.
     (3) Representatives of the department of natural resources and the department of ecology must participate in the evergreen cities partnership task force.
     (4) The department shall invite individuals representing the following entities to serve on the task force:
     (a) A conservation organization with expertise in Puget Sound storm water management;
     (b) At least two cities, one from a city east and one from a city west of the Cascade mountains;
     (c) At least two counties, one from a county east and one from a county west of the Cascade mountains;
     (d) Two land development professionals or representative associations representing development professionals affected by tree retention ordinances and storm water management policies;
     (e) A statewide council representing urban and community forestry programs authorized under RCW 76.15.020;
     (f) A national conservation organization with a network of chapter volunteers working to conserve habitat for birds and wildlife;
     (g) A land trust conservation organization facilitating urban forest management partnerships;
     (h) A statewide organization advocating for interests of land-use management policies and growth management;
     (i) The United States forest service center for urban forest research;
     (j) A national conservation organization with expertise in backyard, schoolyard, and community wildlife habitat development;
     (k) A University of Washington school of forestry professor with expertise in the human dimensions of urban forestry;
     (l) A tree nursery representative or wholesale and retail plant supply organization;
     (m) A professional organization representing landscape architects;
     (n) A professional organization representing arborists;
     (o) A municipal forester;
     (p) A public works or private utilities representative;
     (q) An information technology specialist;
     (r) A national forest land trust exclusively dedicated to sustaining America's vast and vital private forests and safeguarding their many public benefits; and
     (s) Any other entity, profession, or organization with an expertise or viewpoint deemed beneficial by the director of the department to the products delivered by the task force.
     (5) The department is encouraged to recruit council members who are able to represent two or more of the stakeholder groups listed in subsection (4) of this section.
     (6) In assembling the task force, the director of the department shall strive to achieve representation from as many of the state's ecoregions as possible.
     (5) Each member of the task force shall serve without compensation. Task force members that are not state employees may be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060.

NEW SECTION.  Sec. 14   Nothing in this chapter may be construed to:
     (1) Conflict or supersede with any requirements, duties, or objectives placed on local governments under chapter 36.70A RCW; or
     (2) Apply to working agricultural or forest lands that are not being converted into new residential, commercial, or industrial land uses.

NEW SECTION.  Sec. 15   (1) The attorney general or any resident of a city, town, or county may appeal to the appropriate growth management hearings board created in RCW 36.70A.250 issues of local government compliance or noncompliance with evergreen cities management plan or ordinance adoptions as required by sections 9, 10, and 11 of this act.
     (2) The attorney general or any resident of the applicable city, town, or county may bring an action in the local district court to seek an injunction against any building or land development that is or will be in violation of the locally adopted evergreen cities ordinance or sections 9, 10, and 11 of this act.

NEW SECTION.  Sec. 16   (1) The evergreen cities support account is created in the state treasury. All receipts from voluntary donations received by the department pursuant to RCW 35.92.390, 35A.80.040, 80.28.300, and section 20 or 21 of this act, along with any transfers or appropriations made by the legislature, must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only by the department for evergreen city grants and grant administration as provided in section 7 of this act.
     (2) The legislature intends to match all donations received by utilities under RCW 35.92.390, 35A.80.040, 80.28.300, and section 20 or 21 of this act with an equal amount of funding for the evergreen cities support account from the general fund. To aid the legislature with this process, the office of financial management shall, when developing a budget request, include a provision that requests an amount equal to all donations reported to the department under RCW 35.92.390, 35A.80.040, 80.28.300, and section 20 or 21 of this act be appropriated into the evergreen cities support account from the general fund.
     (3) The department shall compile and make available to the office of financial management and the legislature total receipts of ratepayer urban forestry contributions reported by utilities under RCW 35.92.390, 35A.80.040, 80.28.300, and section 20 of this act.

