BILL REQ. #: S-1353.3
State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/15/11.
AN ACT Relating to providing the authority to create a community forest trust to be managed by the department of natural resources; amending RCW 79.17.210, 43.30.385, 79.64.020, and 79.64.040; reenacting and amending RCW 79.02.010; and adding a new chapter to Title 79 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) The legislature finds that since the
1980s, about seventeen percent of Washington's commercial forests have
been converted to other land uses.
(2) The legislature further finds that as these forests vanish, so
do the multiple benefits they provide to our communities like local
timber jobs, clean air and water, carbon storage, fish and wildlife
habitat, recreation areas, and open space.
(3) The legislature further finds that it has provided policy
direction to the department of natural resources to protect working
forest and natural resource lands at risk of conversion, while
maintaining the department's obligation to manage the state's fiduciary
trust lands and financial assets in the interest of the beneficiaries
of the respective trust lands and assets.
(4) The legislature further finds that there are numerous tools
available to acquire open space and recreation lands, but limited tools
to protect working forest lands.
(5) The legislature further finds that currently the department of
natural resources lacks a full complement of policy and management
tools necessary to protect or manage working forest lands at high risk
of conversion.
(6) The legislature further finds that through modest enhancements
to existing department of natural resources' programs and authorities,
the legislature can expand Washington's ability to protect communities'
working forest lands, while simultaneously improving the revenue
generating performance of fiduciary trust lands managed by the
department of natural resources.
(7) The legislature further finds that there has been past and
present legislative intent to ensure continued public access for
recreation compatible with the purposes of the lands involved.
(8) The legislature further finds that there exists an interest by
local communities, governments, and conservation organizations in
cooperating in the establishment of working community forests.
NEW SECTION. Sec. 2 (1) If deemed practicable by the
commissioner, the department is authorized to create and manage,
consistent with the provisions of this chapter, a discrete category of
natural resource lands in a nonfiduciary community forest land trust.
The department is authorized to assemble, hold title to, and manage
directly or through mutual agreement with other landowners land
suitable for sustainable forest management, to be held in the community
forest trust.
(2) All land held in the community forest trust must be held by the
department and actively managed, consistent with a community working
forest management plan developed under section 8 of this act, to
generate financial support for the management of the community forest
trust and to advance and sustain the working forest conservation
objectives established in the management plan.
NEW SECTION. Sec. 3 (1) The department must identify lands for
inclusion into the community forest trust, and manage the resulting
community forest trust lands, in furtherance of goals that must be
identified by the department prior to the creation of a community
forest.
(2) In addition to any goals for a community forest identified by
the department, the community forest trust program must satisfy the
following minimum program management principles:
(a) Protecting in perpetuity working forest lands that are at a
significant risk of conversion to another land use;
(b) Securing financial and social viability through sound
management plans and objectives that are consistent with the values of
the local community;
(c) Maintaining the land in a working status, through traditional
forestry, management of specialized forest products harvest consistent
with chapter 76.48 RCW, land leases, renewable energy opportunities,
ecosystem services such as clean water protection or carbon storage,
and other sources of revenue appropriate for the community forest to
generate;
(d) Generating revenue at levels that are, at a minimum, capable of
reimbursing the department for management costs and providing for some
reinvestment into the management objectives of the community forest;
(e) Providing for ongoing, sustainable public recreational access,
local timber jobs, clean air and water, carbon storage, fish and
wildlife habitat, and open space in a manner that is compatible with
management plans and objectives adopted for the community forest; and
(f) Providing educational opportunities for local communities
regarding the benefits that working forests provide to Washington's
economy, communities, environment, and quality of life.
NEW SECTION. Sec. 4 (1)(a) Except as limited by section 7 of
this act, the department is authorized to acquire by purchase, gift,
donation, grant, transfer, or other means other than eminent domain fee
interest or a partial interest, including conservation easements, in
lands or other real property suitable for management as part of the
community forest trust and that are appropriate to further the goals of
the community forest trust.
(b) The fair market value of any real property, and the associated
valuable materials, of any land transferred into the community forest
trust from state lands must be provided to the beneficiaries of the
transferee trust or used for the furtherance of the transferee trust.
