5144-SAMHAGNRH2708.1SSB 5144H COMM AMDBy Committee on Agriculture & Natural ResourcesADOPTED 04/16/2003 Strike everything after the enacting clause and insert thefollowing:Sec. RCW 76.06.010 and 1951 c 233 s 1 are each amended to readas follows: The legislature finds and declares that: (1) Forest insects and forest tree diseases which threaten thepermanent timber production of the forested areas of the state ofWashington are ((hereby declared to be)) a public nuisance. (2) Exotic forest insects or diseases, even in small numbers, canconstitute serious threats to native forests. Native tree species maylack natural immunity. There are often no natural control agents suchas diseases, predators, or parasites to limit populations of exoticforest insects or diseases. Exotic forest insects or diseases can alsooutcompete, displace, or destroy habitat of native species. It is inthe public interest to identify, control, and eradicate outbreaks ofexotic forest insects or diseases that threaten the diversity,abundance, and survivability of native forest trees and theenvironment.Sec. RCW 76.06.020 and 2000 c 11 s 2 are each amended to readas follows: ((As used in)) The definitions in this section apply throughoutthis chapter((:)) unless the context clearly requires otherwise. (1) "Agent" means the recognized legal representative,representatives, agent, or agents for any owner((;)). (2) "Department" means the department of natural resources((;)). (3) "Owner" means and includes ((individuals, partnerships,corporations, and associations;)) persons or their agents. (4) "Timber land" means any land on which there is a sufficientnumber of trees, standing or down, to constitute, in the judgment of 1 the department, a forest insect or forest disease breeding ground of anature to constitute a menace, injurious and dangerous to permanentforest growth in the district under consideration. (5) "Commissioner" means the commissioner of public lands. (6) "Exotic" means not native to forest lands in Washington state. (7) "Forest land" means any land on which there are sufficientnumbers and distribution of trees and associated species to, in thejudgment of the department, contribute to the spread of forest insector forest disease outbreaks that could be injurious to forest health. (8) "Forest health" means the condition of a forest being sound inecological function, sustainable, resilient, and resistant to insects,diseases, fire, and other disturbance, and having the capacity to meetlandowner objectives. (9) "Forest health emergency" means the introduction of, or anoutbreak of, an exotic forest insect or disease that poses an imminentdanger of damage to the environment by threatening the survivability ofnative tree species. (10) "Forest insect or disease" means a living stage of an insect,other invertebrate animal, or diseasecausing organism or agent thatcan directly or indirectly injure or cause disease or damage in trees,or parts of trees, or in processed or manufactured wood, or otherproducts of trees. (11) "Integrated pest management" means a strategy that usesvarious combinations of pest control methods, including biological,cultural, and chemical methods, in a compatible manner to achievesatisfactory control and ensure favorable economic and environmentalconsequences. (12) "Native" means having populated Washington's forested landsprior to European settlement. (13) "Outbreak" means a rapidly expanding population of insects ordiseases with potential to spread. (14) "Person" means any individual, partnership, private, public,or municipal corporation, county, federal, state, or local governmentalagency, tribes, or association of individuals of whatever nature.NEW SECTION.Sec. A new section is added to chapter 76.06 RCWto read as follows: 2 The department is authorized to contribute resources and expertiseto assist the department of agriculture in control or eradicationefforts authorized under chapter 17.24 RCW in order to protect forestlands of the state. If either the department of agriculture has not taken action underchapter 17.24 RCW or the commissioner finds that additional efforts arerequired to control or prevent an outbreak of an exotic forest insector disease which has not become so habituated that it can no longer be eradicated and that poses an imminent danger of damage to the forestedenvironment by threatening the diversity, abundance, and survivabilityof native tree species, or both, the commissioner may declare a foresthealth emergency. Upon declaration of a forest health emergency, the department mustdelineate the area at risk and determine the most appropriateintegrated pest management methods to control the outbreak, inconsultation with other interested agencies, affected tribes, andaffected forest landowners. The department must notify affected forestlandowners of its intent to conduct control operations. Upon declaration of a forest health emergency by the commissioner,the department is authorized to enter into agreements with forestlandowners, companies, individuals, tribal entities, and federal,state, and local agencies to accomplish control of exotic forestinsects or diseases on any affected forest lands using such funds ashave