AN ACT Relating to forest lands; amending RCW 76.09.050, 76.09.060, 43.21C.037, 76.09.020, 76.09.040, 76.09.070, 90.58.150, 4.24.210, 7.48.300, 7.48.305, 7.48.310, 76.09.330, 84.33.100, 84.34.300, 84.34.310, 84.34.320, 84.34.330, 84.34.340, 84.34.360, 84.34.370, 84.34.380, 76.09.240, 76.09.170, 76.09.180, 76.09.230, 76.09.080, and 76.04.005; adding a new section to chapter 76.01 RCW; adding new sections to chapter 76.09 RCW; adding a new section to chapter 82.45 RCW; adding new sections to chapter 84.33 RCW; adding a new chapter to Title 76 RCW; creating new sections; prescribing penalties; making appropriations; providing an expiration date; providing an effective date; and declaring an emergency.

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

PART I

INTENT

NEW SECTION. Sec. 101. (1) The legislature hereby finds and declares it to be in the public interest of this state to conserve the productivity of the forest land of the state and its associated resources by maintaining the integrity of biological and ecological processes while producing commodities and other services. To achieve sustainable forestry requires:

(a) A long-term commitment to stewardship informed by advances in scientific knowledge and responsive to changing human values;

(b) Integration of the needs of the forest ecosystem with the need for a viable forest industry as a whole to produce renewable forest products and services in perpetuity;

(c) Management decisions that maintain future options in response to new knowledge and understanding of how the forest ecosystem functions;

(d) The maintenance of as large a forest base as possible, which requires recognition of the critical role that private and public ownership, investment, and management will play in achieving sustainable forestry over large areas in the state; and

(e) An evolution in management of forest land that increases the compatibility of all benefits and uses provided by the state's forests, but with a recognition that during this evolution, decisions must be made subject to the constraints imposed by land ownership patterns, age of stands of timber, and an emerging knowledge of the complex interactions in the forest.

(2) The legislature recognizes the great importance of stability in the laws and rules governing forest practices conducted in this state. This stability provides the forest landowners of this state with predictability concerning capital investment, land management, and employment planning, and provides citizens and agencies a stable and understandable base to assess the benefits and concerns that may be associated with forest practices. To provide this stability, the legislature finds that the forest practices act should be subject to regular review as provided in this act and that it is the legislature's intent that the balancing of interests reflected in this act should endure at least ten years.

PART II

MAINTAINING THE PRODUCTIVE TIMBER LAND BASE‑-

REGULATION OF FOREST LAND CONVERSION

Sec. 201. RCW 76.09.050 and 1990 1st ex.s. c 17 s 61 are each amended to read as follows:

(1) The board shall establish by rule which forest practices shall be included within each of the following classes:

Class I: Minimal or specific forest practices that have no direct potential for damaging a public resource that may be conducted without submitting an application or a notification;

Class II: Forest practices which have a less than ordinary potential for damaging a public resource that may be conducted without submitting an application and, except as provided in section 202 of this act, may begin five calendar days, or such lesser time as the department may determine, after written notification by the operator, in the manner, content, and form as prescribed by the department, is received by the department. Class II shall not include forest practices:

(a) On lands ((~~platted after January 1, 1960, or~~)) being converted to another use;

(b) On lands which, pursuant to RCW 76.09.070, may not be reforested because of the likelihood of future conversion to a use incompatible with long-term commercial timber production within a ten-year period; or

((~~(b)~~)) (c) Which require approvals under the provisions of the hydraulics act, RCW 75.20.100;

((~~(c)~~)) (d) Within "shorelines of the state" as defined in RCW 90.58.030; or

((~~(d)~~)) (e) Excluded from Class II by the board;

Class III: Forest practices other than those contained in Class I, II, or IV. Except as provided in section 202 of this act, the department must approve or disapprove a Class III application ((~~must be approved or disapproved by the department~~)) within thirty calendar days from the date the department receives the application;

Class IV: Forest practices other than those contained in Class I or II: ((~~(a) On lands platted after January 1, 1960, (b) on~~)) (i) Lands being converted to another use, ((~~(c)~~)) (ii) on lands which, pursuant to RCW 76.09.070 ((~~as now or hereafter amended,~~)) are not to be reforested because of the likelihood of future conversion to ((~~urban development,~~)) a use incompatible with long-term commercial timber production within a ten-year period: PROVIDED, That such forest practices shall not be Class IV if: (A) The forest landowner submits with the forest practices application, on a form prepared by the department, a statement under penalty of perjury of intent not to convert to a use incompatible with long-term commercial timber production for a period of ten years after completion of the forest practice, which shall include an affirmation that the landowner is aware of the provisions of RCW 76.09.060(3); and either (B) the land is enrolled under the provision of chapter 84.28, 84.33 or 84.34 RCW; or (C) a written management plan for the land covering the next ten years has been received and accepted by the department: PROVIDED, FURTHER, That nothing in this section shall be construed to change the classification of forest practices which are Class IV under (i) or (iii) of this subsection; and/or ((~~(d)~~)) (iii) which have a potential for a substantial impact on the environment and therefore require an evaluation by the department as to whether a detailed statement must be prepared pursuant to the state environmental policy act, chapter 43.21C RCW. ((~~Such evaluation shall be made~~)) Timber harvesting using even-aged harvest methods on harvest units over two hundred forty acres proposed by a single landowner is a forest practice that has the potential for a substantial impact on the environment. Timber harvesting using even-aged harvest methods on harvest units smaller than or equal to two hundred forty acres proposed by a single landowner shall not be a Class IV forest practice based solely on size. The department shall make its evaluation as to whether a detailed statement must be prepared for forest practices that have a potential for a substantial impact on the environment within ten days from the date the department receives the application: PROVIDED, That nothing herein shall be construed to prevent any local or regional governmental entity from determining that a detailed statement must be prepared for an action pursuant to a Class IV forest practice taken by that governmental entity concerning the land on which forest practices will be conducted. A Class IV application must be approved or disapproved by the department within thirty calendar days from the date the department receives the application, unless the department determines that a detailed statement must be made, in which case the application must be approved or disapproved by the department within sixty calendar days from the date the department receives the application, unless the commissioner of public lands, through the promulgation of a formal order, determines that the process cannot be completed within such period.

Forest practices under Classes I, II, and III are exempt from the requirements for preparation of a detailed statement under the state environmental policy act.

(2) No Class II, Class III, or Class IV forest practice shall be commenced ((~~or continued after January 1, 1975,~~)) unless the department has received a notification with regard to a Class II forest practice or approved an application with regard to a Class III or Class IV forest practice containing all information required by RCW 76.09.060 ((as now or hereafter amended: PROVIDED, That any person commencing a forest practice during 1974 may continue such forest practice until April 1, 1975, if such person has submitted an application to the department prior to January 1, 1975: PROVIDED, FURTHER, That in the event forest practices regulations necessary for the scheduled implementation of this chapter and RCW 90.48.420 have not been adopted in time to meet such schedules, the department shall have the authority to regulate forest practices and approve applications on such terms and conditions consistent with this chapter and RCW 90.48.420 and the purposes and policies of RCW 76.09.010 until applicable forest practices regulations are in effect)).

(3) If a notification or application is delivered in person to the department by the operator or his or her agent, the department shall immediately provide a dated receipt thereof. In all other cases, the department shall immediately mail a dated receipt to the operator.

(4) Forest practices shall be conducted in accordance with the forest practices ((~~regulations~~)) rules, orders and directives as authorized by this chapter or the forest practices ((~~regulations~~)) rules, and the terms and conditions of any approved applications.

(5) The department of natural resources shall notify the applicant in writing of either its approval of the application or its disapproval of the application and the specific manner in which the application fails to comply with the provisions of this section or with the forest practices ((~~regulations~~)) rules. Except as provided otherwise in this section, if the department fails to either approve or disapprove an application or any portion thereof within the applicable time limit, the application shall be deemed approved and the operation may be commenced: PROVIDED, That this provision shall not apply to applications which are neither approved nor disapproved pursuant to the provisions of subsection (7) of this section: PROVIDED, FURTHER, That if seasonal field conditions prevent the department from being able to properly evaluate the application, the department may issue an approval conditional upon further review within sixty days((: PROVIDED, FURTHER, That the department shall have until April 1, 1975, to approve or disapprove an application involving forest practices allowed to continue to April 1, 1975, under the provisions of subsection (2) of this section)). Upon receipt of any notification or any satisfactorily completed application the department shall in any event no later than two business days after such receipt transmit a copy to the departments of ecology, wildlife, and fisheries, affected federally recognized Indian tribes, and to the county, city, or town in whose jurisdiction the forest practice is to be commenced. Any comments by such agencies shall be directed to the department of natural resources.

(6) If the county, city, or town believes that an application is inconsistent with this chapter, the forest practices ((~~regulations~~)) rules, or any local authority consistent with RCW 76.09.240 as now or hereafter amended, it may so notify the department and the applicant, specifying its objections.

(7) The department shall not approve portions of applications to which a county, city, or town objects if:

(a) The department receives written notice from the county, city, or town of such objections within fourteen business days from the time of transmittal of the application to the county, city, or town, or one day before the department acts on the application, whichever is later; ((~~and~~))

(b) The objections relate to lands either:

(i) ((~~Platted after January 1, 1960; or~~

~~(ii)~~)) Being converted to another use; or

(ii) Which, pursuant to RCW 76.09.070, may not be reforested because of the likelihood of future conversion to a use incompatible with long-term commercial timber production within a ten-year period; and

The department shall either disapprove those portions of such application or appeal the county, city, or town objections to the appeals board. If the objections related to subparagraphs (b) (i) and (ii) of this subsection are based on local authority consistent with RCW 76.09.240 as now or hereafter amended, the department shall disapprove the application until such time as the county, city, or town consents to its approval or such disapproval is reversed on appeal. The applicant shall be a party to all department appeals of county, city, or town objections. Unless the county, city, or town either consents or has waived its rights under this subsection, the department shall not approve portions of an application affecting such lands until the minimum time for county, city, or town objections has expired.

(8) For Class IV forest practices on lands specified in subsection (7)(b)(i) and (ii) of this section, the following shall apply:

(a) The department shall condition forest practices applications consistent with the request of the county, city, or town if:

(i) The county, city, or town has adopted a clearing and/or grading ordinance, or a sensitive area ordinance that addresses the items listed in (b) of this subsection and requires a permit;

(ii) The county, city, or town has issued a permit pursuant to its clearing and/or grading ordinance, or sensitive area ordinance that contains the conditions it is requesting the department to place on the forest practices permit; and

(iii) The county, city, or town has entered into an interagency agreement with the department, consistent with any forest practices rules regarding interagency agreements, that addresses enforcement of the conditions on forest practices permits. The county, city, or town shall be responsible for enforcing its own ordinances and permits.

(b) The conditions requested by the county, city, or town may only cover:

(i) The location and character of open space and vegetative buffers;

(ii) The location and design of roads;

(iii) The retention of trees for bank stabilization, erosion prevention, and storm water management; or

(iv) The protection of designated critical areas.

(c) Any exercise of local government authority consistent with (b) of this subsection shall be considered consistent with the forest practices rules adopted under this chapter.

(d) Conditions requested by the county, city, or town shall be filed with the department within twenty-nine days of the filing of the application with the department or within fourteen business days of the transmittal of the application to the county or one day before the department acts on the application, whichever is later.

(e) This section does not affect any authority of a county, city, or town under the state environmental policy act, chapter 43.21C RCW.

(9) In addition to any rights under the above paragraphs, the county, city, or town may appeal any department approval of an application with respect to any lands within its jurisdiction. The appeals board may suspend the department's approval in whole or in part pending such appeal where there exists potential for immediate and material damage to a public resource.

((~~(9)~~)) (10) Appeals under this section shall be made to the appeals board in the manner and time provided in RCW 76.09.220(8). In such appeals there shall be no presumption of correctness of either the county, city, or town or the department position.

((~~(10)~~)) (11) The department shall, within four business days notify the county, city, or town of all notifications, approvals, and disapprovals of an application affecting lands within the county, city, or town, except to the extent the county, city, or town has waived its right to such notice.

((~~(11)~~)) (12) A county, city, or town may waive in whole or in part its rights under this section, and may withdraw or modify any such waiver, at any time by written notice to the department.

