CERTIFICATION OF ENROLLMENT

 

                   SUBSTITUTE HOUSE BILL 1917

 

 

                   Chapter 113, Laws of 1995

 

                         (partial veto)

 

 

 

                        54th Legislature

                      1995 Regular Session

 

 

     Forest fire suppression equipment‑-Contracting out for

 

 

                    EFFECTIVE DATE:  7/23/95

Passed by the House March 13, 1995

  Yeas 95   Nays 1

 

 

 

CLYDE BALLARD

 

Speaker of the

      House of Representatives

 

Passed by the Senate April 7, 1995

  Yeas 37   Nays 0

             CERTIFICATE

 

I, Timothy A. Martin, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1917 as passed by the House of Representatives and the Senate on the dates hereon set forth.

 

 

 

JOEL PRITCHARD

 

President of the Senate

TIMOTHY A. MARTIN

 

                          Chief Clerk

 

 

Approved April 19, 1995, with the exception of section 4, which is vetoed. Place Style On Codes above, and Style Off Codes below.

                                FILED          

 

 

           April 19, 1995 - 3:20 p.m.

 

 

 

    MIKE LOWRY

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

                    SUBSTITUTE HOUSE BILL 1917

          _______________________________________________

 

             Passed Legislature - 1995 Regular Session

 

State of Washington      54th Legislature     1995 Regular Session

 

By House Committee on Natural Resources (originally sponsored by Representatives Pennington, Fuhrman, Thompson, Goldsmith, McMorris and Kremen)

 

Read first time 02/27/95.

 

Requiring that department of natural resources contract with private entities for emergency response equipment, supplies, and services.



    AN ACT Relating to emergency response services; amending RCW 76.04.145; adding new sections 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 it is frequently in the best interest of the state to utilize fire suppression equipment from private vendors whenever possible in responding to incidents involving wildfires on department-protected lands.  It is the intent of the legislature to encourage the department of natural resources to utilize kitchen, shower, and other fire suppression equipment from private vendors as allowed in RCW 76.04.015(4)(b), when such utilization will be most effective and efficient.

 

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

    (1) The department shall, by June 1 of each year, establish a list of fire suppression equipment, such as portable showers, kitchens, water tanks, dozers, and hauling equipment, provided by the department so that the cost by unit or category can be determined and can be compared to the expense of utilizing private vendors.

    (2) The department shall establish a roster of quotes by vendors who are able to provide equipment to respond to incidents involving wildfires on department-protected lands.  The department shall use these quotes from private vendors to make a comparison with the costs established in subsection (1) of this section.  The department shall utilize the most effective and efficient resource available for responding to wildfires.

 

    NEW SECTION.  Sec. 3.  A new section is added to chapter 76.04 RCW to read as follows:

     Before constructing or purchasing any equipment listed in section 2(1) of this act for wildfire suppression, the department shall compare the per use cost of the equipment to be purchased or constructed with the per use cost of utilizing private equipment.  If utilizing private equipment is more effective and efficient, the department may not construct or purchase the equipment but shall utilize the equipment from the lowest responsive bidder.The text of the following section has been vetoed by the Governor.  It is noted in bold italic.

 

    *Sec. 4.  RCW 76.04.145 and 1986 c 100 s 15 are each amended to read as follows:

    (1) There is hereby created a forest fire advisory board, consisting of ((seven)) eight members who shall represent private and public forest landowners, private contractors of fire suppression equipment, supplies, and services, and other interested segments of the public.  The members shall be appointed by the commissioner of public lands and shall serve at the commissioner's pleasure, without compensation.

    (2) The duties of the forest fire advisory board shall be strictly advisory and shall include, but not necessarily be limited to:

    (a) Reviewing forest fire prevention and suppression policies of the department;

    (b) Monitoring expenditures from and recoveries for the landowner contingency forest fire suppression account;

    (c) Recommending appropriate assessments and allocations for establishment and replenishment of the account based upon the proportionate expenditures necessitated by participating landowner operations in western and eastern Washington;

    (d) Recommending to the department appropriate rules or amendments to existing rules and reviewing nonemergency rules affecting the protection of forest lands from fire, including reasonable alternative means or procedures for the abatement, isolation, or reduction of forest fire hazards.

    (3) Except where an emergency exists, all rules concerning matters listed in subsection (2)(d) of this section shall be adopted by the department after consultation with the forest fire advisory board.

*Sec. 4 was vetoed.  See message at end of chapter.


    Passed the House March 13, 1995.

    Passed the Senate April 7, 1995.

Approved by the Governor April 19, 1995, with the exception of certain items which were vetoed.

    Filed in Office of Secretary of State April 19, 1995.


 

    Note: Governor's explanation of partial veto is as follows:

 

    "I am returning herewith, without my approval as to section 4, Substitute House Bill No. 1917 entitled:

 

"AN ACT Relating to emergency response services;"

 

    Substitute House Bill No. 1917 requires the Department of Natural Resources to contract privately for the provision of certain fire suppression equipment when such utilization is efficient and effective.  This is an appropriate policy direction and, I am advised by the Commissioner of Public Lands, is in keeping with current departmental practice.

 

    Section 4 adds a representative of private contractors of fire suppression equipment, supplies, and service to the Forest Fire Advisory Board.  This board has the primary responsibility to review expenditures from, and recommend increases to, the Landowner Contingency Fund.  This fund is established through a fee on landowners.  Representation by this interest group is inconsistent with the duties of the Forest Fire Advisory Board and is an inappropriate forum for advice from equipment contractors.  Moreover, adding this representative would unnecessarily increase board costs.

 

    For these reasons, I have vetoed section 4 of Substitute House Bill No. 1917.

 

    With the exception of section 4, Substitute House Bill No. 1917 is approved."

 


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