BILL REQ. #: S-4714.1
| State of Washington | 58th Legislature | 2004 Regular Session |
READ FIRST TIME 02/10/04.
AN ACT Relating to opportunities and strategies for improving forest health in Washington; amending RCW 79.15.510 and 79.15.520; adding new sections to chapter 79.10 RCW; creating new sections; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that Washington faces
serious forest health problems where forest land is overcrowded with
trees infested with or susceptible to insects, diseases, wind, ice
storms, and fire. The causes and contributions to these susceptible
conditions include past timber harvesting practices that encouraged
regeneration of an overabundance of low vigor trees, fire suppression,
increasingly complex land management and resource protection goals, and
the amplified risks that occur when the urban interface penetrate
forest land.
NEW SECTION. Sec. 2 The legislature requires that the
commissioner and the department develop and pursue cooperative
agreements with the United States forest service and the United States
bureau of land management using all available means including Title 1
of the national environmental policy act of 1969, as amended, following
the cooperative philosophy embodied in sections 101, 102, 103, 104, and
105. The purpose of these agreements is to enable the department to
effectively participate in land management plans that could affect the
department's strategic plan for healthy forests and effective fire
prevention and suppression. Such government-to-government cooperation
is vital if the condition of the state's public and private forest
lands are to be protected. The commissioner shall report to the chairs
of the house of representatives and senate natural resources committees
every year on progress under this section.
NEW SECTION. Sec. 3 The commissioner is designated the state of
Washington's lead for all forest health issues. The commissioner,
working with the department, must vigorously represent the state's
interest before all local, state, and federal agencies and must develop
formal comments on federal forest management plans and activities. The
commissioner must annually report to the legislature on needed
statutory changes, policy issues, and funding needs.
NEW SECTION. Sec. 4 (1) The commissioner of public lands, as the
legislatively designated lead for forest health issues, must develop a
statewide plan to address forest health on both public and private
lands.
(2) The department of natural resources, working with the forest
practices board, must develop statutory and policy recommendations for
the legislature by November 1, 2004. The purpose of the
recommendations is to greatly expedite the salvage of timber from
disease infested and fire and wind damaged forests on public and
private lands and to make these recommendations in the context of
working with interdisciplinary teams under the forest practices act to
ensure that forest health is achieved with protection of fish,
wildlife, and other public resources.
NEW SECTION. Sec. 5 (1)(a) A work group is created to study
opportunities to improve the forest health issues enumerated in section
1 of this act and to help the commissioner of public lands develop a
strategic plan. The work group is comprised of the following members
who must be selected on the basis of their knowledge of forests and
forest health issues in Washington, all appointed by the commissioner
of public lands:
(i) The commissioner of public lands or the commissioner's
designee, who shall serve as chair;
(ii) A representative of a statewide industrial timber landowners
group;
(iii) A representative of the Washington farm forestry association;
(iv) A representative of the University of Washington college of
forest resources and a representative of the Washington State
University college of agriculture, human and natural resource sciences;
(v) A representative of an environmental organization;
(vi) A representative of a county from east of the crest of the
Cascade mountains with extensive forested areas;
(vii) A representative of a county west of the Cascade mountains
with extensive forested areas;
(viii) A representative of the United States forest service east of
the Cascade mountains and a representative west of the Cascade
mountains shall be asked to participate in the work group;
(ix) Tribal government representatives, one from east of the
Cascade mountains and one from west of the Cascade mountains;
(x) A landowner representative from the small forest landowner
advisory committee established in RCW 76.13.110;
(xi) Two representatives from professional forestry organizations;
(xii) A representative of the governor appointed by the governor;
and
(xiii) A representative of the Washington State University
extension energy program;
(b) The work group shall:
(i) Determine whether the goals and requirements under chapter
76.06 RCW are being met with regard to the identification, designation,
and reduction of significant forest insect and disease threats to
public and private forest resources;
(ii) Study what incentives could be used to assist landowners with
the costs of creating and maintaining forest health;
(iii) Consider how state, federal, and private forest landowners
could be regulated and forest health monitored with respect to forest
health condition standards;
(iv) Identify opportunities and barriers for improved prevention of
losses of public and private resources to forest insects, diseases,
wind, and fire;
(v) Assist the commissioner in developing a strategic plan for
increasing forest resistance and resilience to forest insects, disease,
wind, and fire in Washington;
(vi) No later than December 30, 2004, prepare and submit to the
legislature its findings and legislation necessary to implement the
program; and
(vii) Develop funding alternatives for consideration by the
legislature.