Sec. 202. RCW 76.09.060 and 1990 1st ex.s. c 17 s 62 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~~)) rules shall specify by whom and under what conditions the notification and application shall be signed or otherwise certified as acceptable. The application or notification shall be delivered in person ((or)) to the department, sent by ((~~certified~~)) first class mail to the department or electronically filed in a form defined by the department. The form for electronic filing shall be readily convertible to a paper copy, which shall be available to the public pursuant to chapter 42.17 RCW. The information required may include, but ((~~shall~~)) is not ((be)) limited to:

(a) Name and address of the forest landowner, 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~~)) rules;

(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;

(k) Statistics from the last quarterly report submitted under section 307 of this act covering the percent of the applicant's land base in the WRIA harvested by even-aged harvest methods in the current calendar year and approximate total acres owned by the applicant in the WRIA; and

(l) An affirmation by the forest landowner that the landowner understands and will comply with the applicable reforestation requirements.

(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 for a forest practice or the notification of a Class II forest practice shall indicate whether any land covered by the application or notification 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~~)) rules shall not apply if the land is in fact so converted unless applicable alternatives or limitations are provided in forest practices ((~~regulations~~)) rules 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, town, and regional governmental authority permitted under RCW 76.09.240 as now or hereafter amended as well as the forest practices ((~~regulations~~)) rules.

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

(i) For six years after the date of the forest practices application or notification the county, city, town, and regional governmental entities may refuse to accept and process or 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. If the county, city, town, or regional government chooses to accept and process applications, within twenty years of the original forest practices application it may require mitigation for resource damage caused by noncompliance with its clearing and/or grading or sensitive area ordinances in effect at the time of filing of the original forest practices application: PROVIDED, That nothing in this section shall limit the authority of a county, city, town, or regional government under chapter 43.21C RCW;

(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~~)) incompatible with long-term commercial timber ((~~operations~~)) production within three years after completion of the forest practices without the consent of the county, city, or town shall constitute a violation of each of the county, municipal city, town, and regional authorities to which the forest practice operations would have been subject if the application had so stated.

(c) For six years after the date of an application for a conversion to an agricultural use, the county, city, town, and regional governmental entities may refuse to accept and process or may deny any and all applications for permits or approvals, including building permits and subdivision approvals, relating to nonagricultural uses of land subject to the application.

(d) If a forest practice is conducted without an application or notification required by this chapter, for six years after the date the forest practice is discovered, the county, city, town, and regional governmental entity may refuse to accept and process, and may deny any and all applications for permits or approvals, including building permits and subdivision approvals, relating to use of land subject to the application that is incompatible with long-term timber production.

(e) If a landowner wishes to maintain the option for conversion to a use incompatible with long-term commercial timber production the landowner may request the appropriate local government entity to approve a conversion option harvest plan. "Conversion option harvest plan" means a plan developed by the landowner and approved by a local government entity indicating the limits of harvest areas, road locations, and open space. This plan, if followed by the landowner, shall release the landowner from the provisions of subsection (3)(b)(i), (c), and (d) of this section, but does not create any other rights. The conversion option harvest plan shall be attached to the forest practice application as a condition. Violation of the conversion option harvest plan shall result in the reinstatement of the provisions of subsection (3)(b)(i), (c), and (d) of this section. Reforestation requirements of this chapter and the forest practices rules shall not be waived in the conversion option harvest plan. Nothing herein shall preclude the local government entity from charging a fee to approve such a plan.

(f) The application or notification shall be either signed by the landowner or accompanied by a statement signed under penalty of perjury by the landowner indicating his or her intent with respect to conversion and acknowledging that he or she is familiar with the effects of this ((~~subsection~~)) section, including possible penalties and restoration requirements.

(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~~)) inform 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~~)) two years 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. At the option of the applicant, an application or notification may be submitted to cover a single forest practice or a number of forest practices. An application or notification that covers more than one forest practice may have an effective term of more than two years. The board shall adopt rules that establish standards and procedures for approving an application or notification that has an effective term of more than two years. Such rules shall include extended time periods for application or notification approval or disapproval. On an approved application with a term of more than two years, the applicant shall inform the department before commencing operations.

(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. 203. RCW 43.21C.037 and 1983 c 117 s 2 are each amended to read as follows:

(1) Decisions pertaining to applications for Class I, II, and III forest practices, as defined by rule of the forest practices board under RCW 76.09.050, are not subject to the requirements of RCW 43.21C.030(2)(c) as now or hereafter amended.

(2) When the applicable county, city, or town requires a license in connection with any proposal involving forest practices (a) ((~~on lands platted after January 1, 1960, (b)~~)) on lands being converted to another use, or ((~~(c)~~)) (b) on lands which, pursuant to RCW 76.09.070 as now or hereafter amended, are not to be reforested because of the likelihood of future conversion to ((~~urban development~~)) a use incompatible with long-term commercial timber production within a ten-year period, then the local government, rather than the department of natural resources, is responsible for any detailed statement required under RCW 43.21C.030(2)(c).

(3) Those forest practices determined by rule of the forest practices board to have a potential for a substantial impact on the environment, and thus to be Class IV practices, require an evaluation by the department of natural resources as to whether or not a detailed statement must be prepared pursuant to this chapter. The evaluation shall be made within ten days from the date the department receives the application. A Class IV forest practice application must be approved or disapproved by the department within thirty calendar days from the date the department receives the application, unless the department determines that a detailed statement must be made, in which case the application must be approved or disapproved by the department within sixty days from the date the department receives the application, unless the commissioner of public lands, through the promulgation of a formal order, determines that the process cannot be completed within such period. This section shall not be construed to prevent any local or regional governmental entity from determining that a detailed statement must be prepared for an action regarding a Class IV forest practice taken by that governmental entity concerning the land on which forest practices will be conducted.

PART III

REGULATION OF HARVEST AND OTHER FOREST PRACTICES

Sec. 301. RCW 76.09.020 and 1974 ex.s. c 137 s 2 are each amended to read as follows:

For purposes of this chapter:

(1) "Appeals board" shall mean the forest practices appeals board created by RCW 76.09.210.

(2) "Clearcut" shall mean a harvest method in which the entire stand of trees is removed in one timber harvesting operation leaving fewer seedlings, saplings, or merchantable trees per acre than are prescribed under the reforestation rules adopted under this chapter. Forest practices involving the clearing of land of hardwoods, understocked stands, or brush where such practices fail to maintain minimum stocking levels prescribed under the reforestation rules adopted under this chapter are clearcuts for the purpose of this chapter. Except as provided in section 501 of this act, an area remains clearcut until:

(a) It meets the minimum stocking requirements under reforestation rules adopted under this chapter; and

(b) The largest trees qualifying for the minimum stocking levels have survived on the area for five years or, if the qualifying trees are less than five years old, they have reached an average height of four feet.

(3) "Commissioner" shall mean the commissioner of public lands.

((~~(3)~~)) (4) "Contiguous" shall mean land adjoining or touching by common corner or otherwise. Land having common ownership divided by a road or other right of way shall be considered contiguous.

((~~(4)~~)) (5) "Conversion to a use ((~~other than~~)) incompatible with long-term commercial timber ((~~operation~~)) production" shall mean a bona fide conversion to an active use which is incompatible with timber growing and as may be defined by forest practices ((~~regulations~~)) rules.

((~~(5)~~)) (6) "Department" shall mean the department of natural resources.

((~~(6)~~)) (7) "Even-aged harvest methods" shall mean the following harvest methods:

(a) Clearcuts;

(b) Seed tree or shelterwood regeneration harvests in which there remain after harvest twenty or fewer trees per acre and group or strip shelterwood harvests creating openings wider than two tree heights, based on dominant trees;

(d) Overstory removal of more than five thousand board feet per acre;

(e) Other harvesting methods designed to manage for multiple age classes in which nineteen or fewer trees per acre remain after harvest: PROVIDED, That densities of seven through nineteen trees per acre remaining shall not be considered as even-aged harvest for purposes of section 304 of this act and that one-half the acreage with such densities remaining shall count as harvested for purposes of section 306 of this act; and

(f) Trees counted as remaining after harvest shall be at least ten inches in diameter at breast height and have the top one-third of the stem supporting green, live crowns.

(8) "Forest land" shall mean all land which is capable of supporting a merchantable stand of timber and is not being actively used for a use which is incompatible with timber growing.

((~~(7)~~)) (9) "Forest landowner" shall mean any person in actual control of forest land, whether such control is based either on legal or equitable title, or on any other interest entitling the holder to sell or otherwise dispose of any or all of the timber on such land in any manner: PROVIDED, That any lessee or other person in possession of forest land without legal or equitable title to such land shall be excluded from the definition of "forest landowner" unless such lessee or other person has the right to sell or otherwise dispose of any or all of the timber located on such forest land.

((~~(8)~~)) (10) "Forest practice" shall mean any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber, including but not limited to:

(a) Road and trail construction;

(b) Harvesting, final and intermediate;

(d) Reforestation;

(e) Fertilization;

(f) Prevention and suppression of diseases and insects;

(g) Salvage of trees; and

(h) Brush control.

"Forest practice" shall not include preparatory work such as tree marking, surveying and road flagging, and removal or harvesting of incidental vegetation from forest lands such as berries, ferns, greenery, mistletoe, herbs, mushrooms, and other products which cannot normally be expected to result in damage to forest soils, timber, or public resources.

((~~(9)~~)) (11) "Forest practices ((~~regulations~~)) rules" shall mean any rules promulgated pursuant to ((~~RCW 76.09.040~~)) this chapter.

(12) "Interdisciplinary team" shall mean a group of varying size comprised of individuals having specialized expertise, assembled by the department to respond to technical questions associated with a proposed forest practice activity.

(13) "Islands" shall mean any island surrounded by salt water in Kitsap, Mason, Jefferson, Pierce, King, Snohomish, Skagit, Whatcom, Island, and San Juan counties.

((~~(10)~~)) (14) "Lands under uneven-aged management" shall mean those lands that the landowner declares an intent to manage using uneven-aged harvest methods only and which have or can be managed to produce the characteristics of late successional stages, including multistoried canopies and diversity of plant and animal species. Lands harvested using uneven-aged harvest methods shall, if the landowner files with the department, in a form acceptable to the department, a statement under penalty of perjury, of intent to manage under uneven-aged management in the future, be deemed "lands managed under uneven-aged management."

(15) "Uneven-aged harvest methods" shall mean the following harvest methods:

(a) Shelterwood preparatory cuts in which twenty or more trees per acre remain standing;

(b) Partial cuts in which fifty or more trees per acre remain standing;

(c) Selective harvests in which at least three size classes of trees or three layers of tree canopy remain after harvest, well distributed over the harvested area, provided that group selection may create openings if the openings are no larger than the combined height of two trees dominant in the remaining stand;

(d) Overstory removal of five thousand board feet per acre or less in which at least one hundred stems per acre at least ten feet in height remain after harvest;

(e) Other harvesting methods designed to manage for multiple-age classes in which twenty or more trees per acre remain for one or more years after harvest; and

(f) Except for stems counted under subsection (15)(d) of this section, trees counted as remaining after harvest shall be at least ten inches in diameter at breast height and have the top one-third of the stem supporting green, live crowns.

(16) "Application" shall mean the application required pursuant to RCW 76.09.050.

((~~(11)~~)) (17) "Operator" shall mean any person engaging in forest practices except an employee with wages as his sole compensation.

((~~(12)~~)) (18) "Person" shall mean any individual, partnership, private, public, or municipal corporation, county, the department or other state or local governmental entity, or association of individuals of whatever nature.

((~~(13)~~)) (19) "Public resources" shall mean water, fish and wildlife, and in addition shall mean capital improvements of the state or its political subdivisions.

((~~(14)~~)) (20) "Timber" shall mean forest trees, standing or down, of a commercial species, including Christmas trees.

((~~(15)~~)) (21) "Timber owner" shall mean any person having all or any part of the legal interest in timber. Where such timber is subject to a contract of sale, "timber owner" shall mean the contract purchaser.

((~~(16)~~)) (22) "Board" shall mean the forest practices board created in RCW 76.09.030.

(23) "Water resource inventory area" or "WRIA" shall mean those areas delineated by the department of ecology pursuant to chapter 90.54 RCW as of the effective date of this act.

(24) "Indian tribe" or "tribe" shall mean any federally recognized Indian tribe.

