H‑0412.1   _____________________________________________

 

HOUSE BILL 1014

 

           _____________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By Representatives Pennington, Mielke, Buck and Jackley

 

Read first time 01/10/2001.  Referred to Committee on Natural Resources.

_1      AN ACT Relating to the landowner contingency forest fire

_2  suppression account; amending RCW 76.04.630, 43.84.092, and

_3  43.84.092; creating a new section; providing an effective date;

_4  and providing an expiration date.

     

_5  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     

_6      NEW SECTION.  Sec. 1.  The legislature finds that rapid and

_7  effective responses to forest fires are critical in keeping these

_8  fires from spreading into larger fires.  Large forest fires impair

_9  air quality, destroy valuable watersheds and riparian areas, and

10  denigrate salmon habitat.  The legislature also finds that the costs

11  associated with one large forest fire is far greater than the

12  costs for extinguishing hundreds of small fires.  The legislature

13  recognizes that a report issued in 1997 indicated that the

14  department of natural resources lacked the funding to adequately

15  address the threat of forest fires.  Forest fire suppression is paid

16  by annual assessments on landowners.  The legislature further finds

17  that landowner assessments that are paid for the particular

18  service of forest fire suppression should not lapse into the

                               p. 1                       HB 1014

_1  general fund, particularly when there are not adequate funds for

_2  the department of natural resources to fight fires.  The legislature

_3  therefore finds that it is in the public interest for interest

_4  earned on moneys in the landowner contingency forest fire

_5  suppression account to be credited to that account, and that

_6  moneys in the account should not lapse if they are not spent by

_7  the end of the biennium.

     

_8      Sec. 2.  RCW 76.04.630 and 1993 c 36 s 2 are each amended to read

_9  as follows:

10      There is created a landowner contingency forest fire

11  suppression account in the state treasury.  Moneys in the account

12  may be spent only as provided in this section.  Disbursements from

13  the account shall be on authorization of the commissioner of

14  public lands or the commissioner's designee.  The account is subject

15  to the allotment procedure provided under chapter 43.88 RCW, but

16  no appropriation is required for disbursements.  Money in the

17  account that is not appropriated prior to the end of the biennium

18  in which it was appropriated does not lapse, but must remain in

19  the account.  Interest earned from money in the account must be

20  credited to the account.

21      The department may expend from this account the amounts as may

22  be available and as it considers appropriate for the payment of

23  emergency fire costs resulting from a participating landowner

24  fire.  The department may, when moneys are available from the

25  landowner contingency forest fire suppression account, expend

26  moneys for summarily abating, isolating, or reducing an extreme

27  fire hazard under RCW 76.04.660.  All moneys recovered as a result

28  of the department's actions, from the owner or person responsible,

29  under RCW 76.04.660 shall be deposited in the landowner

30  contingency forest fire suppression account.

31      When a determination is made that the fire was started by other

32  than a landowner operation, moneys expended from this account in

33  the suppression of such fire shall be recovered from the general

34  fund appropriations as may be available for emergency fire

35  suppression costs.  The department shall deposit in the landowner

36  contingency forest fire suppression account moneys paid out of the

HB 1014                        p. 2

_1  account which are later recovered, less reasonable costs of

_2  recovery.

_3      This account shall be established and renewed by an annual

_4  special forest fire suppression account assessment paid by

_5  participating landowners at a rate to be established by the

_6  department.  In establishing assessments, the department shall seek

_7  to establish and thereafter reestablish a balance in the account

_8  of three million dollars.  The department may establish a flat fee

_9  assessment of no more than seven dollars and fifty cents for

10  participating landowners owning parcels of fifty acres or less.  For

11  participating landowners owning parcels larger than fifty acres,

12  the department may charge the flat fee assessment plus a per acre

13  assessment for every acre over fifty acres.  The per acre assessment

14  established by the department may not exceed fifteen cents per

15  acre per year.  The assessments may differ to equitably distribute

16  the assessment based on emergency fire suppression cost experience

17  necessitated by landowner operations. Amounts assessed for this

18  account shall be a lien upon the forest lands with respect to

19  which the assessment is made and may be collected as directed by

20  the department in the same manner as forest protection

21  assessments.  Payment of emergency costs from this account shall in

22  no way restrict the right of the department to recover costs

23  pursuant to RCW 76.04.495 or other laws.