Sec. 17   RCW 35.92.390 and 1993 c 204 s 2 are each amended to read as follows:
     (1) Municipal utilities under this chapter are encouraged to provide information to their customers regarding landscaping that includes tree planting for energy conservation.
     (2)(a) Municipal utilities under this chapter are encouraged to request voluntary donations from their customers for the purposes of urban forestry. The request may be in the form of a check-off on the billing statement or other form of request for a voluntary donation.
     (b) Voluntary donations collected by municipal utilities under this section may be used by the municipal utility to:
     (i) Support the development and implementation of evergreen cities ordinances, as that term is defined in section 2 of this act, for cities, towns, or counties within their service areas;
     (ii) Complete projects consistent with the urban forest performance standards developed under section 8 of this act; or
     (iii) Deposit into the evergreen cities support account created in section 16 of this act.
     (c) Municipal utilities shall annually report to the department of community, trade, and economic development the total amount of voluntary donations received under this section as well as whether the municipal utility provided a match for the donations received from their own available funds.

Sec. 18   RCW 35A.80.040 and 1993 c 204 s 3 are each amended to read as follows:
     (1) Code cities providing utility services under this chapter are encouraged to provide information to their customers regarding landscaping that includes tree planting for energy conservation.
     (2)(a) Code cities providing utility services under this chapter are encouraged to request voluntary donations from their customers for the purposes of urban forestry. The request may be in the form of a check-off on the billing statement or other form of a request for a voluntary donation.
     (b) Voluntary donations collected by code cities under this section may be used by the code city to:
     (i) Support the development and implementation of evergreen cities ordinances, as that term is defined in section 2 of this act, for cities, towns, or counties within their service areas;
     (ii) Complete projects consistent with the urban forest performance standards developed under section 8 of this act; or
     (iii) Deposit into the evergreen cities support account created in section 16 of this act.
     (c) Code cities shall annually report to the department of community, trade, and economic development the total amount of voluntary donations received under this section as well as whether the municipal utility provided a match for the donations received from their own available funds.

Sec. 19   RCW 80.28.300 and 1993 c 204 s 4 are each amended to read as follows:
     (1) Gas companies and electrical companies under this chapter ((may)) are encouraged to provide information to their customers regarding landscaping that includes tree planting for energy conservation.
     (2)(a) Gas companies and electrical companies under this chapter may request voluntary donations from their customers for the purposes of urban forestry. The request may be in the form of a check-off on the billing statement or other form of a request for a voluntary donation.
     (b) Voluntary donations collected by gas companies and electrical companies under this section may be used by the gas companies and electrical companies to:
     (i) Support the development and implementation of evergreen cities ordinances, as that term is defined in section 2 of this act, for cities, towns, or counties within their service areas;
     (ii) Complete projects consistent with the urban forest performance standards developed under section 8 of this act; or
     (iii) Deposit into the evergreen cities support account created in section 16 of this act.
     (c) Gas companies and electrical companies shall annually report to the department of community, trade, and economic development the total amount of voluntary donations received under this section as well as whether the municipal utility provided a match for the donations received from their own available funds.

NEW SECTION.  Sec. 20   A new section is added to chapter 54.16 RCW to read as follows:
     (1) Public utility districts may request voluntary donations from their customers for the purposes of urban forestry. The request may be in the form of a check-off on the billing statement or other form of a request for a voluntary donation.
     (2) Voluntary donations collected by public utility districts under this section may be used by the public utility district to:
     (a) Support the development and implementation of evergreen cities ordinances, as that term is defined in section 2 of this act, for cities, towns, or counties within their service areas;
     (b) Complete projects consistent with the urban forest performance standards developed under section 8 of this act; or
     (c) Deposit into the evergreen cities support account created in section 16 of this act.
     (3) Public utility districts shall annually report to the department of community, trade, and economic development the total amount of voluntary donations received under this section as well as whether the municipal utility provided a match for the donations received from their own available funds.

NEW SECTION.  Sec. 21   A new section is added to chapter 80.28 RCW to read as follows:
     The commission shall consider utilizing surcharges on utility rates to cover the expenses of utilities to implement the infrastructure reliability portion of evergreen cities plans and ordinances developed under sections 9 and 10 of this act. Any surcharges established must represent a recoverable cost for utilities and require utilities to demonstrate a net financial benefit to ratepayers, taxpayers, and Washington's economy. Any surcharges must be adequate to cover utilities infrastructure reliability management as well as to provide funds to the evergreen cities support account created in section 16 of this act.