been, or may be, made available. The department must proceed with the control of the exotic forestinsects or diseases on affected nonfederal and nontribal forest landswith or without the cooperation of the owner. The department mayreimburse cooperating forest landowners and agencies for actual cost ofequipment, labor, and materials utilized in cooperative exotic forestinsect or disease control projects, as agreed to by the department. A forest health emergency no longer exists when the departmentfinds that the exotic forest insect or disease has been controlled oreradicated, that the imminent threat no longer exists, or that there isno longer good likelihood of effective control. Nothing under this chapter diminishes the authority andresponsibility of the department of agriculture under chapter 17.24RCW. 3 Sec. RCW 76.09.050 and 2002 c 121 s 1 are each amended to readas follows: (1) The board shall establish by rule which forest practices shallbe included within each of the following classes: Class I: Minimal or specific forest practices that have no directpotential for damaging a public resource and that may be conductedwithout submitting an application or a notification except that whenthe regulating authority is transferred to a local governmental entity,those Class I forest practices that involve timber harvesting or roadconstruction within "urban growth areas," designated pursuant tochapter 36.70A RCW, are processed as Class IV forest practices, but arenot subject to environmental review under chapter 43.21C RCW; Class II: Forest practices which have a less than ordinarypotential for damaging a public resource that may be conducted withoutsubmitting an application and may begin five calendar days, or suchlesser time as the department may determine, after written notificationby the operator, in the manner, content, and form as prescribed by thedepartment, is received by the department. However, the work may notbegin until all forest practice fees required under RCW 76.09.065 havebeen received by the department. Class II shall not include forestpractices: (a) On lands platted after January 1, 1960, as provided in chapter58.17 RCW or on lands that have or are being converted to another use; (b) Which require approvals under the provisions of the hydraulicsact, RCW 77.55.100; (c) Within "shorelines of the state" as defined in RCW 90.58.030; (d) Excluded from Class II by the board; or (e) Including timber harvesting or road construction within "urbangrowth areas," designated pursuant to chapter 36.70A RCW, which areClass IV; Class III: Forest practices other than those contained in Class I,II, or IV. A Class III application must be approved or disapproved bythe department within thirty calendar days from the date the departmentreceives the application. However, the applicant may not begin work onthat forest practice until all forest practice fees required under RCW76.09.065 have been received by the department; 4 Class IV: Forest practices other than those contained in Class Ior II: (a) On lands platted after January 1, 1960, as provided inchapter 58.17 RCW, (b) on lands that have or are being converted toanother use, (c) on lands which, pursuant to RCW 76.09.070 as now orhereafter amended, are not to be reforested because of the likelihoodof future conversion to urban development, (d) involving timberharvesting or road construction on lands that are contained within"urban growth areas," designated pursuant to chapter 36.70A RCW, exceptwhere the forest landowner provides: (i) A written statement of intentsigned by the forest landowner not to convert to a use other thancommercial forest product operations for ten years, accompanied byeither a written forest management plan acceptable to the department ordocumentation that the land is enrolled under the provisions of chapter84.33 RCW; or (ii) a conversion option harvest plan approved by thelocal governmental entity and submitted to the department as part ofthe application, and/or (e) which have a potential for a substantialimpact on the environment and therefore require an evaluation by thedepartment as to whether or not a detailed statement must be preparedpursuant to the state environmental policy act, chapter 43.21C RCW.Such evaluation shall be made within ten days from the date thedepartment receives the application: PROVIDED, That nothing hereinshall be construed to prevent any local or regional governmental entityfrom determining that a detailed statement must be prepared for anaction pursuant to a Class IV forest practice taken by thatgovernmental entity concerning the land on which forest practices willbe conducted. A Class IV application must be approved or disapprovedby the department within thirty calendar days from the date thedepartment receives the application, unless the department determinesthat a detailed statement must be made, in which case the applicationmust be approved or disapproved by the department within sixty calendardays from the date the department receives the application, unless thecommissioner of public lands, through the promulgation of a formalorder, determines that the process cannot be completed within suchperiod. However, the applicant may not begin work on that forestpractice until all forest practice fees required under RCW 76.09.065have been received by the department. 