24      When the department determines that a forest fire was started

25  in the course of or as a result of a landowner operation, it shall

26  notify the forest fire advisory board of the determination.  The

27  determination shall be final, unless, within ninety days of the

28  notification, the forest fire advisory board or an interested

29  party serves a request for a hearing before the department.  The

30  hearing shall constitute an adjudicative proceeding under chapter

31  34.05 RCW, the administrative procedure act, and an appeal shall

32  be in accordance with RCW 34.05.510 through 34.05.598.

     

33      Sec. 3.  RCW 43.84.092 and 2000 2nd sp.s. c 4 s 5 are each amended

34  to read as follows:

35      (1) All earnings of investments of surplus balances in the

36  state treasury shall be deposited to the treasury income account,

37  which account is hereby established in the state treasury.

                               p. 3                       HB 1014

 

_1      (2) The treasury income account shall be utilized to pay or

_2  receive funds associated with federal programs as required by the

_3  federal cash management improvement act of 1990.  The treasury

_4  income account is subject in all respects to chapter 43.88 RCW,

_5  but no appropriation is required for refunds or allocations of

_6  interest earnings required by the cash management improvement

_7  act.  Refunds of interest to the federal treasury required under

_8  the cash management improvement act fall under RCW 43.88.180 and

_9  shall not require appropriation.  The office of financial management

10  shall determine the amounts due to or from the federal government

11  pursuant to the cash management improvement act.  The office of

12  financial management may direct transfers of funds between

13  accounts as deemed necessary to implement the provisions of the

14  cash management improvement act, and this subsection.  Refunds or

15  allocations shall occur prior to the distributions of earnings set

16  forth in subsection (4) of this section.

17      (3) Except for the provisions of RCW 43.84.160, the treasury

18  income account may be utilized for the payment of purchased

19  banking services on behalf of treasury funds including, but not

20  limited to, depository, safekeeping, and disbursement functions

21  for the state treasury and affected state agencies.  The treasury

22  income account is subject in all respects to chapter 43.88 RCW,

23  but no appropriation is required for payments to financial

24  institutions.  Payments shall occur prior to distribution of

25  earnings set forth in subsection (4) of this section.

26      (4) Monthly, the state treasurer shall distribute the earnings

27  credited to the treasury income account.  The state treasurer shall

28  credit the general fund with all the earnings credited to the

29  treasury income account except:

30      (a) The following accounts and funds shall receive their

31  proportionate share of earnings based upon each account's and

32  fund's average daily balance for the period:  The capitol building

33  construction account, the Cedar River channel construction and

34  operation account, the Central Washington University capital

35  projects account, the charitable, educational, penal and

36  reformatory institutions account, the common school construction

37  fund, the county criminal justice assistance account, the county

38  sales and use tax equalization account, the data processing

HB 1014                        p. 4

_1  building construction account, the deferred compensation

_2  administrative account, the deferred compensation principal

_3  account, the department of retirement systems expense account, the

_4  drinking water assistance account, the Eastern Washington

_5  University capital projects account, the education construction

_6  fund, the emergency reserve fund, the federal forest revolving

_7  account, the health services account, the public health services

_8  account, the health system capacity account, the personal health

_9  services account, the state higher education construction account,

10  the higher education construction account, the highway

11  infrastructure account, the industrial insurance premium refund

12  account, the judges' retirement account, the judicial retirement

13  administrative account, the judicial retirement principal account,

14  the landowner contingency forest fire suppression account, the

15  local leasehold excise tax account, the local real estate excise

16  tax account, the local sales and use tax account, the medical aid

17  account, the mobile home park relocation fund, the multimodal

18  transportation account, the municipal criminal justice assistance

19  account, the municipal sales and use tax equalization account, the

20  natural resources deposit account, the perpetual surveillance and

21  maintenance account, the public employees' retirement system plan

22  1 account, the public employees' retirement system plan 2 account,

23  the Puyallup tribal settlement account, the resource management

24  cost account, the site closure account, the special wildlife

25  account, the state employees' insurance account, the state

26  employees' insurance reserve account, the state investment board

27  expense account, the state investment board commingled trust fund

28  accounts, the supplemental pension account, the teachers'