Sec. 302. RCW 76.09.040 and 1988 c 36 s 46 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~~)) rules pursuant to chapter 34.05 RCW and in accordance with the procedures enumerated in this section, including rules, that:

(a) Establish minimum standards for forest practices;

(b) Establish criteria under which the department may condition forest practices applications and notifications under this chapter;

(c) Provide procedures for the voluntary development of resource management plans which may be adopted as an alternative to the minimum standards in (a) of this subsection if the plan is consistent with the purposes and policies stated in RCW 76.09.010 and the plan meets or exceeds the objectives of the minimum standards; ((~~and~~

~~(c)~~)) (d) Provide for a program to monitor the rate of timber harvest using even-aged harvest methods; and

(e) Set forth necessary administrative provisions.

Forest practices ((~~regulations~~)) rules 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~~)) rules shall be promulgated by the board.

Forest practices ((~~regulations~~)) rules shall be administered and enforced by the department except as otherwise provided in this chapter. Such ((~~regulations~~)) rules 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~~)) rules. In addition to any forest practices ((~~regulations~~)) rules relating to water quality protection proposed by the board, the department of ecology shall prepare proposed forest practices ((~~regulations~~)) rules relating to water quality protection.

((~~Prior to initiating~~)) Before the rule-making process begins, the proposed ((~~regulations~~)) rules shall be submitted for review and comments to the department of fisheries, the department of wildlife, federally recognized Indian tribes, and to the counties of the state. After receipt of the proposed forest practices ((~~regulations~~)) rules, the departments of fisheries and wildlife, federally recognized Indian tribes, 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~~)) rules 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~~)) rules pursuant to chapter 34.05 RCW. At such hearing(s) any county may propose specific forest practices ((~~regulations~~)) rules 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.

Sec. 303. RCW 76.09.070 and 1987 c 95 s 10 are each amended to read as follows:

After the completion of a logging operation, satisfactory reforestation as defined by the rules ((~~and regulations~~)) promulgated by the board shall be completed within three years: PROVIDED, That: (1) A longer period may be authorized if seed or seedlings are not available; (2) a period of up to five years may be allowed where a natural regeneration plan is approved by the department; and (3) the department may identify low-productivity lands on which it may allow for a period of up to ten years for natural regeneration. Upon the completion of a reforestation operation a report on such operation shall be filed with the department of natural resources. Within twelve months of receipt of such a report the department shall inspect the reforestation operation, and shall determine either that the reforestation operation has been properly completed or that further reforestation and inspection is necessary.

Satisfactory reforestation is the obligation of the owner of the land as defined by forest practices regulations, except the owner of perpetual rights to cut timber owned separately from the land is responsible for satisfactory reforestation. The reforestation obligation shall become the obligation of a new owner if the land or perpetual timber rights are sold or otherwise transferred.

Prior to the sale or transfer of land or perpetual timber rights subject to a reforestation obligation, the seller shall notify the buyer of the existence and nature of the obligation and the buyer shall sign a notice of reforestation obligation indicating the buyer's knowledge thereof. The notice shall be on a form prepared by the department and shall be sent to the department by the seller at the time of sale or transfer of the land or perpetual timber rights. If the seller fails to notify the buyer about the reforestation obligation, the seller shall pay the buyer's costs related to reforestation, including all legal costs which include reasonable attorneys' fees, incurred by the buyer in enforcing the reforestation obligation against the seller. Failure by the seller to send the required notice to the department at the time of sale shall be prima facie evidence, in an action by the buyer against the seller for costs related to reforestation, that the seller did not notify the buyer of the reforestation obligation prior to sale.

The forest practices regulations may provide alternatives to or limitations on the applicability of reforestation requirements with respect to forest lands being converted in whole or in part to another use which is compatible with timber growing. The forest practices ((~~regulations may~~)) rules shall identify ((~~classifications and/or~~)) criteria under which the department will designate areas of forest land that have the likelihood of future conversion to ((~~urban development~~)) a use incompatible with long-term commercial timber production within a ten-year period. The reforestation requirements may be modified or eliminated on such lands: PROVIDED, That such ((~~identification~~)) designation and/or such conversion to ((~~urban development~~)) a use incompatible with long-term commercial timber production must be consistent with any local or regional land use plans or ordinances.

NEW SECTION. Sec. 304. In addition to other rules established by the board, the board shall adopt rules for the timing and distribution of those timber harvesting practices that establish even-aged stands of timber or that remove substantially all merchantable timber in accordance with the following:

(1) Harvest units larger than one hundred twenty acres and smaller than or equal to two hundred forty acres proposed by a single landowner shall, if determined to be necessary by the department, be reviewed by an interdisciplinary team.

(2) Harvest units shall be designed so that each harvest unit by a single landowner meets at least one of the following criteria:

(a) At least thirty percent of the unit's perimeter is in stands of trees that are thirty years of age or older;

(b) At least sixty percent of the unit's perimeter is in stands of trees that are fifteen years or older; or

(c) At least ninety percent of the unit's perimeter is in stands of trees that have survived on site a minimum of five years or, if less than five years, have reached an average height of four feet.

(3) The requirements of subsections (1) and (2) of this section shall apply to even-aged harvest methods and shall not apply to timber harvest using uneven-aged harvest methods, or to timber harvesting to salvage timber damaged by wind, disease, insects, or fire.

(4) In evaluating the perimeters of harvest units pursuant to subsection (3) of this section, the department shall apply the following criteria:

(a) In western Washington, a riparian management zone that is twice the width with twice the tree count required by the board along Type 1, 2, or 3 waters will be considered as a thirty-year-old stand;

(b) In eastern Washington, a riparian management zone that is the width required by the board will be considered as a thirty-year-old stand;

(c) Designated upland management areas and areas within late successional wildlife habitat established under section 401 of this act will be considered as thirty-year-old stands;

(d) Lands in a shoreline of state-wide significance where harvest is limited under RCW 90.58.150 will be considered as thirty-year-old stands;

(e) A stand of trees other than those described in (a) through (d) of this subsection will be considered a certain age class only if the stand is at least three hundred feet wide;

(f) Forest lands subject to an approved application or a notification for timber harvesting under this chapter will be considered as if the timber harvesting operation proposed in the application or notification were completed; and

(g) The portion of a perimeter consisting of land in uses other than forest land, such as land in agricultural or residential use and natural openings, and land owned by landowners other than the landowner who has proposed the harvest unit at issue will not be considered in making perimeter calculations.

NEW SECTION. Sec. 305. (1) Using the best scientific information available, the board shall establish by rule a program for protecting public resources from the cumulative effects of forest practices through a system of screening, analysis and thresholds. The program shall consist of:

(a) A screening process that will evaluate WRIAs to identify and prioritize those discrete basins or WRIAs in which the cumulative effects of forest practices are most likely to lead to concerns about potential damage to public resources. The screening process shall not, in and of itself, result in the classification of any forest practice;

(b) A process to analyze and measure the cumulative effects of forest practices on public resources in a manner which identifies as precisely as possible:

(i) The parts of the areas identified in which the cumulative effects of forest practices are believed to be of concern;

(ii) The public resources at risk;

(iii) The key physical and biological processes through which those public resources could be affected by forest practices. Such processes include but are not limited to timber harvesting contributing to flood risk through more rapid snow melt and forest practices contributing to excessive sediments in spawning gravels; and

(iv) Ambient conditions affected by those physical and biological processes to determine any disturbances to the public resources at risk caused by forest practices.

(d) Thresholds for public resource protection that require specific actions, including cessation of contributing forest practices and contributing road use, if necessary. Such thresholds shall be refined by the board based on, but not limited to, the analysis performed in (b) of this subsection. The board shall establish a method by which the department, in cooperation with state agencies, tribes, and other interested parties, will recommend to the board two levels of measurable thresholds. In establishing thresholds, the board will give due consideration to natural occurrences, natural and existing background conditions and variabilities, the public resources at risk, the contributions of other land uses, and the purposes and policies of this chapter;

(e) Actions to reduce or correct identified cumulative effects;

(f) A notification procedure to forest landowners likely to be affected, interested parties, federally recognized Indian tribes, and governmental agencies. Such procedures will be initiated when a predetermined condition is detected that could lead to concerns about the site-specific and cumulative effects on public resources;

(g) Provide for monitoring activities to assess the effectiveness of this section; and

(h) Provide for response or adaptation to emerging scientific knowledge and changing circumstances.

(2) The board shall ensure that the system of screening, analysis, and thresholds developed under this section, requires that problems be isolated and solutions applied on the smallest areas and consistent with effective resource protection.

(3) Screening, analysis, and threshold criteria under this section, may vary, as appropriate, by ecological region, and the specific condition of the WRIA.

NEW SECTION. Sec. 306. (1) This section establishes a monitoring system to assess the relationship between the rate of harvest by even-aged harvest methods within a water resource inventory area and the protection, conservation, and sustainability of public resources over time.

(2) The board shall establish, by rule by May 31, 1992, in accordance with this section, a system for monitoring the rate of even-aged harvest methods by water resource inventory area. This system shall include, but is not limited, to the following:

(a) Each landowner who harvests timber shall, on a quarterly basis, report to the department on the number of acres harvested using even-aged harvest methods in each water resource inventory area.

(b) If, during a calendar year, the acreage harvested by a landowner using even-aged harvest methods in a water resource inventory area reaches or exceeds four percent of that landowner's forest land in the water resource inventory area, or five hundred acres in the water resource inventory area, whichever is greater, the department shall conduct a rate of harvest review of harvesting by that landowner in that water resource inventory area. The purpose of the review is to determine present and potential impacts, if any, of the landowner's harvest activities on public resources in the water resource inventory area.

(c) The department shall assemble a team of individuals having specialized expertise to conduct the review. The team shall be composed of resource specialists representing appropriate disciplines, including, if available, resource staff from the department of wildlife, the department of fisheries, the department of ecology, federally recognized Indian tribes, and other interested parties. Members of the team or any other interested persons may make recommendations to the department for protection of public resources. The department shall give substantial weight to their recommendations. Once the need for a rate of harvest review is identified by the department, the review must be completed within sixty days.

(d) The board shall establish by rule by May 31, 1992 standards and procedures under which applications and notifications will be approved, conditioned, or denied as necessary to protect public resources during and following a review.

(3) The board shall require that the department report annually the status of rate of harvest monitoring under this section. The reports shall include:

(a) A summary of rate of harvest by water resources inventory areas by all landowners;

(b) The number of rate of harvest reviews conducted and the results; and

NEW SECTION. Sec. 307. Based on four years of data, on or before March 1, 1995, the board shall conduct a review of the rate of harvest monitoring system.

(1) The board shall solicit evaluations of the system's capacity to recognize and identify potential and actual public resource damage and benefits from state agencies, counties, federally recognized Indian tribes, environmental organizations, the forest industry, landowners, and any other interested parties.

(2) The department shall provide a compilation and summary of the annual reports required in section 306 of this act for the first four years to the board.

(3) The board shall hold public hearings to receive comments from the public regarding the monitoring and review system.

(4) The board shall review the system's capacity to recognize and identify potential and actual damage and benefits to public resources.

(5) In addition, the board shall receive an evaluation from the departments of community development and trade and economic development on the consequences of the previous four years' harvest levels on: Economic activity, community stability, forest land ownership patterns, amount of forested land in the state, forest industry employment, and investment in forest industry. The board shall recommend criteria for evaluating these consequences to the departments of community development and trade and economic development.

(6) The board shall review and evaluate the effectiveness of the monitoring system and incorporate in rules any changes necessary to improve the monitoring system operations.

(7) The board shall determine whether other requirements of this chapter, including thresholds, clearcut size limits, perimeter requirements, and other factors should be reviewed to determine their overall effect on rate and location of harvest, and impact on public resources.

(8) As a part of the report required in section 702 of this act, the board shall describe and evaluate the effectiveness of this chapter in protecting public resources.

PART IV

WILDLIFE HABITAT PROVISIONS

NEW SECTION. Sec. 401. The purpose of this section is to provide the policies and processes to manage change in the type and condition of habitat in the context of the managed forest over the next ten years. These policies provide a framework for refining and adapting the forest practice rules to reflect future understandings of wildlife and forest management interactions.