5 Forest practices under Classes I, II, and III are exempt from therequirements for preparation of a detailed statement under the stateenvironmental policy act. (2) Except for those forest practices being regulated by localgovernmental entities as provided elsewhere in this chapter, no ClassII, Class III, or Class IV forest practice shall be commenced orcontinued after January 1, 1975, unless the department has received anotification with regard to a Class II forest practice or approved anapplication with regard to a Class III or Class IV forest practicecontaining all information required by RCW 76.09.060 as now orhereafter amended. However, in the event forest practices regulationsnecessary for the scheduled implementation of this chapter and RCW90.48.420 have not been adopted in time to meet such schedules, thedepartment shall have the authority to regulate forest practices andapprove applications on such terms and conditions consistent with thischapter and RCW 90.48.420 and the purposes and policies of RCW76.09.010 until applicable forest practices regulations are in effect. (3) Except for those forest practices being regulated by localgovernmental entities as provided elsewhere in this chapter, if anotification or application is delivered in person to the department bythe operator or the operator's agent, the department shall immediatelyprovide a dated receipt thereof. In all other cases, the departmentshall immediately mail a dated receipt to the operator. (4) Except for those forest practices being regulated by localgovernmental entities as provided elsewhere in this chapter, forestpractices shall be conducted in accordance with the forest practicesregulations, orders and directives as authorized by this chapter or theforest practices regulations, and the terms and conditions of anyapproved applications. (5) Except for those forest practices being regulated by localgovernmental entities as provided elsewhere in this chapter, thedepartment of natural resources shall notify the applicant in writingof either its approval of the application or its disapproval of theapplication and the specific manner in which the application fails tocomply with the provisions of this section or with the forest practicesregulations. Except as provided otherwise in this section, if thedepartment fails to either approve or disapprove an application or any 6 portion thereof within the applicable time limit, the application shallbe deemed approved and the operation may be commenced: PROVIDED, Thatthis provision shall not apply to applications which are neitherapproved nor disapproved pursuant to the provisions of subsection (7)of this section: PROVIDED, FURTHER, That if seasonal field conditionsprevent the department from being able to properly evaluate theapplication, the department may issue an approval conditional uponfurther review within sixty days: PROVIDED, FURTHER, That thedepartment shall have until April 1, 1975, to approve or disapprove anapplication involving forest practices allowed to continue to April 1,1975, under the provisions of subsection (2) of this section. Uponreceipt of any notification or any satisfactorily completed applicationthe department shall in any event no later than two business days aftersuch receipt transmit a copy to the departments of ecology and fish andwildlife, and to the county, city, or town in whose jurisdiction theforest practice is to be commenced. Any comments by such agenciesshall be directed to the department of natural resources. (6) For those forest practices regulated by the board and thedepartment, if the county, city, or town believes that an applicationis inconsistent with this chapter, the forest practices regulations, orany local authority consistent with RCW 76.09.240 as now or hereafteramended, it may so notify the department and the applicant, specifyingits objections. (7) For those forest practices regulated by the board and thedepartment, the department shall not approve portions of applicationsto which a county, city, or town objects if: (a) The department receives written notice from the county, city,or town of such objections within fourteen business days from the timeof transmittal of the application to the county, city, or town, or oneday before the department acts on the application, whichever is later;and (b) The objections relate to lands either: (i) Platted after January 1, 1960, as provided in chapter 58.17RCW; or (ii) On lands that have or are being converted to another use. The department shall either disapprove those portions of suchapplication or appeal the county, city, or town objections to the 7 appeals board. If the objections related to subparagraphs (b)(i) and(ii) of this subsection are based on local authority consistent withRCW 76.09.240 as now or hereafter amended, the department shalldisapprove the application until such time as the county, city, or townconsents to its approval or such disapproval is reversed on appeal.The applicant shall be a party to all department appeals of county,city, or town objections. Unless the county, city, or