29  retirement system plan 1 account, the teachers' retirement system

30  combined plan 2 and plan 3 account, the tobacco prevention and

31  control account, the tobacco settlement account, the

32  transportation infrastructure account, the tuition recovery trust

33  fund, the University of Washington bond retirement fund, the

34  University of Washington building account, the volunteer fire

35  fighters' and reserve officers' relief and pension principal fund,

36  the volunteer fire fighters' and reserve officers' administrative

37  fund, the Washington judicial retirement system account, the

38  Washington law enforcement officers' and fire fighters' system

                               p. 5                       HB 1014

_1  plan 1 retirement account, the Washington law enforcement

_2  officers' and fire fighters' system plan 2 retirement account, the

_3  Washington school employees' retirement system combined plan 2 and

_4  3 account, the Washington state health insurance pool account, the

_5  Washington state patrol retirement account, the Washington State

_6  University building account, the Washington State University bond

_7  retirement fund, the water pollution control revolving fund, and

_8  the Western Washington University capital projects account.

_9  Earnings derived from investing balances of the agricultural

10  permanent fund, the normal school permanent fund, the permanent

11  common school fund, the scientific permanent fund, and the state

12  university permanent fund shall be allocated to their respective

13  beneficiary accounts.  All earnings to be distributed under this

14  subsection (4)(a) shall first be reduced by the allocation to the

15  state treasurer's service fund pursuant to RCW 43.08.190.

16      (b) The following accounts and funds shall receive eighty

17  percent of their proportionate share of earnings based upon each

18  account's or fund's average daily balance for the period:  The

19  aeronautics account, the aircraft search and rescue account, the

20  county arterial preservation account, the department of licensing

21  services account, the essential rail assistance account, the ferry

22  bond retirement fund, the grade crossing protective fund, the high

23  capacity transportation account, the highway bond retirement fund,

24  the highway safety account, the motor vehicle fund, the motorcycle

25  safety education account, the pilotage account, the public

26  transportation systems account, the Puget Sound capital

27  construction account, the Puget Sound ferry operations account,

28  the recreational vehicle account, the rural arterial trust

29  account, the safety and education account, the special category C

30  account, the state patrol highway account, the transportation

31  equipment fund, the transportation fund, the transportation

32  improvement account, the transportation improvement board bond

33  retirement account, and the urban arterial trust account.

34      (5) In conformance with Article II, section 37 of the state

35  Constitution, no treasury accounts or funds shall be allocated

36  earnings without the specific affirmative directive of this

37  section.

38 

HB 1014                        p. 6

 

_1      Sec. 4.  RCW 43.84.092 and 2000 2nd sp.s. c 4 s 6 are each amended

_2  to read as follows:

_3      (1) All earnings of investments of surplus balances in the

_4  state treasury shall be deposited to the treasury income account,

_5  which account is hereby established in the state treasury.

_6      (2) The treasury income account shall be utilized to pay or

_7  receive funds associated with federal programs as required by the

_8  federal cash management improvement act of 1990.  The treasury

_9  income account is subject in all respects to chapter 43.88 RCW,

10  but no appropriation is required for refunds or allocations of

11  interest earnings required by the cash management improvement

12  act.  Refunds of interest to the federal treasury required under

13  the cash management improvement act fall under RCW 43.88.180 and

14  shall not require appropriation.  The office of financial management

15  shall determine the amounts due to or from the federal government

16  pursuant to the cash management improvement act.  The office of

17  financial management may direct transfers of funds between

18  accounts as deemed necessary to implement the provisions of the

19  cash management improvement act, and this subsection.  Refunds or

20  allocations shall occur prior to the distributions of earnings set

21  forth in subsection (4) of this section.

22      (3) Except for the provisions of RCW 43.84.160, the treasury

23  income account may be utilized for the payment of purchased

24  banking services on behalf of treasury funds including, but not

25  limited to, depository, safekeeping, and disbursement functions

26  for the state treasury and affected state agencies.  The treasury

27  income account is subject in all respects to chapter 43.88 RCW,

28  but no appropriation is required for payments to financial

29  institutions.  Payments shall occur prior to distribution of

30  earnings set forth in subsection (4) of this section.

