AN
ACT Relating to the growing of short-rotation hardwood trees on agricultural
land; and amending RCW 84.33.035, 76.09.020, and 82.04.213.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
84.33.035 and 1995 c 165 s 1 are each amended to read as follows:
Unless
the context clearly requires otherwise, the definitions in this section apply
throughout this chapter.
(1)
"Agricultural methods" means the cultivation of trees that are grown
on land prepared by intensive cultivation and tilling, such as irrigating,
plowing, or turning over the soil, and on which all unwanted plant growth is
controlled continuously for the exclusive purpose of raising trees such as
Christmas trees and short-rotation hardwoods.
(2)
"Composite property tax rate" for a county means the total amount of
property taxes levied upon forest lands by all taxing districts in the county
other than the state, divided by the total assessed value of all forest land in
the county.
(3)
"Forest land" means forest land which is classified or designated
forest land under this chapter.
(4)
"Harvested" means the time when in the ordinary course of business
the quantity of timber by species is first definitely determined. The amount
harvested shall be determined by the Scribner Decimal C Scale or other
prevalent measuring practice adjusted to arrive at substantially equivalent
measurements, as approved by the department of revenue.
(5)
"Harvester" means every person who from the person's own land or from
the land of another under a right or license granted by lease or contract,
either directly or by contracting with others for the necessary labor or
mechanical services, fells, cuts, or takes timber for sale or for commercial or
industrial use: PROVIDED, That whenever the United States or any
instrumentality thereof, the state, including its departments and institutions
and political subdivisions, or any municipal corporation therein so fells,
cuts, or takes timber for sale or for commercial or industrial use, the
harvester is the first person other than the United States or any
instrumentality thereof, the state, including its departments and institutions
and political subdivisions, or any municipal corporation therein, who acquires
title to or a possessory interest in such timber. The term
"harvester" does not include persons performing under contract the
necessary labor or mechanical services for a harvester.
(6)
"Short-rotation hardwoods" means hardwood trees, such as but not
limited to hybrid cottonwoods, cultivated by agricultural methods in growing
cycles shorter than ((ten)) fifteen years.
(7)
"Stumpage value of timber" means the appropriate stumpage value shown
on tables prepared by the department of revenue under RCW 84.33.091, provided
that for timber harvested from public land and sold under a competitive bidding
process, stumpage value shall mean that actual amount paid to the seller in
cash or other consideration. Whenever payment for the stumpage includes
considerations other than cash, the value shall be the fair market value of the
other consideration, provided that if the other consideration is permanent
roads, the value of the roads shall be the appraised value as appraised by the
seller.
(8)
"Timber" means forest trees, standing or down, on privately or
publicly owned land, and except as provided in RCW 84.33.170 includes Christmas
trees and short-rotation hardwoods.
(9)
"Timber assessed value" for a county means a value, calculated by the
department of revenue before October 1 of each year, equal to the total
stumpage value of timber harvested from privately owned land in the county
during the most recent four calendar quarters for which the information is
available multiplied by a ratio. The numerator of the ratio is the rate of tax
imposed by the county under RCW 84.33.051 for the year of the calculation. The
denominator of the ratio is the composite property tax rate for the county for
taxes due in the year of the calculation, expressed as a percentage of assessed
value.
(10)
"Timber assessed value" for a taxing district means the timber
assessed value for the county multiplied by a ratio. The numerator of the
ratio is the total assessed value of forest land in the taxing district. The
denominator is the total assessed value of forest land in the county. As used
in this section, "assessed value of forest land" means the assessed
value of forest land for taxes due in the year the timber assessed value for
the county is calculated.
Sec.
2. RCW
76.09.020 and 1999 sp.s. c 4 s 301 are each amended to read as follows:
For
purposes of this chapter:
(1)
"Adaptive management" means reliance on scientific methods to test
the results of actions taken so that the management and related policy can be
changed promptly and appropriately.
(2)
"Appeals board" means the forest practices appeals board created by
RCW 76.09.210.