town eitherconsents or has waived its rights under this subsection, the departmentshall not approve portions of an application affecting such lands untilthe minimum time for county, city, or town objections has expired. (8) For those forest practices regulated by the board and thedepartment, in addition to any rights under the above paragraph, thecounty, city, or town may appeal any department approval of anapplication with respect to any lands within its jurisdiction. Theappeals board may suspend the department's approval in whole or in partpending such appeal where there exists potential for immediate andmaterial damage to a public resource. (9) For those forest practices regulated by the board and thedepartment, appeals under this section shall be made to the appealsboard in the manner and time provided in RCW 76.09.220(8). In suchappeals there shall be no presumption of correctness of either thecounty, city, or town or the department position. (10) For those forest practices regulated by the board and thedepartment, the department shall, within four business days notify thecounty, city, or town of all notifications, approvals, and disapprovalsof an application affecting lands within the county, city, or town,except to the extent the county, city, or town has waived its right tosuch notice. (11) For those forest practices regulated by the board and thedepartment, a county, city, or town may waive in whole or in part itsrights under this section, and may withdraw or modify any such waiver,at any time by written notice to the department. (12) Notwithstanding subsections (2) through (5) of this section,forest practices applications or notifications are not required forexotic insect and disease control operations conducted in accordancewith RCW 76.09.060(8) where eradication can reasonably be expected. 8 Sec. RCW 76.09.060 and 1997 c 290 s 3 and 1997 c 173 s 3 areeach reenacted and amended to read as follows: The following shall apply to those forest practices administeredand enforced by the department and for which the board shall promulgateregulations as provided in this chapter: (1) The department shall prescribe the form and contents of thenotification and application. The forest practices rules shall specifyby whom and under what conditions the notification and applicationshall be signed or otherwise certified as acceptable. The applicationor notification shall be delivered in person to the department, sent byfirst class mail to the department or electronically filed in a formdefined by the department. The form for electronic filing shall bereadily convertible to a paper copy, which shall be available to thepublic pursuant to chapter 42.17 RCW. The information required mayinclude, but is not limited to: (a) Name and address of the forest landowner, timber owner, andoperator; (b) Description of the proposed forest practice or practices to beconducted; (c) Legal description and tax parcel identification numbers of theland on which the forest practices are to be conducted; (d) Planimetric and topographic maps showing location and size ofall lakes and streams and other public waters in and immediatelyadjacent to the operating area and showing all existing and proposedroads and major tractor roads; (e) Description of the silvicultural, harvesting, or other forestpractice methods to be used, including the type of equipment to be usedand materials to be applied; (f) Proposed plan for reforestation and for any revegetationnecessary to reduce erosion potential from roadsides and yarding roads,as required by the forest practices rules; (g) Soil, geological, and hydrological data with respect to forestpractices; (h) The expected dates of commencement and completion of all forestpractices specified in the application; (i) Provisions for continuing maintenance of roads and other 9 construction or other measures necessary to afford protection to publicresources; (j) An affirmation that the statements contained in thenotification or application are true; and (k) All necessary application or notification fees. (2) Long range plans may be submitted to the department for reviewand consultation. (3) The application for a forest practice or the notification of aClass II forest practice is subject to the threeyear reforestationrequirement. (a) If the application states that any such land will be or isintended to be so converted: (i) The reforestation requirements of this chapter and of theforest practices rules shall not apply if the land is in fact soconverted unless applicable alternatives or limitations are provided inforest practices rules issued under RCW 76.09.070 as now or hereafteramended; (ii) Completion of such forest practice operations shall be deemedconversion of the lands to another use for purposes of chapters 84.33and 84.34 RCW unless the conversion is to a use permitted under acurrent use tax agreement permitted under chapter 84.34 RCW; (iii) The forest practices described in the application are subjectto applicable county, city, town, and regional governmental authoritypermitted under RCW 76.09.240 as now or hereafter amended as well asthe forest practices rules. (b) Except as provided elsewhere in this section, if theapplication