(1) In addition to other rules adopted by the board under this chapter, the board shall adopt rules consistent with the purposes and policies of this chapter that protect late successional wildlife habitats in a manner consistent with the principles of wildlife habitat management, forest management, and landscape ecology. The rules shall establish a process and priorities for developing late successional wildlife habitat management plans, and provisions for their implementation and enforcement. The board shall give priority to the development of these plans for landowners owning more than two thousand acres within a WRIA. These plans shall seek to accomplish the following goals:

(a) Provide habitat for wildlife species closely associated with late successional forest characteristics;

(b) Provide for landowner flexibility in developing management plans; and

(c) Provide for adapting wildlife habitat management plans to accommodate emerging scientific knowledge changes in the areas described in subsection (3)(a) of this section and other changing circumstances.

(2) The departments of natural resources and wildlife shall jointly recommend to the board rules for establishing a process for developing these plans. In developing those recommendations, the departments of natural resources and wildlife shall work cooperatively with federally recognized Indian tribes, forest landowners, the departments of fisheries and ecology, and other interested parties. The board shall give substantial weight to those recommendations.

At a minimum this process shall include:

(a) By May 31, 1992, the department and the department of wildlife shall jointly identify wildlife habitat management objectives for late successional habitat for each WRIA;

(b) The development of late successional wildlife habitat management plans. The landowner may, with the assistance of the departments of wildlife and natural resources, develop these plans consistent with the objectives established pursuant to (a) of this subsection. If a landowner chooses not to develop a plan, the departments of wildlife and natural resources shall develop the plan;

(c) Use of expertise and data of the department of wildlife in establishing wildlife habitat goals in the development of these plans;

(d) Opportunity to use additional information from federally recognized Indian tribes, forest landowners, and other interested parties in the development of these plans;

(e) A process for amending these plans to meet land management and resource protection needs including boundary adjustments to reflect changes in the areas described in subsection (3)(a) of this section; and

(f) During the period in which these plans are being developed, the department of wildlife and the department will work cooperatively with landowners to develop mutually acceptable interim strategies to prevent landowner hardships and protect wildlife values if agreed upon by the parties. These interim strategies will continue until a plan is complete.

(3) Ten percent of a forest landowner's forested land base within a water resource inventory area shall be managed consistent with these plans. The remainder of a landowner's forested land base in a WRIA will, at the landowner's option, be managed primarily for commercial timber production, so long as consistent with other statutory and regulatory requirements.

(a) This ten percent shall include forested riparian management zones, forested areas around wetlands and waters of the state, forest upland management areas, forested areas donated or sold at less than fifty percent of fair market value for conservation purposes, other areas required to be managed as wildlife habitat, and areas that are required to be left unharvested pursuant to other state and federal statutory and regulatory requirements: PROVIDED, That nothing in this section shall affect these statutory or regulatory requirements.

(b) On lands under even-aged management, late successional habitat should be provided in corridors of connected systems concentrated primarily on drainage systems. The need for a connected system is reduced on lands under uneven-aged management. Since uneven-aged management allows greater opportunity to create late successional habitat, the board shall by rule allow additional opportunities for harvest within the area managed under a late successional wildlife habitat plan within a WRIA according to the amount of land managed under uneven-aged management so long as consistent with the wildlife objectives identified pursuant to subsection (2)(a) of this section.

(c) The board shall establish a procedure under which landowners may submit to the department a wildlife habitat management plan for lands in one or more WRIA which, if approved by the department in cooperation with the department of wildlife and affected Indian tribes, will substitute for the ten percent management requirement established under subsection (3) of this section.

(d) Forest practices shall be permitted within the late successional habitat areas subject to a wildlife habitat management plan to:

(i) Provide reasonable access to areas outside the late successional wildlife habitat management plan for commercial forest management purposes and any other purposes permitted under applicable land use regulations;

(ii) Protect against fire and disease outside the late successional wildlife habitat management areas; and

(iii) Remove commercial timber in such a manner that provides or creates late successional habitat characteristics.

(4) In approving, conditioning, or denying any forest practice application or notification on lands covered by a wildlife habitat management plan, the department shall give substantial weight to applicable late successional wildlife habitat management plans developed pursuant to this section.

(5) The board shall establish rules that:

(a) Provide for monitoring activities by the department to assess the effectiveness of wildlife protection measures;

(b) Establish a process for encouraging informal conflict resolution mechanisms to foster the cooperative development of late successional wildlife habitat management plans.

(6) To provide additional wildlife habitat, the board shall adopt rules requiring that snags, down logs, and merchantable green trees for future snag recruitment be left in or adjacent to harvest units. There shall be no requirement to leave green trees for snag recruitment on lands within two thousand feet from the boundary of lands under the wildlife habitat management plan. Such rules shall allow distribution of snags, down logs, and recruitment trees in a manner consistent with safety and fire protection statutes and rules and site-specific harvest flexibility.

PART V

FOREST PRACTICES ON ISLANDS

NEW SECTION. Sec. 501. (1) The board shall establish rules specifically related to forest practices on islands that protect the unique characteristics of islands. The rules shall include, but are not limited to:

(a) The protection of forested wetlands;

(b) The control and retention of adverse surface water drainage and runoff which may result from forest practices;

(d) The use of chemicals.

(2) On an island:

(a) A landowner shall not harvest by clearcut so that more than forty contiguous acres of that landowner's forest land are in a clearcut condition;

(b) Forest land harvested by clearcut remains in the clearcut condition until it has reached canopy closure or it has been reforested for at least ten years;

(c) Clearcut harvest units are contiguous unless separated by a buffer at least two hundred feet wide that has reached canopy closure, has been reforested for at least ten years, or is in a land use other than timber production.

Sec. 502. RCW 90.58.150 and 1971 ex.s. c 286 s 15 are each amended to read as follows:

With respect to timber situated within two hundred feet abutting landward of the ordinary high water mark within shorelines of state-wide significance, or within the shoreline of any island surrounded by salt water in Kitsap, Mason, Jefferson, Pierce, King, Snohomish, Skagit, Whatcom, Island, and San Juan counties, the department or local government shall allow only selective commercial timber cutting, so that no more than thirty percent of the merchantable trees may be harvested in any ten year period of time: PROVIDED, That other timber harvesting methods may be permitted in those limited instances where the topography, soil conditions or silviculture practices necessary for regeneration render selective logging ecologically detrimental: PROVIDED FURTHER, That clear cutting of timber which is solely incidental to the preparation of land for other uses authorized by this chapter may be permitted.

PART VI

MAINTAINING THE PRODUCTIVE TIMBER LAND

BASE--INCENTIVES TO LANDOWNERS

Sec. 601. RCW 4.24.210 and 1980 c 111 s 1 are each amended to read as follows:

Any public or private landowners or others in lawful possession and control of any lands whether designated resource, rural or urban, or water areas or channels and lands adjacent to such areas or channels, who allow members of the public to use them for the purposes of outdoor recreation, which term includes, but is not limited to, the cutting, gathering, and removing of firewood by private persons for their personal use without purchasing the firewood from the landowner, hunting, fishing, camping, picnicking, swimming, hiking, bicycling, the riding of horses or other animals, clam digging, pleasure driving of off-road vehicles, snowmobiles, and other vehicles, boating, nature study, winter or water sports, viewing or enjoying historical, archaeological, scenic, or scientific sites, without charging a fee of any kind therefor, shall not be liable for unintentional injuries to such users: PROVIDED, That any public or private landowner, or others in lawful possession and control of the land, may charge a fee for the outdoor recreational use of forest lands: PROVIDED FURTHER, That any public or private landowner may charge an administrative fee of up to ten dollars for the cutting, gathering, and removing of firewood from the land: PROVIDED FURTHER, That nothing in this section shall prevent the liability of such a landowner or others in lawful possession and control for injuries sustained to users by reason of a known dangerous artificial latent condition for which warning signs have not been conspicuously posted: PROVIDED FURTHER, That nothing in RCW 4.24.200 and 4.24.210 limits or expands in any way the doctrine of attractive nuisance: AND PROVIDED FURTHER, That the usage by members of the public is permissive and does not support any claim of adverse possession.

Sec. 602. RCW 7.48.300 and 1979 c 122 s 1 are each amended to read as follows:

The legislature finds that agricultural activities conducted on farmland and forest practices in urbanizing areas are often subjected to nuisance lawsuits, and that such suits encourage and even force the premature removal of the lands from agricultural uses and timber production. It is therefore the purpose of RCW 7.48.300 through 7.48.310 and 7.48.905 to provide that agricultural activities conducted on farmland and forest practices be protected from nuisance lawsuits.

Sec. 603. RCW 7.48.305 and 1979 c 122 s 2 are each amended to read as follows:

Notwithstanding any other provision of this chapter, agricultural activities conducted on farmland and forest practices, if consistent with good agricultural and forest practices and established prior to surrounding nonagricultural and nonforestry activities, are presumed to be reasonable and do not constitute a nuisance unless the activity has a substantial adverse effect on the public health and safety.

If ((~~that~~)) those agricultural ((~~activity is~~)) activities and forest practices that are undertaken in conformity with ((~~federal, state, and local~~)) all applicable laws and ((~~regulations~~)) rules, ((~~it is~~)) the activities are presumed to be good agricultural and forest practices ((~~and~~)) not adversely affecting the public health and safety for purposes of this section and RCW 7.48.300.

Sec. 604. RCW 7.48.310 and 1979 c 122 s 3 are each amended to read as follows:

As used in RCW 7.48.305:

(1) "Agricultural activity" includes, but is not limited to, the growing or raising of horticultural and viticultural crops, berries, poultry, livestock, grain, mint, hay, and dairy products.

(2) "Farmland" means land devoted primarily to the production, for commercial purposes, of livestock or agricultural commodities.

(3) Forest practice means "forest practice" as defined in RCW 76.09.020(11).

Sec. 605. RCW 76.09.330 and 1987 c 95 s 7 are each amended to read as follows:

The legislature hereby finds and declares that riparian ecosystems on forest lands in addition to containing valuable timber resources, provide benefits for wildlife, fish, and water quality. The legislature further finds and declares that managing upland areas for wildlife and leaving snags and green trees for future snag recruitment provides benefits for wildlife. Forest landowners may be required or may volunteer to leave trees standing in riparian and upland areas, and to leave snags or green trees to benefit public resources. It is recognized that these trees may blow down or fall into streams and that organic debris may be allowed to remain in streams. This is beneficial to riparian dependent and other wildlife species. Neither the landowner nor the permitting entity shall ((~~not~~)) be held liable for damages resulting from the leave trees falling from natural causes ((~~in riparian areas~~)) or from organic debris allowed to remain in streams.

Sec. 606. RCW 84.33.100 and 1983 c 3 s 224 are each amended to read as follows:

As used in RCW 84.33.110 through 84.33.140 and sections 607 through 613 of this act:

(1) "Forest land" is synonymous with timberland and means all land in any contiguous ownership of twenty or more acres which is primarily devoted to and used for growing and harvesting timber and means the land only.

(2) "Owner" means the party or parties having the fee interest in land, except where land is subject to a real estate contract "owner" means the contract vendee.

(3) "Local government" shall mean any city, town, county, sewer district, water district, public utility district, port district, irrigation district, flood control district, or any other municipal corporation, quasi-municipal corporation, or other political subdivision authorized to levy special benefit assessments for sanitary or storm sewerage systems, domestic water supply or distribution systems, or road construction or improvement purposes.

(4) "Local improvement district" shall mean any local improvement district, utility local improvement district, local utility district, road improvement district, or any similar unit created by a local government for the purpose of levying special benefit assessments against property specially benefited by improvements relating to such districts.

(5) The term "average rate of inflation" shall mean the annual rate of inflation as determined by the department of revenue averaged over the period of time as provided in section 608 (1) and (2) of this act. Such determination shall be published not later than January 1 of each year for use in that assessment year.

(6) "Special benefit assessments" shall mean special assessments levied or capable of being levied in any local improvement district or otherwise levied or capable of being levied by a local government to pay for all or part of the costs of a local improvement and which may be levied only for the special benefits to be realized by property by reason of that local improvement.

NEW SECTION. Sec. 607. (1) Any forest land which is designated for classification pursuant to chapter 84.33 RCW at the earlier of the times the legislative authority of a local government adopts a resolution, ordinance, or legislative act (a) to create a local improvement district, in which such land is included or would have been included but for such classification designation, or (b) to approve or confirm a final special benefit assessment roll relating to a sanitary or storm sewerage system, domestic water supply or distribution system, or road construction or improvement, which roll would have included such land but for such classification designation, shall be exempt from special benefit assessments or charges in lieu of assessment for such purposes as long as that land remains in such classification, except as otherwise provided in section 611 of this act.

