BP BHEAD INT H

AN ACT Relating to responsible forest fire protection measures; amending RCW 66.08.200 and 82.08.170; adding a new section to chapter 76.04 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature finds that a growing number of people are building first or second residences and other structures within or near forested areas. The legislature acknowledges county authority to make land use planning decisions and the value of freedom for citizens to choose where and how they wish to live, including in forested areas. However, the legislature further finds that these parties' choices are, in some cases, leading to increased expenditures for taxpayers in the forms of increased fire fighting costs and loss of valuable timber and other forest resources. There are limited resources available for fire protection of forest lands, and, in some cases, forest fire fighters are being diverted from protecting forests to save privately owned structures within forested areas where neither the landowner nor the county has undertaken adequate fire prevention measures to safeguard the structures. While the legislature affirms counties' and citizens' rights to make such decisions, the legislature finds that these parties also have a responsibility to taxpayers as well as forest landowners. State taxpayers should not be responsible for the costs of defending private structures located in or near forested areas if the county has not adopted and enforced adequate fire protection standards.

NEW SECTION. Sec. 2. A new section is added to chapter 76.04 RCW to read as follows:

(1) The provisions of this section apply to areas (a) where the construction of homes or other structures is occurring in or near public or private forest lands; and (b) where such construction poses a threat to or hindrance of forest fire protection efforts on such forest lands because fire suppression efforts will be diverted to the protection of homes and other structures to the substantial detriment of the forest lands. The department may identify these areas by rule, adjusting the designations over time to account for changes in the interface or intermix of developed and forest lands.

(2) The legislature encourages each county to adopt appropriate fire protection standards for areas identified under subsection (1) of this section where structures or other human development interface with forest lands. The legislature encourages each county to apply these standards when issuing building permits and when engaging in land use planning. The department shall adopt rules identifying appropriate fire protection standards which, at a minimum, must include:

(a) Fire protection performance for building materials, including fire-resistant roofing, in addition to the requirements of the uniform fire code;

(b) Adequacy and availability of water supplies for fire protection needs;

(c) The amount of flammable vegetation and other combustible growth in these areas and the proximity of such vegetation to structures; and

(d) Access of fire protection services and equipment to structures in these areas.

Standards that do not provide for adequate fire protection are not appropriate for the purposes of this section. If a county chooses not to adopt appropriate fire protection standards for areas identified under subsection (1) of this section, the responsibility for taking appropriate fire protection measures rests with individual landowners with structures in these areas. Each county that adopts fire protection standards under this subsection shall submit a copy to the department for its review.

(3) A county is liable to pay the department for the department's costs of protecting a private structure from a forest fire and for resulting fire damage to forest land if the private structure is located in or near a forested area in the county and the department determines that the county has not adopted and enforced adequate fire protection standards and, as a result, public forest fire fighters were diverted to protect the private structure and the diversion resulted in fire damage to forest land. If the county does not reimburse the department directly, moneys that otherwise would be distributed to the county from the liquor excise tax fund and the liquor revolving fund shall be diverted and distributed to the department to pay these costs. The department shall certify the amount of these costs to the state treasurer.

The owner of a private structure that is located in or near a forested area is liable to pay the department for its costs of protecting the private structure from a forest fire and for resulting damage to forest land if the department determines that the private structure does not meet the adequate fire protection standards established by the department and that, as a result, public forest fire fighters were diverted to protect the structure and that the diversion resulted in fire damage to forest land. The costs shall constitute a lien on the private property or chattels under the owner's control and shall be recovered in the same manner as liens are recovered under RCW 76.04.750.

Sec. 3. RCW 66.08.200 and 1979 c 151 s 167 are each amended to read as follows:

With respect to the ten percent share coming to the counties, the computations for distribution shall be made by the state agency responsible for collecting the same as follows:

The share coming to each eligible county shall be determined by a division among the eligible counties according to the relation which the population of the unincorporated area of such eligible county, as last determined by the office of financial management, bears to the population of the total combined unincorporated areas of all eligible counties, as determined by the office of financial management: PROVIDED, That no county in which the sale of liquor is forbidden in the unincorporated area thereof as the result of an election shall be entitled to share in such distribution. As provided in section 2 of this act, distributions to a county shall be diverted to the department of natural resources. "Unincorporated area" means all that portion of any county not included within the limits of incorporated cities and towns.

When a special county census has been conducted for the purpose of determining the population base of a county's unincorporated area for use in the distribution of liquor funds, the census figure shall become effective for the purpose of distributing funds as of the official census date once the census results have been certified by the office of financial management and officially submitted to the office of the secretary of state.

Sec. 4. RCW 82.08.170 and 1983 c 3 s 215 are each amended to read as follows:

On the first day of the months of January, April, July and October of each year, the state treasurer shall make the apportionment and distribution of all moneys in the liquor excise tax fund to the counties, cities and towns in the following proportions: Twenty percent of the moneys in said liquor excise tax fund shall be divided among and distributed to the counties of the state in accordance with the provisions of RCW 66.08.200; eighty percent of the moneys in said liquor excise tax fund shall be divided among and distributed to the cities and towns of the state in accordance with the provisions of RCW 66.08.210. As provided in section 2 of this act, distributions to a county shall be diverted to the department of natural resources.