HOUSE BILL REPORT

                 SSB 6669

                      As Passed House:

                        March 4, 1998

Title:  An act relating to perpetual timber rights.

Brief Description:  Allowing a holder of perpetual timber rights to sign a statement of intent not to convert the land to other uses for a period of time.

Sponsors:  Senate Committee on Natural Resources & Parks (originally sponsored by Senators Rossi and T. Sheldon).

Brief History:

  Committee Activity:

Natural Resources:  2/24/98, 2/27/98 [DP].

Floor Activity:

Passed House:  3/4/98, 97-0.

HOUSE COMMITTEE ON NATURAL RESOURCES

Majority Report:  Do pass.  Signed by 11 members:  Representatives Buck, Chairman; Sump, Vice Chairman; Thompson, Vice Chairman; Regala, Ranking Minority Member; Butler, Assistant Ranking Minority Member; Alexander; Anderson; Chandler; Eickmeyer; Hatfield and Pennington.

Staff:  Linda Byers (786-7129).

Background:  In 1997, the Legislature divided authority over forest practices between the state Department of Natural Resources, and cities and counties.  Cities and counties will be administering and enforcing forest practices regulations on lands converting to non-forestry uses, while the department will continue to administer and enforce regulations on lands remaining in forestry.  One of the ways that a person indicates an intent to keep the land in forestry is with a signed statement of this intent not to convert accompanying the forest practices application to the department.  Current law provides that this signed statement of intent not to convert must come from the forest landowner.

There are forest parcels in the state where the land ownership has been severed from the right to harvest timber perpetually from the land.  In this situation, it is the owner of the perpetual timber rights who applies for the forest practices permit from the department, rather than the forest landowner.

Summary of Bill:  Where timber rights have been transferred by deed to a perpetual owner who is different from the forest landowner, the owner of perpetual timber rights may sign the forest practices application and the statement of intent not to convert for a set period of time.  The forest practices application is not complete until the holder of perpetual timber rights submits evidence to the department that the signed forest practices application and the signed statement of intent have been served on the forest landowner.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  This is basically a technical correction to last year's bill.  That bill has left the owners of perpetual timber rights in a bind and unable to harvest some of their timber.  This bill will let the department process the forest practices permits as usual.  We did not intend to leave these owners out in crafting last year's bill.  The bill has the support of the timber-fish-wildlife cooperators.

Testimony Against:  None.

Testified:  Tim Boyd, Washington Forest Protection Association; Amy Bell, Department of Natural Resources; and Bill Vogler, Washington State Association of Counties (all in favor).