Sec. 22   RCW 36.70A.280 and 2003 c 332 s 2 are each amended to read as follows:
     (1) A growth management hearings board shall hear and determine only those petitions alleging either:
     (a) That a state agency, county, or city planning under this chapter is not in compliance with the requirements of this chapter, chapter 90.58 RCW as it relates to the adoption of shoreline master programs or amendments thereto, or chapter 43.21C RCW as it relates to plans, development regulations, or amendments, adopted under RCW 36.70A.040 or chapter 90.58 RCW; ((or))
     (b) That a city, town, or county is not in compliance with chapter 35.-- RCW (sections 1, 2, 5 through 10, and 12 through 16 of this act); or
     (c) That the twenty-year growth management planning population projections adopted by the office of financial management pursuant to RCW 43.62.035 should be adjusted.
     (2) A petition may be filed only by: (a) The state, or a county or city that plans under this chapter; (b) a person who has participated orally or in writing before the county or city regarding the matter on which a review is being requested; (c) a person who is certified by the governor within sixty days of filing the request with the board; or (d) a person qualified pursuant to RCW 34.05.530.
     (3) For purposes of this section "person" means any individual, partnership, corporation, association, state agency, governmental subdivision or unit thereof, or public or private organization or entity of any character.
     (4) To establish participation standing under subsection (2)(b) of this section, a person must show that his or her participation before the county or city was reasonably related to the person's issue as presented to the board.
     (5) When considering a possible adjustment to a growth management planning population projection prepared by the office of financial management, a board shall consider the implications of any such adjustment to the population forecast for the entire state.
     The rationale for any adjustment that is adopted by a board must be documented and filed with the office of financial management within ten working days after adoption.
     If adjusted by a board, a county growth management planning population projection shall only be used for the planning purposes set forth in this chapter and shall be known as a "board adjusted population projection". None of these changes shall affect the official state and county population forecasts prepared by the office of financial management, which shall continue to be used for state budget and planning purposes.

Sec. 23   RCW 76.15.010 and 2000 c 11 s 15 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Community and urban forest" is that land in and around human settlements ranging from small communities to metropolitan areas, occupied or potentially occupied by trees and associated vegetation. Community and urban forest land may be planted or unplanted, used or unused, and includes public and private lands, lands along transportation and utility corridors, and forested watershed lands within populated areas.
     (2) "Community and urban forest assessment" has the same meaning as defined in section 2 of this act.
     (3) "Community and urban forest inventory" has the same meaning as defined in section 2 of this act.
     (4) "Community and urban forestry" means the planning, establishment, protection, care, and management of trees and associated plants individually, in small groups, or under forest conditions within municipalities and counties.
     (((3))) (5) "Department" means the department of natural resources.
     (((4))) (6) "Municipality" means a city, town, port district, public school district, community college district, irrigation district, weed control district, park district, or other political subdivision of the state.
     (((5))) (7) "Person" means an individual, partnership, private or public municipal corporation, Indian tribe, state entity, county or local governmental entity, or association of individuals of whatever nature.

NEW SECTION.  Sec. 24   (1) Cities or towns either required or opting to adopt an evergreen city ordinance under chapter 35.-- RCW (sections 1, 2, 5 through 10, and 12 through 16 of this act) are encouraged to identify community and urban forests within their applicable urban growth areas that are appropriately situated for the local government to assume ownership.
     (2) Cities or towns opting to provide a list of identified properties under this section must provide that list to the department of community, trade, and economic development by October 31, 2009.
     (3) This section expires July 31, 2010.