(3)
"Aquatic resources" includes water quality, salmon, other species of
the vertebrate classes Cephalaspidomorphi and Osteichthyes identified in the
forests and fish report, the Columbia torrent salamander (Rhyacotriton
kezeri), the Cascade torrent salamander (Rhyacotriton cascadae), the
Olympic torrent salamander (Rhyacotriton olympian), the Dunn's
salamander (Plethodon dunni), the Van Dyke's salamander (Plethodon
vandyke), the tailed frog (Ascaphus truei), and their respective
habitats.
(4)
"Commissioner" means the commissioner of public lands.
(5)
"Contiguous" means 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.
(6)
"Conversion to a use other than commercial timber operation" means a
bona fide conversion to an active use which is incompatible with timber growing
and as may be defined by forest practices rules.
(7)
"Department" means the department of natural resources.
(8)
"Forest land" means 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.
(9)
"Forest landowner" means 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.
(10)
"Forest practice" means 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;
(c)
Precommercial thinning;
(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.
(11)
"Forest practices rules" means any rules adopted pursuant to RCW
76.09.040.
(12)
"Forest trees" does not include hardwood trees cultivated by
agricultural methods in growing cycles shorter than fifteen years if the trees
were planted on land that was not in forest use immediately before the trees
were planted and before the land was prepared for planting the trees.
"Forest trees" includes Christmas trees.
(13)
"Forests and fish report" means the forests and fish report to the
board dated April 29, 1999.
(((13)))
(14) "Application" means the application required pursuant to
RCW 76.09.050.
(((14)))
(15) "Operator" means any person engaging in forest practices
except an employee with wages as his or her sole compensation.
(((15)))
(16) "Person" means 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.
(((16)))
(17) "Public resources" means water, fish and wildlife, and in
addition shall mean capital improvements of the state or its political
subdivisions.
(((17)))
(18) "Timber" means forest trees, standing or down, of a
commercial species, including Christmas trees.
(((18)))
(19) "Timber owner" means 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.
(((19)))
(20) "Board" means the forest practices board created in RCW
76.09.030.
(((20)))
(21) "Unconfined avulsing channel migration zone" means the
area within which the active channel of an unconfined avulsing stream is prone
to move and where the movement would result in a potential near-term loss of
riparian forest adjacent to the stream. Sizeable islands with productive
timber may exist within the zone.
(((21)))
(22) "Unconfined avulsing stream" means generally fifth order
or larger waters that experience abrupt shifts in channel location, creating a
complex flood plain characterized by extensive gravel bars, disturbance species
of vegetation of variable age, numerous side channels, wall-based channels,
oxbow lakes, and wetland complexes. Many of these streams have dikes and
levees that may temporarily or permanently restrict channel movement.
Sec.
3. RCW
82.04.213 and 1993 sp.s. c 25 s 302 are each amended to read as follows:
(1)
"Agricultural product" means any product of plant cultivation or
animal husbandry including, but not limited to: A product of horticulture,
grain cultivation, vermiculture, viticulture, or aquaculture as defined in RCW
15.85.020; plantation Christmas trees; short-rotation hardwoods as defined
in RCW 84.33.035; turf; or any animal including but not limited to an
animal that is a private sector cultured aquatic product as defined in RCW
15.85.020, or a bird, or insect, or the substances obtained from such an
animal. "Agricultural product" does not include animals intended to
be pets.
(2)
"Farmer" means any person engaged in the business of growing or
producing, upon the person's own lands or upon the lands in which the person
has a present right of possession, any agricultural product whatsoever for
sale. "Farmer" does not include a person using such products as ingredients
in a manufacturing process, or a person growing or producing such products for
the person's own consumption. "Farmer" does not include a person
selling any animal or substance obtained therefrom in connection with the
person's business of operating a stockyard or a slaughter or packing house.
"Farmer" does not include any person in respect to the business of
taking, cultivating, or raising timber.