(2) Whenever a local government creates a local improvement district, the levying, collection, and enforcement of assessments shall be in the manner and subject to the same procedures and limitations as are provided pursuant to the law concerning the initiation and formation of local improvement districts for the particular local government. Notice of the creation of a local improvement district that includes forest land shall be filed with the county assessor and the legislative authority of the county in which such land is located. The county assessor, upon receiving notice of the creation of such a local improvement district, shall send a notice to the owner of the forest lands listed on the tax rolls of the applicable county treasurer of:

(a) The creation of the local improvement district;

(b) The exemption of that land from special benefit assessments;

(c) The fact that the forest land may become subject to the special benefit assessments if the owner waives the exemption by filing a notarized document with the governing body of the local government creating the local improvement district before the confirmation of the final special benefit assessment roll; and

(d) The potential liability, pursuant to section 608 of this act, if the exemption is not waived and the land is subsequently removed from the forest land status.

(3) When a local government approves and confirms a special benefit assessment roll, from which forest land has been exempted pursuant to this section, it shall file a notice of such action with the county assessor and the legislative authority of the county in which such land is located and with the treasurer of that local government, which notice shall describe the action taken, the type of improvement involved, the land exempted, and the amount of the special benefit assessment which would have been levied against the land if it had not been exempted. The filing of such notice with the county assessor and the treasurer of that local government shall constitute constructive notice to a purchaser or encumbrancer of the affected land, and every person whose conveyance or encumbrance is subsequently executed or subsequently recorded, that such exempt land is subject to the charges provided in sections 608 and 609 of this act, if such land is withdrawn or removed from its classification as forest land.

(4) The owner of the land exempted from special benefit assessments pursuant to this section may waive that exemption by filing a notarized document to that effect with the legislative authority of the local government upon receiving notice from said local government concerning the assessment roll hearing and before the local government confirms the final special benefit assessment roll. A copy of that waiver shall be filed by the local government with the county assessor, but the failure of such filing shall not affect the waiver.

(5) Except to the extent provided in section 611 of this act, the local government shall have no duty to furnish service from the improvement financed by the special benefit assessment to such exempted land.

NEW SECTION. Sec. 608. Whenever forest land has once been exempted from special benefit assessments pursuant to section 607 of this act, any withdrawal from classification or change in use from forest land under chapter 84.33 RCW shall result in the following:

(1) If the bonds used to fund the improvement in the local improvement district have not been completely retired, such land shall immediately become liable for:

(a) The amount of the special benefit assessment listed in the notice provided for in section 607 of this act; plus

(b) Interest on the amount determined in (a) of this subsection, compounded annually at a rate equal to the average rate of inflation from the time the initial notice is filed by the governmental entity which created the local improvement district as provided in section 607 of this act to the time the owner withdraws such land from the exemption category provided by this chapter; or

(2) If the bonds used to fund the improvement in the local improvement district have been completely retired, such land shall immediately become liable for:

(a) The amount of the special benefit assessment listed in the notice provided for in section 607 of this act; plus

(b) Interest on the amount determined in (a) of this subsection compounded annually at a rate equal to the average rate of inflation from the time the initial notice is filed by the governmental entity which created the local improvement district as provided in section 607 of this act, to the time the bonds used to fund the improvement have been retired; plus

(c) Interest on the total amount determined in (a) and (b) of this subsection at a simple per annum rate equal to the average rate of inflation from the time the bonds used to fund the improvement have been retired to the time the owner withdraws such lands from the exemption category provided by this chapter;

(3) The amount payable pursuant to this section shall become due on the date such land is withdrawn or removed from its forest land classification and shall be a lien on the land prior and superior to any other lien whatsoever except for the lien for general taxes, and shall be enforceable in the same manner as the collection of special benefit assessments are enforced by that local government.

NEW SECTION. Sec. 609. Whenever forest land is withdrawn or removed from its forest land classification, the county assessor of the county in which such land is located shall forthwith give written notice of such withdrawal or removal to the local government or its successor which had filed with the assessor the notice required by section 607 of this act. Upon receipt of the notice from the assessor, the local government shall mail a written statement to the owner of such land for the amounts payable as provided in section 608 of this act. Such amounts due shall be delinquent if not paid within one hundred eighty days after the date of mailing of the statement, and shall be subject to the same interest, penalties, lien priority, and enforcement procedures that are applicable to delinquent assessments on the assessment roll from which that land had been exempted, except that the rate of interest charged shall not exceed the rate provided in section 608 of this act.

NEW SECTION. Sec. 610. Payments collected pursuant to sections 608 and 609 of this act, or by enforcement procedures referred to therein, after the payment of the expenses of their collection, shall first be applied to the payment of general or special debt incurred to finance the improvements related to the special benefit assessments, and, if such debt is retired, then into the maintenance fund or general fund of the governmental entity which created the local improvement district, or its successor, for any of the following purposes: (1) Redemption or servicing of outstanding obligations of the district; (2) maintenance expenses of the district; or (3) construction or acquisition of any facilities necessary to carry out the purpose of the district.

NEW SECTION. Sec. 611. The department of revenue shall adopt rules it shall deem necessary to implement RCW 84.33.100 and sections 607 through 613 of this act which shall include, but not be limited to, procedures to determine the extent to which a portion of the land otherwise exempt may be subject to a special benefit assessment for: (1) The actual connection to the domestic water system or sewerage facilities; (2) for access to the road improvement in relation to its value as forest land as distinguished from its value under more intensive uses; and (3) for such lands which benefit from or cause the need for a local improvement district. The provision for limited special benefit assessments shall not relieve such land from liability for the amounts provided in sections 608 and 609 of this act when such land is withdrawn or removed from its forest land classification.

NEW SECTION. Sec. 612. Whenever a portion of a parcel of land which was classified as forest land pursuant to this chapter is withdrawn from classification or there is a change in use, and such land has been exempted from any benefit assessments pursuant to section 606 of this act, the previously exempt benefit assessments shall become due on only that portion of the land which is withdrawn or changed.

NEW SECTION. Sec. 613. (1) Forest land on which the right to future development has been acquired by any local government, the state of Washington, or the United States government shall be exempt from special benefit assessments in lieu of assessment for such purposes in the same manner, and under the same liabilities for payment and interest, as land classified under this chapter as forest land, for as long as such classification applies.

(2) Any interest, development right, easement, covenant, or other contractual right which effectively protects, preserves, maintains, improves, restores, prevents the future nonforest use of, or otherwise conserves forest land shall be exempt from special benefit assessments as long as such development right or other such interest effectively serves to prevent nonforest development of such land.

Sec. 614. RCW 84.34.300 and 1979 c 84 s 1 are each amended to read as follows:

The legislature finds that farming, timber production, and the related agricultural ((~~industry~~)) and forest industries have historically been and currently are central factors in the economic and social lifeblood of the state; that it is a fundamental policy of the state to protect agricultural and timber lands as a major natural resource in order to maintain a source to supply a wide range of agricultural and forest products; and that the public interest in the protection and stimulation of farming, timber production, and the agricultural ((~~industry~~)) and forest industries is a basic element of enhancing the economic viability of this state. The legislature further finds that farmland and timber land in urbanizing areas ((is)) are often subjected to high levels of property taxation and benefit assessment, and that such levels of taxation and assessment encourage and even force the ((~~premature~~)) removal of such lands from agricultural and forest uses. The legislature further finds that because of this level of taxation and assessment, such farmland and timber land in urbanizing areas ((is)) are either converted to nonagricultural and nonforest uses when significant amounts of nearby nonagricultural and nonforest area could be suitably used for such nonagricultural and nonforest uses, or, much of this farmland and timber land is left in an unused state. The legislature further finds that with the approval by the voters of the Fifty-third Amendment to the state Constitution, and with the enactment of chapter 84.34 RCW, the owners of farmlands and timber lands were provided with an opportunity to have such land valued on the basis of its current use and not its "highest and best use" and that such current use valuation is one mechanism to protect agricultural and timber lands. The legislature further finds that despite this potential property tax reduction, farmlands and timber lands in urbanized areas are still subject to high levels of benefit assessments and continue to be removed from farm and forest uses.

It is therefore the purpose of the legislature to establish, with the enactment of RCW 84.34.300 through 84.34.380, another mechanism to protect agricultural and timber land which creates an analogous system of relief from certain benefit assessments for farm and agricultural land and timber land. It is the intent of the legislature that special benefit assessments not be imposed for the availability of sanitary and/or storm sewerage service, or domestic water service, or for road construction and/or improvement purposes on farm and agricultural lands and timber lands which have been designated for current use classification as farm and agricultural lands or timber lands until such lands are withdrawn or removed from such classification or unless such lands benefit from or cause the need for the local improvement district.

The legislature finds, and it is the intent of RCW 84.34.300 through 84.34.380 and 84.34.922, that special benefit assessments for the improvement or construction of sanitary and/or storm sewerage service, or domestic water service, or certain road construction do not generally benefit land which has been classified as open space farm and agricultural land or timber land under the open space act, chapter 84.34 RCW, until such land is withdrawn from such classification or such land is used for a more intense and nonagricultural use, or the land is no longer used as timber land. The purpose of RCW 84.34.300 through 84.34.380 and 84.34.922 is to provide an exemption from certain special benefit assessments which do not benefit timber land or open space farm and agricultural land, and to provide the means for local governmental entities to recover such assessments in current dollar value in the event such land is no longer devoted to farming or timber production under chapter 84.34 RCW. Where the owner of such land chooses to make limited use of improvements related to special benefit assessments, RCW 84.34.300 through 84.34.380 ((~~and 84.34.922~~)) provides the means for the partial assessment on open space timber and farmland to the extent the land is directly benefited by the improvement.

Sec. 615. RCW 84.34.310 and 1979 c 84 s 2 are each amended to read as follows:

As used in RCW 84.34.300 through 84.34.380, unless a different meaning is required, the words defined in this section shall have the meanings indicated.

(1) "Farm and agricultural land" shall mean the same as defined in RCW 84.34.020(2).

(2) "Timber land" shall mean the same as defined in RCW 84.34.020(3).

(3) "Local government" shall mean any city, town, county, sewer district, water district, public utility district, port district, irrigation district, flood control district, or any other municipal corporation, quasi municipal corporation, or other political subdivision authorized to levy special benefit assessments for sanitary and/or storm sewerage systems, domestic water supply and/or distribution systems, or road construction or improvement purposes.

((~~(3)~~)) (4) "Local improvement district" shall mean any local improvement district, utility local improvement district, local utility district, road improvement district, or any similar unit created by a local government for the purpose of levying special benefit assessments against property specially benefited by improvements relating to such districts.

((~~(4)~~)) (5) "Owner" shall mean the same as defined in RCW 84.34.020(5) or the applicable statutes relating to special benefit assessments.

((~~(5)~~)) (6) The term "average rate of inflation" shall mean the annual rate of inflation as determined by the department of revenue averaged over the period of time as provided in RCW 84.34.330 (1) and (2). Such determination shall be published not later than January 1 of each year for use in that assessment year.

((~~(6)~~)) (7) "Special benefit assessments" shall mean special assessments levied or capable of being levied in any local improvement district or otherwise levied or capable of being levied by a local government to pay for all or part of the costs of a local improvement and which may be levied only for the special benefits to be realized by property by reason of that local improvement.

Sec. 616. RCW 84.34.320 and 1979 c 84 s 3 are each amended to read as follows:

Any farm ((~~and~~)), agricultural, or timber land which is designated for current use classification pursuant to chapter 84.34 RCW at the earlier of the times the legislative authority of a local government adopts a resolution, ordinance, or legislative act (1) to create a local improvement district, in which such land is included or would have been included but for such classification designation, or (2) to approve or confirm a final special benefit assessment roll relating to a sanitary and/or storm sewerage system, domestic water supply and/or distribution system, or road construction and/or improvement, which roll would have included such land but for such classification designation, shall be exempt from special benefit assessments or charges in lieu of assessment for such purposes as long as that land remains in such classification, except as otherwise provided in RCW 84.34.360.