or notification does not state that any land covered by theapplication or notification will be or is intended to be so converted: (i) For six years after the date of the application the county,city, town, and regional governmental entities shall deny any or allapplications for permits or approvals, including building permits andsubdivision approvals, relating to nonforestry uses of land subject tothe application; (A) The department shall submit to the local governmental entity acopy of the statement of a forest landowner's intention not to convertwhich shall represent a recognition by the landowner that the sixyearmoratorium shall be imposed and shall preclude the landowner's ability 10 to obtain development permits while the moratorium is in place. Thisstatement shall be filed by the local governmental entity with thecounty recording officer, who shall record the documents as provided inchapter 65.04 RCW, except that lands designated as forest lands oflongterm commercial significance under chapter 36.70A RCW shall not berecorded due to the low likelihood of conversion. Not recording thestatement of a forest landowner's conversion intention shall not beconstrued to mean the moratorium is not in effect. (B) The department shall collect the recording fee and reimbursethe local governmental entity for the cost of recording theapplication. (C) When harvesting takes place without an application, the localgovernmental entity shall impose the sixyear moratorium provided in(b)(i) of this subsection from the date the unpermitted harvesting wasdiscovered by the department or the local governmental entity. (D) The local governmental entity shall develop a process forlifting the sixyear moratorium, which shall include publicnotification, and procedures for appeals and public hearings. (E) The local governmental entity may develop an administrativeprocess for lifting or waiving the sixyear moratorium for the purposesof constructing a singlefamily residence or outbuildings, or both, ona legal lot and building site. Lifting or waiving of the sixyearmoratorium is subject to compliance with all local ordinances. (F) The sixyear moratorium shall not be imposed on a forestpractices application that contains a conversion option harvest planapproved by the local governmental entity unless the forest practicewas not in compliance with the approved forest practice permit. Wherenot in compliance with the conversion option harvest plan, the sixyearmoratorium shall be imposed from the date the application was approvedby the department or the local governmental entity; (ii) Failure to comply with the reforestation requirementscontained in any final order or decision shall constitute a removal ofdesignation under the provisions of RCW 84.33.140, and a change of useunder the provisions of RCW 84.34.080, and, if applicable, shallsubject such lands to the payments and/or penalties resulting from suchremovals or changes; and 11 (iii) Conversion to a use other than commercial forest productoperations within six years after approval of the forest practiceswithout the consent of the county, city, or town shall constitute aviolation of each of the county, municipal city, town, and regionalauthorities to which the forest practice operations would have beensubject if the application had so stated. (c) The application or notification shall be signed by the forestlandowner and accompanied by a statement signed by the forest landownerindicating his or her intent with respect to conversion andacknowledging that he or she is familiar with the effects of thissubsection. (4) Whenever an approved application authorizes a forest practicewhich, because of soil condition, proximity to a water course or otherunusual factor, has a potential for causing material damage to a publicresource, as determined by the department, the applicant shall, whenrequested on the approved application, notify the department two daysbefore the commencement of actual operations. (5) Before the operator commences any forest practice in a manneror to an extent significantly different from that described in apreviously approved application or notification, there shall besubmitted to the department a new application or notification form inthe manner set forth in this section. (6) Except as provided in RCW 76.09.350(4), the notification to orthe approval given by the department to an application to conduct aforest practice shall be effective for a term of two years from thedate of approval or notification and shall not be renewed unless a newapplication is filed and approved or a new notification has been filed.At the option of the applicant, an application or notification may besubmitted to cover a single forest practice or a number of forestpractices within reasonable geographic or political boundaries asspecified by the department. An application or notification thatcovers more than one forest practice may have an effective term of morethan two years. The board shall adopt rules that establish standardsand procedures for approving an application or notification that has aneffective term of more than two years. Such rules shall includeextended time periods for application or notification approval