READ FIRST TIME 02/03/06.   

     AN ACT Relating to reauthorizing the department of natural resources to have exclusive jurisdiction over all forest practices applications; creating a new section; and providing an expiration date.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that:
     (a) Local governments are the appropriate place for land use changes to be considered and for ordinances to be implemented that relate to the clearing and grading of land, local services, and critical areas;
     (b) The department of natural resources implements the forest practices act and the forest practices rules;
     (c) The department of ecology is responsible for protection of water quality;
     (d) It is in the best interests of the state that forest landowners keep their land in forestry;
     (e) Working forests are vital to the economic and environmental health of the state;
     (f) Processes are in place which allow a landowner to convert forest land to another use or maintain the option to convert forest land at a later date;
     (g) Laws governing conversion of forest land to other uses and regulatory jurisdiction over such forest practices have been in place for more than eight years; and
     (h) It is clear that at times in some places in the state these laws, and associated administrative processes, have unnecessarily complicated landowners' ability to carry out forest practices.
     (2) The department of natural resources and the department of ecology shall work with a statewide association of counties and other participants in the process leading to the forests and fish law to determine how the current laws and processes regulating forest practices and conversion of forest land to a nonforestry use could be improved by clarifying roles and responsibilities, eliminating duplicative regulation of the same activity, making any needed adjustments to regulatory requirements, and simplifying pathways leading to regulatory decisions while maintaining current standards of environmental protection.
     (3) The evaluation required by this section must include specific examination of laws and administrative processes governing:
     (a) Interactions among the department of natural resources, the department of ecology, and local governments in situations where both the state and local governments have regulatory responsibilities related to the same forestry-related activity;
     (b) Moratoriums on the conversion of forest land;
     (c) Conversion harvest option plans;
     (d) Determination of lead agency status pursuant to the state environmental policy act; and
     (e) Application, processing, and recording fees.
     (4) The department of natural resources must provide a report to the appropriate committees of the legislature by October 31, 2006, including recommendations for changes to laws and administrative processes.
     (5) This section expires on July 1, 2007.