Whenever a local government creates a local improvement district, the levying, collection and enforcement of assessments shall be in the manner and subject to the same procedures and limitations as are provided pursuant to the law concerning the initiation and formation of local improvement districts for the particular local government. Notice of the creation of a local improvement district that includes farm ((~~and~~)), agricultural, or timber land shall be filed with the county assessor and the legislative authority of the county in which such land is located. The county assessor, upon receiving notice of the creation of such a local improvement district, shall send a notice to the owner of the farm ((~~and~~)), agricultural, or timber lands listed on the tax rolls of the applicable county treasurer of: (1) the creation of the local improvement district; (2) the exemption of that land from special benefit assessments; (3) the fact that the farm ((~~and~~)), agricultural, or timber land may become subject to the special benefit assessments if the owner waives the exemption by filing a notarized document with the governing body of the local government creating the local improvement district before the confirmation of the final special benefit assessment roll; and (4) the potential liability, pursuant to RCW 84.34.330, if the exemption is not waived and the land is subsequently removed from the farm ((~~and~~)), agricultural, or timber land status. When a local government approves and confirms a special benefit assessment roll, from which farm ((~~and~~)), agricultural, or timber land has been exempted pursuant to this section, it shall file a notice of such action with the county assessor and the legislative authority of the county in which such land is located and with the treasurer of that local government, which notice shall describe the action taken, the type of improvement involved, the land exempted, and the amount of the special benefit assessment which would have been levied against the land if it had not been exempted. The filing of such notice with the county assessor and the treasurer of that local government shall constitute constructive notice to a purchaser or encumbrancer of the affected land, and every person whose conveyance or encumbrance is subsequently executed or subsequently recorded, that such exempt land is subject to the charges provided in RCW 84.34.330 and 84.34.340 if such land is withdrawn or removed from its current use classification as farm, agricultural, or timber land.

The owner of the land exempted from special benefit assessments pursuant to this section may waive that exemption by filing a notarized document to that effect with the legislative authority of the local government upon receiving notice from said local government concerning the assessment roll hearing and before the local government confirms the final special benefit assessment roll. A copy of that waiver shall be filed by the local government with the county assessor, but the failure of such filing shall not affect the waiver.

Except to the extent provided in RCW 84.34.360, the local government shall have no duty to furnish service from the improvement financed by the special benefit assessment to such exempted land.

Sec. 617. RCW 84.34.330 and 1979 c 84 s 4 are each amended to read as follows:

Whenever farm ((~~and~~)), agricultural, or timber land has once been exempted from special benefit assessments pursuant to RCW 84.34.320, any withdrawal from classification or change in use from farm ((~~and~~)), agricultural, or timber land under chapter 84.34 RCW shall result in the following:

(1) If the bonds used to fund the improvement in the local improvement district have not been completely retired, such land shall immediately become liable for: (a) The amount of the special benefit assessment listed in the notice provided for in RCW 84.34.320; plus (b) interest on the amount determined in (1)(a) of this section, compounded annually at a rate equal to the average rate of inflation from the time the initial notice is filed by the governmental entity which created the local improvement district as provided in RCW 84.34.320 to the time the owner withdraws such land from the exemption category provided by this chapter; or

(2) If the bonds used to fund the improvement in the local improvement district have been completely retired, such land shall immediately become liable for: (a) The amount of the special benefit assessment listed in the notice provided for in RCW 84.34.320; plus (b) interest on the amount determined in (2)(a) of this section compounded annually at a rate equal to the average rate of inflation from the time the initial notice is filed by the governmental entity which created the local improvement district as provided in RCW 84.34.320, to the time the bonds used to fund the improvement have been retired; plus (c) interest on the total amount determined in (2) (a) and (b) of this section at a simple per annum rate equal to the average rate of inflation from the time the bonds used to fund the improvement have been retired to the time the owner withdraws such lands from the exemption category provided by this chapter.

(3) The amount payable pursuant to this section shall become due on the date such land is withdrawn or removed from its current use or timber land classification and shall be a lien on the land prior and superior to any other lien whatsoever except for the lien for general taxes, and shall be enforceable in the same manner as the collection of special benefit assessments are enforced by that local government.

Sec. 618. RCW 84.34.340 and 1979 c 84 s 5 are each amended to read as follows:

Whenever farm ((~~and~~)), agricultural, or timber land is withdrawn or removed from its current use classification as farm ((~~and~~)), agricultural, or timber land, the county assessor of the county in which such land is located shall forthwith give written notice of such withdrawal or removal to the local government or its successor which had filed with the assessor the notice required by RCW 84.34.320. Upon receipt of the notice from the assessor, the local government shall mail a written statement to the owner of such land for the amounts payable as provided in RCW 84.34.330. Such amounts due shall be delinquent if not paid within one hundred and eighty days after the date of mailing of the statement, and shall be subject to the same interest, penalties, lien priority, and enforcement procedures that are applicable to delinquent assessments on the assessment roll from which that land had been exempted, except that the rate of interest charged shall not exceed the rate provided in RCW 84.34.330.

Sec. 619. RCW 84.34.360 and 1979 c 84 s 7 are each amended to read as follows:

((~~Within ninety days after June 7, 1979,~~)) The department of revenue shall adopt rules it shall deem necessary to implement RCW 84.34.300 through 84.34.380 which shall include, but not be limited to, procedures to determine the extent to which a portion of the land otherwise exempt may be subject to a special benefit assessment for the actual connection to the domestic water system or sewerage facilities, and further to determine the extent to which all or a portion of such land may be subject to a special benefit assessment for access to the road improvement in relation to its value as farm ((~~and~~)), agricultural, or timber land as distinguished from its value under more intensive uses. The provision for limited special benefit assessments shall not relieve such land from liability for the amounts provided in RCW 84.34.330 and 84.34.340 when such land is withdrawn or removed from its current use classification as farm ((~~and~~)), agricultural, or timber land.

Sec. 620. RCW 84.34.370 and 1979 c 84 s 8 are each amended to read as follows:

Whenever a portion of a parcel of land which was classified as farm ((~~and~~)), agricultural, or timber land pursuant to this chapter is withdrawn from classification or there is a change in use, and such land has been exempted from any benefit assessments pursuant to RCW 84.34.320, the previously exempt benefit assessments shall become due on only that portion of the land which is withdrawn or changed.

Sec. 621. RCW 84.34.380 and 1979 c 84 s 9 are each amended to read as follows:

Farm ((~~and~~)), agricultural, or timber land on which the right to future development has been acquired by any local government, the state of Washington, or the United States government shall be exempt from special benefit assessments in lieu of assessment for such purposes in the same manner, and under the same liabilities for payment and interest, as land classified under this chapter as farm ((~~and~~)), agricultural, or timber land, for as long as such classification applies.

Any interest, development right, easement, covenant, or other contractual right which effectively protects, preserves, maintains, improves, restores, prevents the future nonagricultural or nonforest use of, or otherwise conserves farm ((~~and~~)), agricultural, or timber land shall be exempt from special benefit assessments as long as such development right or other such interest effectively serves to prevent nonagricultural or nonforest development of such land.

NEW SECTION. Sec. 622. Nothing in RCW 84.34.300 through 84.34.340 or RCW 84.34.360 through 84.34.380 shall amend the provisions of chapter 79.44 RCW.

NEW SECTION. Sec. 623. A new section is added to chapter 82.45 RCW to read as follows:

It is the intent of this section to foster the assemblage or consolidation of forest land and to encourage long-term commitment to timber production.

(1) When the real estate excise tax is due upon the sale of forest land classified under chapter 84.33 RCW or open space timber land classified under RCW 84.34.020(3) and the buyer elects to continue the use, the payment of all or some of the state portion of the real estate excise tax as provided in RCW 82.45.060 may be deferred until the land is removed from the forest land classification or open space classification.

(a) Upon the removal from the classification as provided in RCW 84.34.070, 84.34.108, 84.33.140, and 84.33.145, the owner at time of removal shall remit all amounts which were deferred during the previous ten-year period, plus interest, within thirty days of removal.

(b) All amounts deferred upon the sale of the property under this section shall become a specific lien on the property from the time of removal from the classification, and such lien may be enforced in the manner prescribed for the foreclosure of mortgages.

(2) The agreement of the buyer to continue the use of the land as forest land under chapter 84.33 RCW or as open space timber land under chapter 82.34 RCW shall also be an agreement to pay the amount due under this section if the buyer is the owner of the property when it is removed from the classification.

(3) The department of revenue shall adopt such rules as are necessary for the administration of this section.

PART VII

FOREST PRACTICES PROGRAM ADMINISTRATION

AND MISCELLANEOUS PROVISIONS

NEW SECTION. Sec. 701. Prior to the adoption of rules necessary for the implementation of this act, the department pursuant to board direction shall have the authority to regulate forest practices and approve applications on terms and conditions consistent with this act until applicable forest practices rules are in effect.

NEW SECTION. Sec. 702. A new section is added to chapter 76.09 RCW to read as follows:

(1) The board shall, every ten years, commencing August 1, 2001, make a comprehensive written report to the legislature and the governor recommending changes, if necessary, to this chapter. In preparing this report, the board shall be cognizant of and emphasize the need to maintain stability in the laws governing forest practices. In preparing this report the board shall consider:

(a) An assessment of the effectiveness of the 1991 act on sustainable forestry;

(b) The pattern and subject matter of appeals to the appeals board;

(d) The adequacy of funding; and

(e) Adaptive management through monitoring, evaluation, and research.

(2) The legislature recognizes that it will take a full decade to fully evaluate the effectiveness of the 1991 act on sustainable forestry. However, the board shall keep the legislature fully informed on the status and implementation of this act by way of an interim report at five years.

Sec. 703. RCW 76.09.240 and 1975 1st ex.s. c 200 s 11 are each amended to read as follows:

No county, city, municipality, or other local or regional governmental entity shall adopt or enforce any law, ordinance, or ((~~regulation~~)) rule pertaining to forest practices, except that to the extent otherwise permitted by law, such entities may exercise any:

(1) Land use planning or zoning authority: PROVIDED, That exercise of such authority may regulate forest practices only: (a) Where the application submitted under RCW 76.09.060 as now or hereafter amended indicates that the lands will be converted to a use other than commercial timber production; or (b) pursuant to RCW 76.09.070, on lands which ((~~have been platted after January 1, 1960~~)) may not be reforested because of the likelihood of future conversion to a use incompatible with long-term commercial timber production within a ten-year period: PROVIDED, That no permit system solely for forest practices shall be allowed; that any additional or more stringent ((~~regulations~~)) rules shall not be inconsistent with the forest practices ((~~regulations~~)) rules enacted under this chapter; and such local ((~~regulations~~)) rules shall not unreasonably prevent timber harvesting;

(2) Taxing powers;

(3) Regulatory authority with respect to public health; and

(4) Authority granted by chapter 90.58 RCW, the "Shoreline Management Act of 1971"((~~, except that in relation to "shorelines" as defined in RCW 90.58.030, the following shall apply:~~

(a) The forest practice regulations adopted pursuant to this chapter shall be the sole rules applicable to the performance of forest practices, and enforcement thereof shall be solely as provided in chapter 76.09 RCW;

(b) As to that road construction which constitutes a substantial development, no permit shall be required under chapter 90.58 RCW for the construction of up to five hundred feet of one and only one road or segment of a road provided such road does not enter the shoreline more than once. Such exemption from said permit requirements shall be limited to a single road or road segment for each forest practice and such road construction shall be subject to the requirements of chapter 76.09 RCW and regulations adopted pursuant thereto and to the prohibitions or restrictions of any master program in effect under the provisions of chapter 90.58 RCW. Nothing in this subsection shall add to or diminish the authority of the shoreline management act regarding road construction except as specifically provided herein. The provisions of this subsection shall not relate to any road which crosses over or through a stream, lake, or other water body subject to chapter 90.58 RCW;

(c) Nothing in this section shall create, add to, or diminish the authority of local government to prohibit or restrict forest practices within the shorelines through master programs adopted and approved pursuant to chapter 90.58 RCW except as provided in (a) and (b) above.

~~Any powers granted by chapter 90.58 RCW pertaining to forest practices, as amended herein, are expressly limited to lands located within "shorelines of the state" as defined in RCW 90.58.030~~)).