Sec. 25   RCW 43.155.070 and 2007 c 341 s 24 and 2007 c 231 s 2 are each reenacted and amended to read as follows:
     (1) To qualify for loans or pledges under this chapter the board must determine that a local government meets all of the following conditions:
     (a) The city or county must be imposing a tax under chapter 82.46 RCW at a rate of at least one-quarter of one percent;
     (b) The local government must have developed a capital facility plan; and
     (c) The local government must be using all local revenue sources which are reasonably available for funding public works, taking into consideration local employment and economic factors.
     (2) Except where necessary to address a public health need or substantial environmental degradation, a county, city, or town planning under RCW 36.70A.040 must have adopted a comprehensive plan, including a capital facilities plan element, and development regulations as required by RCW 36.70A.040. This subsection does not require any county, city, or town planning under RCW 36.70A.040 to adopt a comprehensive plan or development regulations before requesting or receiving a loan or loan guarantee under this chapter if such request is made before the expiration of the time periods specified in RCW 36.70A.040. A county, city, or town planning under RCW 36.70A.040 which has not adopted a comprehensive plan and development regulations within the time periods specified in RCW 36.70A.040 is not prohibited from receiving a loan or loan guarantee under this chapter if the comprehensive plan and development regulations are adopted as required by RCW 36.70A.040 before submitting a request for a loan or loan guarantee.
     (3) In considering awarding loans for public facilities to special districts requesting funding for a proposed facility located in a county, city, or town planning under RCW 36.70A.040, the board shall consider whether the county, city, or town planning under RCW 36.70A.040 in whose planning jurisdiction the proposed facility is located has adopted a comprehensive plan and development regulations as required by RCW 36.70A.040.
     (4) The board shall develop a priority process for public works projects as provided in this section. The intent of the priority process is to maximize the value of public works projects accomplished with assistance under this chapter. The board shall attempt to assure a geographical balance in assigning priorities to projects. The board shall consider at least the following factors in assigning a priority to a project:
     (a) Whether the local government receiving assistance has experienced severe fiscal distress resulting from natural disaster or emergency public works needs;
     (b) Except as otherwise conditioned by RCW 43.155.110, whether the entity receiving assistance is a Puget Sound partner, as defined in RCW 90.71.010;
     (c) Whether the project is referenced in the action agenda developed by the Puget Sound partnership under RCW 90.71.310;
     (d) Whether the project is critical in nature and would affect the health and safety of a great number of citizens;
     (e) Whether the applicant has developed and adhered to guidelines regarding its permitting process for those applying for development permits consistent with section 1(2), chapter 231, Laws of 2007;
     (f) The cost of the project compared to the size of the local government and amount of loan money available;
     (g) The number of communities served by or funding the project;
     (h) Whether the project is located in an area of high unemployment, compared to the average state unemployment;
     (i) Whether the project is the acquisition, expansion, improvement, or renovation by a local government of a public water system that is in violation of health and safety standards, including the cost of extending existing service to such a system;
     (j) Whether the entity receiving assistance has been recognized in the evergreen cities recognition program created in section 6 of this act;
     (k) The relative benefit of the project to the community, considering the present level of economic activity in the community and the existing local capacity to increase local economic activity in communities that have low economic growth; and
     (((k))) (l) Other criteria that the board considers advisable.
     (5) Existing debt or financial obligations of local governments shall not be refinanced under this chapter. Each local government applicant shall provide documentation of attempts to secure additional local or other sources of funding for each public works project for which financial assistance is sought under this chapter.
     (6) Before November 1st of each year, the board shall develop and submit to the appropriate fiscal committees of the senate and house of representatives a description of the loans made under RCW 43.155.065, 43.155.068, and subsection (9) of this section during the preceding fiscal year and a prioritized list of projects which are recommended for funding by the legislature, including one copy to the staff of each of the committees. The list shall include, but not be limited to, a description of each project and recommended financing, the terms and conditions of the loan or financial guarantee, the local government jurisdiction and unemployment rate, demonstration of the jurisdiction's critical need for the project and documentation of local funds being used to finance the public works project. The list shall also include measures of fiscal capacity for each jurisdiction recommended for financial assistance, compared to authorized limits and state averages, including local government sales taxes; real estate excise taxes; property taxes; and charges for or taxes on sewerage, water, garbage, and other utilities.
     (7) The board shall not sign contracts or otherwise financially obligate funds from the public works assistance account before the legislature has appropriated funds for a specific list of public works projects. The legislature may remove projects from the list recommended by the board. The legislature shall not change the order of the priorities recommended for funding by the board.
     (8) Subsection (7) of this section does not apply to loans made under RCW 43.155.065, 43.155.068, and subsection (9) of this section.
     (9) Loans made for the purpose of capital facilities plans shall be exempted from subsection (7) of this section.
     (10) To qualify for loans or pledges for solid waste or recycling facilities under this chapter, a city or county must demonstrate that the solid waste or recycling facility is consistent with and necessary to implement the comprehensive solid waste management plan adopted by the city or county under chapter 70.95 RCW.
     (11) After January 1, 2010, any project designed to address the effects of storm water or wastewater on Puget Sound may be funded under this section only if the project is not in conflict with the action agenda developed by the Puget Sound partnership under RCW 90.71.310.