or 12 disapproval. On an approved application with a term of more than twoyears, the applicant shall inform the department before commencingoperations. (7) Notwithstanding any other provision of this section, no priorapplication or notification shall be required for any emergency forestpractice necessitated by fire, flood, windstorm, earthquake, or otheremergency as defined by the board, but the operator shall submit anapplication or notification, whichever is applicable, to the departmentwithin fortyeight hours after commencement of such practice or asrequired by local regulations. (8) Forest practices applications or notifications are not requiredfor forest practices conducted to control exotic forest insect ordisease outbreaks, when conducted by or under the direction of thedepartment of agriculture in carrying out an order of the governor ordirector of the department of agriculture to implement pest controlmeasures as authorized under chapter 17.24 RCW, and are not requiredwhen conducted by or under the direction of the department in carryingout emergency measures under a forest health emergency declaration bythe commissioner of public lands as provided in section 3 of this act. (a) For the purposes of this subsection, exotic forest insect ordisease has the same meaning as defined in RCW 76.06.020. (b) In order to minimize adverse impacts to public resources,control measures must be based on integrated pest management, asdefined in RCW 17.15.010, and must follow forest practices rulesrelating to road construction and maintenance, timber harvest, andforest chemicals, to the extent possible without compromising controlobjectives. (c) Agencies conducting or directing control efforts must provideadvance notice to the appropriate regulatory staff of the department ofthe operations that would be subject to exemption from forest practicesapplication or notification requirements. (d) When the appropriate regulatory staff of the department arenotified under (c) of this subsection, they must consult with thelandowner, interested agencies, and affected tribes, and assist thenotifying agencies in the development of integrated pest managementplans that comply with forest practices rules as required under (b) ofthis subsection. 13 (e) Nothing under this subsection relieves agencies conducting ordirecting control efforts from requirements of the federal clean wateract as administered by the department of ecology under RCW 90.48.260. (f) Forest lands where trees have been cut as part of an exoticforest insect or disease control effort under this subsection aresubject to reforestation requirements under RCW 76.09.070. (g) The exemption from obtaining approved forest practicesapplications or notifications does not apply to forest practicesconducted after the governor, the director of the department ofagriculture, or the commissioner of public lands have declared that anemergency no longer exists because control objectives have been met,that there is no longer an imminent threat, or that there is no longera good likelihood of control.Sec. RCW 17.24.171 and 1991 c 257 s 21 are each amended to readas follows: (1) If the director determines that there exists an imminent dangerof an infestation of plant pests or plant diseases that seriouslyendangers the agricultural or horticultural industries of the state, orthat seriously threatens life, health, ((or)) economic wellbeing, orthe environment, the director shall request the governor to orderemergency measures to control the pests or plant diseases under RCW43.06.010(((14))) (13). The director's findings shall contain anevaluation of the affect of the emergency measures on public health. (2) If an emergency is declared pursuant to RCW 43.06.010(((14)))(13), the director may appoint a committee to advise the governorthrough the director and to review emergency measures necessary underthe authority of RCW 43.06.010(((14))) (13) and this section and makesubsequent recommendations to the governor. The committee shallinclude representatives of the agricultural industries, state and localgovernment, public health interests, technical service providers, andenvironmental organizations. (3) Upon the order of the governor of the use of emergencymeasures, the director is authorized to implement the emergencymeasures to prevent, control, or eradicate plant pests or plantdiseases that are the subject of the emergency order. Such measures, 14 after thorough evaluation of all other alternatives, may include theaerial application of pesticides. (4) Upon the order of the governor of the use of emergencymeasures, the director is authorized to enter into agreements withindividuals ((or)), companies, or ((both)) agencies, to accomplish theprevention, control, or eradication of plant pests or plant diseases,notwithstanding the provisions of chapter 15.58 or 17.21 RCW, or anyother statute. (5) The director shall continually evaluate the emergency measurestaken and report to the governor at intervals of not less than tendays. The director shall immediately advise the governor if he or shefinds that the emergency no longer exists or if certain emergencymeasures should be discontinued. Correct the title.--- END --- 15