Sec. 704. RCW 76.09.170 and 1975 1st ex.s. c 200 s 9 are each amended to read as follows:

Every person who fails to comply with any provision of RCW 76.09.010 through 76.09.280 as now or hereafter amended or of the forest practices ((~~regulations~~)) rules shall be subject to a civil penalty ((~~in an amount of not more than five hundred dollars~~)) for every such violation. No civil penalty shall exceed ten thousand dollars per violation. The board shall encourage the department to utilize civil penalties where appropriate and shall establish by rule the factors to be considered by the department in imposing civil penalties. Each and every such violation shall be a separate and distinct offense. In case of a failure to comply with a notice pursuant to RCW 76.09.090 as now or hereafter amended or a stop work order, every day's continuance shall be a separate and distinct violation. Every person who through an act of commission or omission procures, aids or abets in the violation shall be considered to have violated the provisions of this section and shall be subject to the penalty herein provided for: PROVIDED, That no penalty shall be imposed under this section upon any governmental official, an employee of any governmental department, agency, or entity, or a member of any board or advisory committee created by this chapter for any act or omission in his duties in the administration of this chapter or of any ((~~regulation~~)) rule promulgated thereunder.

The penalty herein provided for shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the department of natural resources describing the violation with reasonable particularity. Within fifteen days after the notice is received, the person incurring the penalty may apply in writing to the department for the remission or mitigation of such penalty. Upon receipt of the application, that department may remit or mitigate the penalty upon whatever terms that department in its discretion deems proper, provided the department deems such remission or mitigation to be in the best interests of carrying out the purposes of this chapter. The department of natural resources shall have authority to ascertain the facts regarding all such applications in such reasonable manner and under such ((~~regulations~~)) rules as it may deem proper.

Any person incurring any penalty hereunder may appeal the same to the forest practices appeals board.

Such appeals shall be filed within thirty days of receipt of notice imposing any penalty unless an application for remission or mitigation is made to the department. When such an application for remission or mitigation is made, such appeals shall be filed within thirty days of receipt of notice from the department setting forth the disposition of the application.

Any penalty imposed hereunder shall become due and payable thirty days after receipt of a notice imposing the same unless application for remission or mitigation is made or an appeal is filed. When such an application for remission or mitigation is made, any penalty incurred hereunder shall become due and payable thirty days after receipt of notice setting forth the disposition of such application unless an appeal is filed from such disposition. Whenever an appeal of any penalty incurred hereunder is filed, the penalty shall become due and payable only upon completion of all review proceedings and the issuance of a final decision confirming the penalty in whole or in part.

If the amount of any penalty is not paid to the department within thirty days after it becomes due and payable, the attorney general, upon the request of the department, shall bring an action in the name of the state of Washington in the superior court of Thurston county or of any county in which such violator may do business, to recover such penalty. In all such actions the procedure and rules of evidence shall be the same as an ordinary civil action except as otherwise in this chapter provided.

Sec. 705. RCW 76.09.180 and 1988 c 36 s 48 are each amended to read as follows:

All penalties received or recovered by state agency action for violations as prescribed in RCW 76.09.170 shall be deposited in the ((~~state general fund~~)) corrective action account established in section 802 of this act. All ((~~such~~)) penalties recovered as a result of local government action pursuant to RCW 76.09.140(2) shall be deposited in the local government general fund. Any funds recovered as reimbursement for damages pursuant to RCW 76.09.080 and 76.09.090 shall be transferred to that agency with jurisdiction over the public resource damaged, including but not limited to political subdivisions, the department of wildlife, the department of fisheries, the department of ecology, the department of natural resources, or any other department that may be so designated: PROVIDED, That nothing herein shall be construed to affect the provisions of RCW 90.48.142.

Sec. 706. RCW 76.09.230 and 1989 c 175 s 165 are each amended to read as follows:

(1) In all appeals filed with the appeals board, the party filing the first or initial paper in the action shall pay, at the time the paper is filed, a fee of one hundred dollars. All filing fees under this section shall be deposited in the state general fund.

(2) In all appeals over which the appeals board has jurisdiction, a party taking an appeal may elect either a formal or an informal hearing, unless such party has had an informal hearing with the department. Such election shall be made according to the rules of practice and procedure to be promulgated by the appeals board. In the event that appeals are taken from the same decision, order, or determination, as the case may be, by different parties and only one of such parties elects a formal hearing, a formal hearing shall be granted.

((~~(2)~~)) (3) In all appeals over which the appeals board has jurisdiction, upon request of one or more parties and with the consent of all parties, the appeals board shall promptly schedule a conference for the purpose of attempting to mediate the case. The mediation conference shall be held prior to the hearing on not less than seven days' advance written notice to all parties. All other proceedings pertaining to the appeal shall be stayed until completion of mediation, which shall continue so long as all parties consent: PROVIDED, That this shall not prevent the appeals board from deciding motions filed by the parties while mediation is ongoing: PROVIDED, FURTHER, That discovery may be conducted while mediation is ongoing if agreed to by all parties. Mediation shall be conducted by an administrative appeals judge or other duly authorized agent of the appeals board who has received training in dispute resolution techniques or has a demonstrated history of successfully resolving disputes, as determined by the appeals board. A person who mediates in a particular appeal shall not participate in a hearing on that appeal or in writing the decision and order in the appeal. Documentary and other physical evidence presented and evidence of conduct or statements made during the course of mediation shall be treated by the mediator and the parties in a confidential manner and shall not be admissible in subsequent proceedings in the appeal except in accordance with the provisions of the Washington Rules of Evidence pertaining to compromise negotiations.

(4) In all appeals the appeals board shall have all powers relating to administration of oaths, issuance of subpoenas, and taking of depositions, but such powers shall be exercised in conformity with chapter 34.05 RCW.

((~~(3)~~)) (5) In all appeals involving formal hearing the appeals board, and each member thereof, shall be subject to all duties imposed upon and shall have all powers granted to, an agency by those provisions of chapter 34.05 RCW relating to adjudicative proceedings.

((~~(4)~~)) (6) All proceedings, including both formal and informal hearings, before the appeals board or any of its members shall be conducted in accordance with such rules of practice and procedure as the board may prescribe. The appeals board shall publish such rules and arrange for the reasonable distribution thereof.

((~~(5)~~)) (7) Judicial review of a decision of the appeals board shall be de novo except when the decision has been rendered pursuant to the formal hearing, in which event judicial review may be obtained only pursuant to RCW 34.05.510 through 34.05.598.

Sec. 707. RCW 76.09.080 and 1989 c 175 s 163 are each amended to read as follows:

(1) The department shall have the authority to serve upon an operator a stop work order which shall be a final order of the department if:

(a) There is any violation of the provisions of this chapter or the forest practices ((~~regulations~~)) rules; or

(b) There is a deviation from the approved application; or

(2) The stop work order shall set forth:

(a) The specific nature, extent, and time of the violation, deviation, damage, or potential damage;

(b) An order to stop all work connected with the violation, deviation, damage, or potential damage;

(c) The specific course of action needed to correct such violation or deviation or to prevent damage and to correct and/or compensate for damage to public resources which has resulted from any violation, unauthorized deviation, or willful or negligent disregard for potential damage to a public resource; and/or those courses of action necessary to prevent continuing damage to public resources where the damage is resulting from the forest practice activities but has not resulted from any violation, unauthorized deviation, or negligence; and

(d) The right of the operator to a hearing before the appeals board.

The department shall immediately file a copy of such order with the appeals board and mail a copy thereof to the timber owner and forest landowner at the addresses shown on the application. Within fifteen days after service of the stop work order on the operator, the operator, timber owner, or forest landowner may commence an appeal to the appeals board ((~~within fifteen days after service upon the operator~~)) by filing a request for the same with the appeals board and a copy of the request with the department. If such appeal is commenced, a hearing shall be held not more than twenty days after copies of the notice of appeal were filed with the appeals board: PROVIDED, That if a mediation conference is held pursuant to RCW 76.09.230(3) RCW, the date for the hearing shall be extended to not more than twenty days after the completion of the mediation conference. Such proceeding shall be an adjudicative proceeding within the meaning of chapter 34.05 RCW, the Administrative Procedure Act. The operator shall comply with the order of the department immediately upon being served, but the appeals board if requested shall have authority to continue or discontinue in whole or in part the order of the department under such conditions as it may impose pending the outcome of the proceeding.

Sec. 708. RCW 76.04.005 and 1986 c 100 s 1 are each amended to read as follows:

As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.

(1) "Additional fire hazard" means a condition existing on any land in the state covered wholly or in part by forest debris which is likely to further the spread of fire and thereby endanger life or property. The term "additional fire hazard" does not include green trees or snags left standing in upland or riparian areas under the provisions of RCW 76.04.465 or chapter 76.09 RCW.

(2) "Closed season" means the period between April 15 and October 15, unless the department designates different dates because of prevailing fire weather conditions.

(3) "Department" means the department of natural resources, or its authorized representatives, as defined in chapter 43.30 RCW.

(4) "Department protected lands" means all lands subject to the forest protection assessment under RCW 76.04.610 or covered under contract or agreement pursuant to RCW 76.04.135 by the department.

(5) "Emergency fire costs" means those costs incurred or approved by the department for emergency forest fire suppression, including the employment of personnel, rental of equipment, and purchase of supplies over and above costs regularly budgeted and provided for nonemergency fire expenses for the biennium in which the costs occur.

(6) "Forest debris" includes forest slash, chips, and any other vegetative residue resulting from activities on forest land.

(7) "Forest fire service" includes all wardens, rangers, and other persons employed especially for preventing or fighting forest fires.

(8) "Forest land" means any unimproved lands which have enough trees, standing or down, or flammable material, to constitute in the judgment of the department, a fire menace to life or property. Sagebrush and grass areas east of the summit of the Cascade mountains may be considered forest lands when such areas are adjacent to or intermingled with areas supporting tree growth. Forest land, for protection purposes, does not include structures.

(9) "Forest landowner," "owner of forest land," "landowner," or "owner" means the owner or the person in possession of any public or private forest land.

(10) "Forest material" means forest slash, chips, timber, standing or down, or other vegetation.

(11) "Landowner operation" means every activity, and supporting activities, of a forest landowner and the landowner's agents, employees, or independent contractors or permittees in the management and use of forest land subject to the forest protection assessment under RCW 76.04.610 for the primary benefit of the owner. The term includes, but is not limited to, the growing and harvesting of forest products, the development of transportation systems, the utilization of minerals or other natural resources, and the clearing of land. The term does not include recreational and/or residential activities not associated with these enumerated activities.

(12) "Participating landowner" means an owner of forest land whose land is subject to the forest protection assessment under RCW 76.04.610.

(13) "Slash" means organic forest debris such as tree tops, limbs, brush, and other dead flammable material remaining on forest land as a result of a landowner operation.

(14) "Slash burning" means the planned and controlled burning of forest debris on forest lands by broadcast burning, underburning, pile burning, or other means, for the purposes of silviculture, hazard abatement, or reduction and prevention or elimination of a fire hazard.

(15) "Suppression" means all activities involved in the containment and control of forest fires, including the patrolling thereof until such fires are extinguished or considered by the department to pose no further threat to life or property.

(16) "Unimproved lands" means those lands that will support grass, brush and tree growth, or other flammable material when such lands are not cleared or cultivated and, in the opinion of the department, are a fire menace to life and property.

PART VIII

FUNDING AND APPROPRIATIONS

NEW SECTION. Sec. 801. A new section is added to chapter 76.01 RCW to read as follows:

The department of natural resources shall establish a program to provide grants to general purpose local governments, federally recognized Indian tribes, and other eligible entities for participation in cooperative resource management programs.

NEW SECTION. Sec. 802. The corrective action account is created in the custody of the state treasurer. All receipts from RCW 76.09.120, 76.09.130, and 76.09.170 shall be deposited in the fund. Expenditures from the fund may be used by the department only for the purposes of undertaking and completing departmental action authorized by RCW 76.09.120 or 76.09.130. Only the commissioner of public lands or the commissioner's designee may authorize expenditure from the fund. The fund is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditure.

NEW SECTION. Sec. 803. There is appropriated from the general fund to the department of natural resources, for the biennium ending June 30, 1993, the sum of five hundred thousand dollars, or as much thereof as may be necessary, for the purposes of section 802 of this act.

NEW SECTION. Sec. 804. There is appropriated from the general fund to the department of natural resources, for the biennium ending June 30, 1993, the sum of one hundred thousand dollars, or as much thereof as may be necessary, for the purposes of developing, in consultation with Indian tribes, a cross-cultural training program to be implemented on a regional basis.

