BILL REQ. #: S-3518.5
| State of Washington | 58th Legislature | 2004 Regular Session |
Read first time 01/12/2004. Referred to Committee on Natural Resources, Energy & Water.
AN ACT Relating to opportunities and strategies for improving forest health in Washington; amending RCW 76.04.630; adding new sections to chapter 79.10 RCW; creating new sections; making appropriations; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature requires that the
commissioner and the department develop and pursue approval of
cooperative agreements with the United States forest service and the
United States bureau of land management using Title 1 of the national
environmental policy act of 1969, as amended, specifically using
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 six months on progress
under this section.
NEW SECTION. Sec. 2 The commissioner is designated the state of
Washington's lead for all forest health issues. The commissioner,
working with the state forester and 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. 3 (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. As part of this process, the state forester, with assistance
from the department of natural resources, must analyze the state
noxious weed control statutes and procedures and the extreme hazard
regulations adopted under the forest practices act to develop
legislative recommendations by November 1, 2004, to establish a similar
system to allow control and appropriate billing for those government
landowners who fail to address forest health issues on public 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.
NEW SECTION. Sec. 4 (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, 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, fuel accumulation due to fire
suppression, increasingly complex land management and resource
protection goals, and the amplified risks that occur when the urban
interface penetrate forest land.
(2)(a) A work group is created to study opportunities to improve
the forest health issues enumerated in subsection (1) of this section
and to develop a strategic plan. The work group is comprised of the
following members, all appointed by the commissioner of public lands:
(i) The commissioner of public lands, who shall serve as chair;
(ii) A representative of a statewide industrial landowners group;
(iii) A representative of the governor;
(iv) A representative of a statewide association of small forest
landowners;
(v) 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;
(vi) A representative of an environmental organization;
(vii) A representative from a county from east of the crest of the
Cascade mountains with extensive forested areas;
(viii) A representative from a county west of the Cascade mountains
with extensive forested areas;
(ix) A representative of the United States forest service east of
the Cascade mountains and a representative west of the Cascade
mountains;
(x) Tribal government representatives, one from east of the Cascade
mountains and one from west of the Cascade mountains;
(xi) A landowner representative from the small forest landowner
advisory committee established in RCW 76.13.110; and
(xii) Two representatives from professional forestry organizations.
(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) Consider how state, federal, and private forest landowners
could be regulated with respect to forest health condition standards;
(iii) Identify opportunities and barriers for improved prevention
of losses of public and private resources to forest insects, diseases,
wind, and fire;
(iv) Develop a strategic plan for increasing forest resistance and
resilience to forest insects, disease, wind, and fire in Washington;
(v) No later than October 15, 2004, prepare and submit to the
legislature its findings and legislation necessary to implement the
program; and
(vi) Develop funding alternatives for consideration by the
legislature.
(3) The department of natural resources shall provide technical and
staff support for the work group from existing staff.
NEW SECTION. Sec. 5 Funding for the requirements of sections 3
and 4 of this act shall come from the landowner contingency forest fire
suppression account, the resource management cost account, and the
forest development account with the division of withdrawal determined
by the commissioner of public lands and the legislature. The
commissioner of public lands must also seek additional private and
government funding for the forest health program.
Sec. 6 RCW 76.04.630 and 1993 c 36 s 2 are each amended to read
as follows:
There is created a landowner contingency forest fire suppression
account in the state treasury. Moneys in the account may be spent only
as provided in this section. Disbursements from the account shall be
on authorization of the commissioner of public lands or the
commissioner's designee. The account is subject to the allotment
procedure provided under chapter 43.88 RCW, but no appropriation is
required for disbursements.
The department may expend from this account the amounts as may be
available and as it considers appropriate for the payment of emergency
fire costs resulting from a participating landowner fire. The
department may, when moneys are available from the landowner
contingency forest fire suppression account, expend moneys for
summarily abating, isolating, or reducing an extreme fire hazard under
RCW 76.04.660. The department may also expend money from the account
for forest health improvement activities. All moneys recovered as a
result of the department's actions, from the owner or person
responsible, under RCW 76.04.660 shall be deposited in the landowner
contingency forest fire suppression account.
When a determination is made that the fire was started by other
than a landowner operation, moneys expended from this account in the
suppression of such fire shall be recovered from the general fund
appropriations as may be available for emergency fire suppression
costs. The department shall deposit in the landowner contingency
forest fire suppression account moneys paid out of the account which
are later recovered, less reasonable costs of recovery.
This account shall be established and renewed by an annual special
forest fire suppression account assessment paid by participating
landowners at a rate to be established by the department. In
establishing assessments, the department shall seek to establish and
thereafter reestablish a balance in the account of three million
dollars. The department may establish a flat fee assessment of no more
than seven dollars and fifty cents for participating landowners owning
parcels of fifty acres or less. For participating landowners owning
parcels larger than fifty acres, the department may charge the flat fee
assessment plus a per acre assessment for every acre over fifty acres.
The per acre assessment established by the department may not exceed
fifteen cents per acre per year. The assessments may differ to
equitably distribute the assessment based on emergency fire suppression
cost experience necessitated by landowner operations. Amounts assessed
for this account shall be a lien upon the forest lands with respect to
which the assessment is made and may be collected as directed by the
department in the same manner as forest protection assessments.
Payment of emergency costs from this account shall in no way restrict
the right of the department to recover costs pursuant to RCW 76.04.495
or other laws.
When the department determines that a forest fire was started in
the course of or as a result of a landowner operation, it shall notify
the forest fire advisory board of the determination. The determination
shall be final, unless, within ninety days of the notification, the
forest fire advisory board or an interested party serves a request for
a hearing before the department. The hearing shall constitute an
adjudicative proceeding under chapter 34.05 RCW, the administrative
procedure act, and an appeal shall be in accordance with RCW 34.05.510
through 34.05.598.
NEW SECTION. Sec. 7 (1) The legislature intends, by authorizing
the pilot project in subsection (2) of this section, 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) The department of natural resources shall initiate a pilot
project in the Loomis state forest in 2004 to explore the use of
stewardship contracts similar to those used by the United States forest
service. The contracts must be used to restore healthy timber stocking
levels and timber stand conditions on state trust lands. The pilot
project must encompass at least five thousand acres which must be
representative of the larger conditions in the Loomis state forest.
The purpose of the pilot project is to achieve a healthy forest stand
condition consistent with the existing Loomis state forest plan. Costs
or revenues associated with the contract for this pilot project must be
assigned to the trust ownership involved.
NEW SECTION. Sec. 8 Sections 1 and 2 of this act are each added
to chapter
NEW SECTION. Sec. 9 The sum of fifty thousand dollars, or as
much thereof as may be necessary, is appropriated for the biennium
ending June 30, 2005, from the forest development account to the
department of natural resources for the purposes of this act.
NEW SECTION. Sec. 10 The sum of fifty thousand dollars, or as
much thereof as may be necessary, is appropriated for the biennium
ending June 30, 2005, from the landowner contingency forest fire
suppression account to the department of natural resources for the
purposes of this act.
NEW SECTION. Sec. 11 The sum of fifty thousand dollars, or as
much thereof as may be necessary, is appropriated for the biennium
ending June 30, 2005, from the resource management cost account to the
department of natural resources for the purposes of this act.
NEW SECTION. Sec. 12 The sum of fifty thousand dollars, or as
much thereof as may be necessary, is appropriated for the fiscal year
ending June 30, 2005, from the general fund to the department of
natural resources for the purposes of this act.
NEW SECTION. Sec. 13 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.