Sec. 26   RCW 70.146.070 and 2007 c 341 s 60 and 2007 c 341 s 26 are each reenacted and amended to read as follows:
     (1) When making grants or loans for water pollution control facilities, the department shall consider the following:
     (a) The protection of water quality and public health;
     (b) The cost to residential ratepayers if they had to finance water pollution control facilities without state assistance;
     (c) Actions required under federal and state permits and compliance orders;
     (d) The level of local fiscal effort by residential ratepayers since 1972 in financing water pollution control facilities;
     (e) Except as otherwise conditioned by RCW 70.146.110, whether the entity receiving assistance is a Puget Sound partner, as defined in RCW 90.71.010;
     (f) Whether the project is referenced in the action agenda developed by the Puget Sound partnership under RCW 90.71.310;
     (g) Whether the project is sponsored by an entity that has been recognized in the evergreen cities recognition program created in section 6 of this act;
     (h) The extent to which the applicant county or city, or if the applicant is another public body, the extent to which the county or city in which the applicant public body is located, has established programs to mitigate nonpoint pollution of the surface or subterranean water sought to be protected by the water pollution control facility named in the application for state assistance; and
     (((h))) (i) The recommendations of the Puget Sound partnership, created in RCW 90.71.210, and any other board, council, commission, or group established by the legislature or a state agency to study water pollution control issues in the state.
     (2) Except where necessary to address a public health need or substantial environmental degradation, a county, city, or town planning under RCW 36.70A.040 may not receive a grant or loan for water pollution control facilities unless it has adopted a comprehensive plan, including a capital facilities plan element, and development regulations as required by RCW 36.70A.040. This subsection does not require any county, city, or town planning under RCW 36.70A.040 to adopt a comprehensive plan or development regulations before requesting or receiving a grant or loan under this chapter if such request is made before the expiration of the time periods specified in RCW 36.70A.040. A county, city, or town planning under RCW 36.70A.040 which has not adopted a comprehensive plan and development regulations within the time periods specified in RCW 36.70A.040 is not prohibited from receiving a grant or loan under this chapter if the comprehensive plan and development regulations are adopted as required by RCW 36.70A.040 before submitting a request for a grant or loan.
     (3) Whenever the department is considering awarding grants or loans for public facilities to special districts requesting funding for a proposed facility located in a county, city, or town planning under RCW 36.70A.040, it shall consider whether the county, city, or town planning under RCW 36.70A.040 in whose planning jurisdiction the proposed facility is located has adopted a comprehensive plan and development regulations as required by RCW 36.70A.040.
     (4) After January 1, 2010, any project designed to address the effects of water pollution on Puget Sound may be funded under this chapter only if the project is not in conflict with the action agenda developed by the Puget Sound partnership under RCW 90.71.310.

Sec. 27   RCW 89.08.520 and 2007 c 341 s 28 are each amended to read as follows:
     (1) In administering grant programs to improve water quality and protect habitat, the commission shall:
     (a) Require grant recipients to incorporate the environmental benefits of the project into their grant applications;
     (b) In its grant prioritization and selection process, consider:
     (i) The statement of environmental benefits;
     (ii) Whether, except as conditioned by RCW 89.08.580, the applicant is a Puget Sound partner, as defined in RCW 90.71.010, and whether the applicant is an entity that has been recognized in the evergreen cities recognition program created in section 6 of this act; and
     (iii) Whether the project is referenced in the action agenda developed by the Puget Sound partnership under RCW 90.71.310; and
     (c) Not provide funding, after January 1, 2010, for projects designed to address the restoration of Puget Sound that are in conflict with the action agenda developed by the Puget Sound partnership under RCW 90.71.310.
     (2)(a) The commission shall also develop appropriate outcome-focused performance measures to be used both for management and performance assessment of the grant program.
     (b) The commission shall work with the districts to develop uniform performance measures across participating districts and, to the extent possible, the commission should coordinate its performance measure system with other natural resource-related agencies as defined in RCW 43.41.270. The commission shall consult with affected interest groups in implementing this section.