NEW SECTION. Sec. 805. The departments of fisheries and wildlife shall jointly establish a program to provide grants for restoration of fish and wildlife habitat. Grant applications will be evaluated through the cooperative monitoring, evaluation, and research program. Recipients of these grants may include, but are not limited to, federally recognized Indian tribes, state fish and wildlife agencies, and volunteer cooperative fish enhancement groups, which provide for the restoration of fish and wildlife habitat on forest land. The departments of fisheries and wildlife shall jointly adopt rules for the evaluation of these projects.

NEW SECTION. Sec. 806. There is appropriated from the general fund two hundred fifty thousand dollars, or as much thereof as may be necessary, to the department of fisheries and two hundred fifty thousand dollars, or as much thereof as may be necessary, to the department of wildlife, for the biennium ending June 30, 1993, for the purposes of section 805 of this act.

NEW SECTION. Sec. 807. There is appropriated from the general fund to the department of natural resources, for the biennium ending June 30, 1993, the sum of one million five hundred thousand dollars, or as much thereof as may be necessary, for the purposes of expanding the department's geographic information system to more efficiently implement the provisions of chapter 76.09 RCW and to integrate information on forest resources including, but not limited to: Forest harvest inventory, removal, regeneration, soils, water quality, fisheries, and wildlife.

NEW SECTION. Sec. 808. There is appropriated from the general fund to the department of natural resources, for the biennium ending June 30, 1993, the sum of one million seven hundred thousand dollars, or as much thereof as may be necessary, for the purposes of developing and implementing an electronic processing and analysis system for forest practices applications and permits, to be fully integrated with the forest resources geographic information system.

NEW SECTION. Sec. 809. There is appropriated from the general fund to the department of natural resources, for the biennium ending June 30, 1993, the sum of two hundred thousand dollars, or as much thereof as may be necessary, for the purposes of section 801 of this act.

NEW SECTION. Sec. 810. A new section is added to chapter 76.09 RCW to read as follows:

An applicant shall pay a fee at the time an application or notification is submitted pursuant to RCW 76.09.060, or at such other time as the board determines, to cover the costs of the department in processing the application or notification. All money collected from this fee shall be deposited in the state general fund. The board shall establish a schedule for fees in an amount sufficient to generate one million six hundred thousand dollars annually. Each biennium the board shall adjust the total annual revenue target and all fees in accordance with the implicit deflator for personal consumption expenditures published by the United States department of commerce. The fees shall range from no more than fifty dollars for Class II forest practices; no more than one hundred dollars for Class III forest practices; and no more than two hundred dollars for Class IV forest practices: PROVIDED, That the board may require a surcharge of up to eight hundred dollars for applications involving Class IV forest practices on lands being converted to another use. The board shall determine the appropriate additional surcharge for applications involving Class IV forest practices greater than one hundred twenty acres being converted to another use. The board shall establish a schedule for fees for an application or notification that has an effective term of more than two years pursuant to RCW 76.09.060(6), which represents the cumulative cost to the department associated with processing a multiple practice application or notification.

NEW SECTION. Sec. 811. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Wood" or "wood products" has its ordinary meaning and includes any item made of wood and used in construction, including but not limited to lumber, plywood, paneling, shingles, windows, and doors. Wood products also include paper and paper products, which include paper office supplies, paper bags, cardboard, paper plates, paper towels, paper tissue, newsprint, and paper sold for printing or writing, but does not include printed materials such as newspapers, magazines, or books.

(2) "Miscellaneous forest-related products" includes any bricks, stones, cement, sand, gravel, ceramic wall or floor tiles, roofing, siding, or insulation used in construction.

(3) "Construction" means the remodeling, fabrication and/or assemblage of any residential, commercial, retail, or industrial building or complex.

(4) "Forest-related product" means any of the items falling into the categories listed in subsections (1) and (2) of this section. The department of revenue may, by rule, adopt definitions for the categories listed in subsections (1) and (2) of this section. Such definitions shall be guided by the purpose of this chapter.

(5) "Possession" means the control of any forest-related product located within this state and includes both actual and constructive possession. "Actual possession" occurs when the person with control has physical possession. "Constructive possession" occurs when the person with control does not have physical possession. "Control" means the power to sell or use any forest-related product or to authorize the sale or use by another.

(6) "Previously taxed forest-related product" means a forest-related product in respect to which a tax has been paid under this chapter. A "previously taxed forest-related product" includes forest-related products in respect to which a tax has been paid under this chapter on all of the components of the forest-related product.

(7) Except for terms defined in this section, the definitions in chapters 82.04, 82.08, and 82.12 RCW apply to this chapter.

(8) In order to verify the payment of the tax, all persons selling or otherwise transferring possession of items taxed under this chapter, except retailers, shall separately itemize the amount of the tax on the invoice, bill of lading, or other delivery document.

NEW SECTION. Sec. 812. (1) A tax is imposed on the privilege of possession of a forest-related product in this state. The rate of the tax shall be equal to eleven one-hundredths of one percent of the wholesale value of the forest-related product.

(a) When a manufacturer produces a forest-related product, the tax shall be imposed on the wholesale value of its finished item and not an ingredient or component in the production process.

(b) "Wholesale value" means fair market wholesale value, determined as nearly as possible according to the wholesale selling price at the place of use of similar products of like quality and character, in accordance with rules of the department.

(2) Moneys collected under this chapter shall be deposited in the general fund, to be used for the purposes stated in this chapter.

(3) Chapter 82.32 RCW applies to the tax imposed in this chapter. The tax due dates, reporting periods, and return requirements applicable to chapter 82.04 RCW apply equally to the tax imposed in this chapter.

NEW SECTION. Sec. 813. The following are exempt from the tax imposed in this chapter:

(1) Any successive possession of a previously taxed forest-related product. If tax due under this chapter has not been paid with respect to a forest-related product, the department may collect the tax from any person who has had possession of the forest-related product. If the tax is paid by any person other than the first person having taxable possession of a forest-related product, the amount of tax paid constitutes a debt owed by the first person having taxable possession to the person who paid the tax.

(2) Any forest-related product that is transferred to a point outside the state for use outside the state.

(3) Any possession of a forest-related product where the first possession occurred before July 1, 1991.

NEW SECTION. Sec. 814. (1) Credit shall be allowed, in accordance with rules of the department, against the taxes imposed in this chapter for any forest-related product tax paid to another state with respect to the same forest-related product. The amount of the credit shall not exceed the tax liability arising under this chapter with respect to that forest-related product.

(2) For the purpose of this section:

(a) "Forest-related product tax" means a tax that is:

(i) Imposed on the act or privilege of possessing forest-related products and that is not generally imposed on other activities or privileges; and

(ii) Measured by the manufacturing value.

(b) "State" means (i) a state of the United States other than Washington, or any political subdivision of such other state, (ii) the District of Columbia, and (iii) any foreign country or political subdivision thereof.

NEW SECTION. Sec. 815. (1) A tax is imposed on the privilege of possessing outdoor recreational equipment for commercial use in this state. The rate of the tax shall be equal to eight-tenths of one percent of the wholesale selling price.

(a) When a manufacturer produces an item of outdoor recreational equipment, the tax shall be imposed on the wholesale value of its finished item and not an ingredient or component in the production process.

(2) Moneys collected under this chapter shall be deposited in the general fund.

NEW SECTION. Sec. 816. (1) Outdoor recreational equipment is limited to the products in the following categories:

(a) Any archery or trapping equipment such as bows, arrows, and traps;

(b) Any fishing equipment such as poles, reels, and tackle;

(d) Skiing and snowshoe equipment such as skis, boots, poles, bindings, snowshoes, snowshoe bindings, and snowboards;

(e) Human-powered boating equipment such as canoes, kayaks, rafts, rowing shells, rowboats and dinghies, paddles and oars, and helmets;

(f) Bicycle equipment such as bicycles, helmets, tires and tubes, panniers and bags, and racks;

(g) Equestrian equipment such as saddles, bridles, and other tack;

(h) Climbing equipment such as ropes, carabineers, crampons, ice axes, and helmets;

(i) Windsurfing equipment such as boards and sails;

(j) Water skiing equipment such as skis, ropes, and bridles;

(k) SCUBA and skin diving equipment such as masks, fins, snorkels, weight belts, tanks, backpacks, regulators, gauges, and buoyancy control devices;

(l) Hang gliding equipment such as hang gliders, helmets, and slings and harnesses; and

(m) Miscellaneous equipment such as wet suits, booties, hoods, gloves, dry suits, personal flotation devices, compasses, and car racks and rack accessories.

(2) The department of revenue shall adopt a rule defining the categories in subsection (1) of this section. In making such definitions, the department shall be guided by the purpose of this chapter as stated in section 812 of this act.

(3) "Possession" means the control of any outdoor recreational equipment located within this state and includes both actual and constructive possession. "Actual possession" occurs when the person with control has physical possession. "Constructive possession" occurs when the person with control does not have physical possession. "Control" means the power to sell or use any outdoor recreational equipment or to authorize the sale or use by another.

(4) "Previously taxed outdoor recreational equipment" means outdoor recreational equipment in respect to which a tax has been paid under this chapter. "Previously taxed outdoor recreational equipment" includes outdoor recreational equipment in respect to which a tax has been paid under this chapter on all of the components of the outdoor recreational equipment.

(5) In order to verify the payment of the tax, all persons selling or otherwise transferring possession of items taxed under section 815 of this act, except retailers, shall separately itemize amount of the tax on the invoice, bill of lading, or other delivery document.

(6) Except for terms defined in this section, the definitions in chapters 82.04, 82.08, and 82.12 RCW apply to this chapter.

NEW SECTION. Sec. 817. The following are exempt from the tax imposed in this chapter:

(1) Any successive possession of previously taxed outdoor recreational equipment. If tax due under this chapter has not been paid with respect to outdoor recreational equipment, the department may collect the tax from any person who has had possession of the outdoor recreational equipment. If the tax is paid by any person other than the first person having taxable possession of outdoor recreational equipment, the amount of tax paid constitutes a debt owed by the first person having taxable possession to the person who paid the tax.

(2) Any outdoor recreational equipment that is transferred to a point outside the state for use outside the state.

(3) Any possession of outdoor recreational equipment where the first possession occurred before July 1, 1991.

NEW SECTION. Sec. 818. (1) Credit shall be allowed, in accordance with rules of the department, against the taxes imposed in this chapter for any outdoor recreational equipment tax paid to another state with respect to the same outdoor recreational equipment. The amount of the credit shall not exceed the tax liability arising under this chapter with respect to that outdoor recreational equipment.

(2) For the purpose of this section:

(a) "Outdoor recreational equipment tax" means a tax that is:

(i) Imposed on the act or privilege of possessing outdoor recreational equipment for commercial use and that is not generally imposed on other activities or privileges; and

(ii) Measured by manufacturing value.

NEW SECTION. Sec. 819. The sum of seven million eight hundred sixty-six thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the general fund to the department of natural resources for the purposes of this act.

NEW SECTION. Sec. 820. The sum of one million six hundred fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the general fund to the department of wildlife for the purposes of this act.

NEW SECTION. Sec. 821. The sum of nine hundred seventeen thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the general fund to the department of fisheries for the purposes of this act.

NEW SECTION. Sec. 822. The sum of seven hundred ninety-one thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the general fund to the department of ecology for the purposes of this act.

NEW SECTION. Sec. 823. The sum of two hundred fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the general fund to the department of community development for the purposes of this act.

NEW SECTION. Sec. 824. The sum of two hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the general fund to the department of revenue for the purposes of this act.

PART IX

MISCELLANEOUS

NEW SECTION. Sec. 901. Sections 304 through 307, 401, and 501 of this act are each added to chapter 76.09 RCW.

NEW SECTION. Sec. 902. Sections 607 through 613 of this act are each added to chapter 84.33 RCW.

NEW SECTION. Sec. 903. Sections 811 through 818 of this act shall constitute a new chapter in Title 76 RCW.

NEW SECTION. Sec. 904. Sections 811 through 818 of this act shall expire on June 30, 2001.

NEW SECTION. Sec. 905. Captions and headings as used in this act constitute no part of the law.

NEW SECTION. Sec. 906. This act shall be null and void in the event that the legislature fails to appropriate such funds for this act and for the administration for the forest practices program and if such appropriation does not derive from new revenues developed pursuant to this act.

NEW SECTION. Sec. 907. 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. 908. (1) Section 810 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

(2) Sections 811 through 818 are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1991.