(2) The department of natural resources shall provide technical and
staff support for the work group from existing staff.
(3) As part of this process, the department of natural resources
must analyze the state noxious weed control statutes and procedures and
the extreme hazard regulations adopted under the forest protection laws
to develop legislative recommendations by December 30, 2004, to
establish a similar system to allow control and appropriate billing for
all landowners who fail to address forest health issues on their lands.
NEW SECTION. Sec. 6 Funding for the requirements of this act
shall come from the landowner contingency forest fire suppression
account, the resource management cost account, the general fund, and
the forest development account with the division of withdrawal
determined by the commissioner of public lands and the office of
financial management. The commissioner of public lands must also seek
additional private and government funding for the forest health
program.
NEW SECTION. Sec. 7 (1) The legislature intends to ensure that
trust beneficiaries receive long-term income from timber lands through
improved forest conditions and by reducing the threat of forest fire to
state trust forest lands.
(2) In order to implement the intent of subsection (1) of this
section, the department of natural resources shall initiate contract
harvesting timber sales in Loomis state forest. The contracts must be
used to restore healthy timber stocking levels and timber stand
conditions on state trust lands. The timber sale contracts must
encompass at least five thousand acres which must be representative of
the larger conditions in the Loomis state forest. The purpose of the
timber sale contracts is to achieve a healthy forest stand condition
consistent with the existing Loomis state forest plan.
Sec. 8 RCW 79.15.510 and 2003 c 313 s 3 are each amended to read
as follows:
(1) The department may establish a contract harvesting program by
directly contracting for the removal of timber and other valuable
materials from state lands. The department may also use contract
harvesting to implement silvicultural treatments necessary to improve
forest health.
(2) The contract requirements must be compatible with the office of
financial management's guide to public service contracts.
(3) ((The department may not use contract harvesting for more than
ten percent of the total annual volume of timber offered for sale.))
The board shall periodically determine the total annual volume of
timber to be offered by the department for sale through contract
harvesting.
Sec. 9 RCW 79.15.520 and 2003 c 313 s 4 are each amended to read
as follows:
The contract harvesting revolving account is created in the custody
of the state treasurer. All receipts from the gross proceeds of the
sale of logs from a contract harvesting sale must be deposited into the
account. Expenditures from the account may be used only for the
payment of harvesting costs incurred on contract harvesting sales and
for payment of costs incurred from silvicultural treatments necessary
to improve forest health. Only the commissioner or the commissioner's
designee may authorize expenditures from the account. The board of
natural resources has oversight of the account, and the commissioner
must periodically report to the board of natural resources as to the
status of the account, its disbursement, and receipts. The account is
subject to allotment procedures under chapter 43.88 RCW, but an
appropriation is not required for expenditures.
When the logs from a contract harvesting sale are sold, the gross
proceeds must be deposited into the contract harvesting revolving
account. Moneys equal to the harvesting costs must be retained in the
account and be deducted from the gross proceeds to determine the net
proceeds. The net proceeds from the sale of the logs must be
distributed in accordance with RCW ((43.85.130)) 43.30.325(1)(b). The
final receipt of gross proceeds on a contract harvesting sale must be
retained in the contract harvesting revolving account until all
required costs for that sale have been paid. The contract harvesting
revolving account is an interest-bearing account and the interest must
be credited to the account. The account balance may not exceed one
million dollars at the end of each fiscal year. Moneys in excess of
one million dollars must be disbursed according to RCW ((76.12.030,
76.12.120)) 79.22.040, 79.22.050, and 79.64.040. If the department
permanently discontinues the use of contract harvesting sales, any sums
remaining in the contract harvesting revolving account must be returned
to the resource management cost account and the forest development
account in proportion to each account's contribution to the initial
balance of the contract harvesting revolving account.
NEW SECTION. Sec. 10 Sections 2 and 3 of this act are each added
to chapter
NEW SECTION. Sec. 11 This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect
immediately.