Sec. 28   RCW 79.105.150 and 2007 c 341 s 32 are each amended to read as follows:
     (1) After deduction for management costs as provided in RCW 79.64.040 and payments to towns under RCW 79.115.150(2), all moneys received by the state from the sale or lease of state-owned aquatic lands and from the sale of valuable material from state-owned aquatic lands shall be deposited in the aquatic lands enhancement account which is hereby created in the state treasury. After appropriation, these funds shall be used solely for aquatic lands enhancement projects; for the purchase, improvement, or protection of aquatic lands for public purposes; for providing and improving access to the lands; and for volunteer cooperative fish and game projects.
     (2) In providing grants for aquatic lands enhancement projects, the ((interagency committee for outdoor)) recreation ((shall)) and conservation funding board must:
     (a) Require grant recipients to incorporate the environmental benefits of the project into their grant applications;
     (b) Utilize the statement of environmental benefits, consideration, except as provided in RCW 79.105.610, of whether the applicant is a Puget Sound partner, as defined in RCW 90.71.010, ((and)) whether a project is referenced in the action agenda developed by the Puget Sound partnership under RCW 90.71.310, and whether the applicant is an entity that has been recognized in the evergreen cities recognition program created in section 6 of this act in its prioritization and selection process; and
     (c) Develop appropriate outcome-focused performance measures to be used both for management and performance assessment of the grants.
     (3) To the extent possible, the department should coordinate its performance measure system with other natural resource-related agencies as defined in RCW 43.41.270.
     (4) The department shall consult with affected interest groups in implementing this section.
     (5) After January 1, 2010, any project designed to address the restoration of Puget Sound may be funded under this chapter only if the project is not in conflict with the action agenda developed by the Puget Sound partnership under RCW 90.71.310.

Sec. 29   RCW 79A.15.040 and 2007 c 341 s 34 and 2007 c 241 s 29 are each reenacted and amended to read as follows:
     (1) Moneys appropriated for this chapter to the habitat conservation account shall be distributed in the following way:
     (a) Not less than forty percent through June 30, 2011, at which time the amount shall become forty-five percent, for the acquisition and development of critical habitat;
     (b) Not less than thirty percent for the acquisition and development of natural areas;
     (c) Not less than twenty percent for the acquisition and development of urban wildlife habitat; and
     (d) Not less than ten percent through June 30, 2011, at which time the amount shall become five percent, shall be used by the board to fund restoration and enhancement projects on state lands. Only the department of natural resources and the department of fish and wildlife may apply for these funds to be used on existing habitat and natural area lands.
     (2)(a) In distributing these funds, the board retains discretion to meet the most pressing needs for critical habitat, natural areas, and urban wildlife habitat, and is not required to meet the percentages described in subsection (1) of this section in any one biennium.
     (b) If not enough project applications are submitted in a category within the habitat conservation account to meet the percentages described in subsection (1) of this section in any biennium, the board retains discretion to distribute any remaining funds to the other categories within the account.
     (3) Only state agencies may apply for acquisition and development funds for natural areas projects under subsection (1)(b) of this section.
     (4) State and local agencies may apply for acquisition and development funds for critical habitat and urban wildlife habitat projects under subsection (1)(a) and (c) of this section.
     (5)(a) Any lands that have been acquired with grants under this section by the department of fish and wildlife are subject to an amount in lieu of real property taxes and an additional amount for control of noxious weeds as determined by RCW 77.12.203.
     (b) Any lands that have been acquired with grants under this section by the department of natural resources are subject to payments in the amounts required under the provisions of RCW 79.70.130 and 79.71.130.
     (6)(((a))) Except as otherwise conditioned by RCW 79A.15.140, the ((committee)) board shall consider the following in determining distribution priority:
     (((i))) (a) Whether the entity applying for funding is a Puget Sound partner, as defined in RCW 90.71.010; ((and
     (ii))) (b) Whether the entity receiving assistance has been recognized in the evergreen cities recognition program created in section 6 of this act; and
     (c) Whether the project is referenced in the action agenda developed by the Puget Sound partnership under RCW 90.71.310.
     (7) After January 1, 2010, any project designed to address the restoration of Puget Sound may be funded under this chapter only if the project is not in conflict with the action agenda developed by the Puget Sound partnership under RCW 90.71.310.

NEW SECTION.  Sec. 30   Sections 1, 2, 5 through 10, and 12 through 16 of this act constitute a new chapter in Title 35 RCW.