31      (4) Monthly, the state treasurer shall distribute the earnings

32  credited to the treasury income account.  The state treasurer shall

33  credit the general fund with all the earnings credited to the

34  treasury income account except:

35      (a) The following accounts and funds shall receive their

36  proportionate share of earnings based upon each account's and

37  fund's average daily balance for the period:  The capitol building

38  construction account, the Cedar River channel construction and

                               p. 7                       HB 1014

_1  operation account, the Central Washington University capital

_2  projects account, the charitable, educational, penal and

_3  reformatory institutions account, the common school construction

_4  fund, the county criminal justice assistance account, the county

_5  sales and use tax equalization account, the data processing

_6  building construction account, the deferred compensation

_7  administrative account, the deferred compensation principal

_8  account, the department of retirement systems expense account, the

_9  drinking water assistance account, the Eastern Washington

10  University capital projects account, the education construction

11  fund, the emergency reserve fund, the federal forest revolving

12  account, the health services account, the public health services

13  account, the health system capacity account, the personal health

14  services account, the state higher education construction account,

15  the higher education construction account, the highway

16  infrastructure account, the industrial insurance premium refund

17  account, the judges' retirement account, the judicial retirement

18  administrative account, the judicial retirement principal account,

19  the landowner contingency forest fire suppression account, the

20  local leasehold excise tax account, the local real estate excise

21  tax account, the local sales and use tax account, the medical aid

22  account, the mobile home park relocation fund, the multimodal

23  transportation account, the municipal criminal justice assistance

24  account, the municipal sales and use tax equalization account, the

25  natural resources deposit account, the perpetual surveillance and

26  maintenance account, the public employees' retirement system plan

27  1 account, the public employees' retirement system combined plan 2

28  and plan 3 account, the Puyallup tribal settlement account, the

29  resource management cost account, the site closure account, the

30  special wildlife account, the state employees' insurance account,

31  the state employees' insurance reserve account, the state

32  investment board expense account, the state investment board

33  commingled trust fund accounts, the supplemental pension account,

34  the teachers' retirement system plan 1 account, the teachers'

35  retirement system combined plan 2 and plan 3 account, the tobacco

36  prevention and control account, the tobacco settlement account,

37  the transportation infrastructure account, the tuition recovery

38  trust fund, the University of Washington bond retirement fund, the

HB 1014                        p. 8

_1  University of Washington building account, the volunteer fire

_2  fighters' and reserve officers' relief and pension principal fund,

_3  the volunteer fire fighters' and reserve officers' administrative

_4  fund, the Washington judicial retirement system account, the

_5  Washington law enforcement officers' and fire fighters' system

_6  plan 1 retirement account, the Washington law enforcement

_7  officers' and fire fighters' system plan 2 retirement account, the

_8  Washington school employees' retirement system combined plan 2 and

_9  3 account, the Washington state health insurance pool account, the

10  Washington state patrol retirement account, the Washington State

11  University building account, the Washington State University bond

12  retirement fund, the water pollution control revolving fund, and

13  the Western Washington University capital projects

14  account.  Earnings derived from investing balances of the

15  agricultural permanent fund, the normal school permanent fund, the

16  permanent common school fund, the scientific permanent fund, and

17  the state university permanent fund shall be allocated to their

18  respective beneficiary accounts. All earnings to be distributed

19  under this subsection (4)(a) shall first be reduced by the

20  allocation to the state treasurer's service fund pursuant to RCW

21  43.08.190.

22      (b) The following accounts and funds shall receive eighty

23  percent of their proportionate share of earnings based upon each

24  account's or fund's average daily balance for the period:  The

25  aeronautics account, the aircraft search and rescue account, the

26  county arterial preservation account, the department of licensing

27  services account, the essential rail assistance account, the ferry

28  bond retirement fund, the grade crossing protective fund, the high

29  capacity transportation account, the highway bond retirement fund,

30  the highway safety account, the motor vehicle fund, the motorcycle

31  safety education account, the pilotage account, the public

32  transportation systems account, the Puget Sound capital

33  construction account, the Puget Sound ferry operations account,

34  the recreational vehicle account, the rural arterial trust

35  account, the safety and education account, the special category C

36  account, the state patrol highway account, the transportation

37  equipment fund, the transportation fund, the transportation

                               p. 9                       HB 1014

_1  improvement account, the transportation improvement board bond

_2  retirement account, and the urban arterial trust account.

_3      (5) In conformance with Article II, section 37 of the state

_4  Constitution, no treasury accounts or funds shall be allocated

_5  earnings without the specific affirmative directive of this

_6  section.

     

_7      NEW SECTION.  Sec. 5.  Section 3 of this act expires March 1,

_8  2002.

     

_9      NEW SECTION.  Sec. 6.  Section 4 of this act takes effect March

10  1, 2002.

 

‑‑‑ END ‑‑‑

HB 1014                        p. 10