(2) The department is authorized to receive funds for purposes of
establishing the community forest trust from grants, gifts, bequests,
or loans, whether public or private, as well as from legislative
appropriation.
(3) All acquisitions of real property for the community forest
trust must be approved by the board.
NEW SECTION. Sec. 5 (1) The department shall, if it establishes
a community forest trust program, develop criteria to be used for the
identification and prioritization of forest land that is suitable for
potential inclusion in the community forest trust due to its ability to
most closely satisfy the goals of the community forest trust outlined
in section 3 of this act.
(2) In prioritizing forest land for inclusion in the community
forest trust, the department shall give priority consideration to lands
that are:
(a) The subject of established management and revenue production
objectives of potential local community partners;
(b) At greatest risk of conversion;
(c) Helping buffer commercial public or private forest lands from
encroaching development;
(d) Helping to block up other community forest assets to be managed
consistently with the community forest trust acquisition;
(e) Able to be managed, considering surrounding current or expected
future land use, as economically sustainable working forest land either
alone or in combination with adjacent and nearby working forest land,
including other lands incorporated into a community forest by the
department, a local governmental entity, or a not-for-profit
conservation organization managing forest lands;
(f) Eligible for trust land transfer capital appropriations;
(g) Available for acquisition through existing or new programs or
funding;
(h) Supporting existing or expanded forest product manufacturing
infrastructure;
(i) Useful in leveraging funds to match available acquisition
moneys;
(j) Positioned to have their development rights extinguished
through transfer, purchase, conservation easement, lease, or by some
other comparable mechanism; or
(k) Enhancing state fiduciary trust land revenues by repositioning
underperforming state trust lands to provide short and long-term
revenues to that trust.
NEW SECTION. Sec. 6 (1) The department shall, if it establishes
a community forest trust program, submit biennially to the office of
financial management and the appropriate committees of the legislature
a prioritized list that identifies nominated parcels of state land or
state forest land that are suitable for transfer into the community
forest trust, where such a transfer is also in the best interest of the
respective trust. The department shall solicit and consider input from
the board on a draft list before submitting a final prioritized list.
(2) The list of nominated parcels must reflect consideration of
local nominations and the priorities outlined in section 5 of this act
and be delivered to the required recipients by November 1st of each
even-numbered year.
NEW SECTION. Sec. 7 (1) The department must, prior to using the
authority provided in section 4 of this act to acquire land for
inclusion in a community forest, obtain from the local community a
commitment to preserving the land as a working forest.
(2) Following initial agreement between potential local community
partners and the department regarding management and revenue production
objectives for the lands in question, the local commitment to
preserving the land as a working forest must be demonstrated by the
county, city, or other local entity providing a financial contribution
to the specific community forest of at least fifty percent of the
difference between the parcel's appraised fair market value and the
parcel's timber and forest land value. The local community
contribution may be provided through any means deemed acceptable by the
department and the local contributor, including:
(a) Traditional financing or bonding;
(b) The purchase of conservation easements; or
(c) The purchase or transfer of development rights.
(3) The local financial contribution must be deposited into the
park land trust revolving fund created in RCW 43.30.385 and used solely
for acquisition of the community forest trust land parcel or parcels
for which it is intended.
(4) The management plan developed for the associated community
forest under section 8 of this act must outline a process for
reimbursing the entity providing the local contribution under this
section from revenues generated from the community forest. All
reimbursement procedures must be approved by the board.
NEW SECTION. Sec. 8 (1) All lands transferred into community
forest trust status must be managed in accordance with a
postacquisition management plan developed by the department consistent
with this section and section 7(4) of this act.
(2) After exercising the authority provided in section 4 of this
act to acquire land for inclusion in a community forest, the department
must establish a local advisory committee in cooperation with any
interested and affected local government.
(3) The department must use the local advisory committee as a
source of advice and comment on a postacquisition management plan.
Comments and advice should, at a minimum, include plans for how the
department will maintain the land's working status and economic
viability objectives through revenue-generating activities that are
sufficient to generate ongoing revenue at a level that reimburses
administrative costs, and reimburses local entities' financial
contribution to acquisition as provided in section 7(2) of this act,
while satisfying, or contributing to, identified community conservation
and recreation objectives.
(4) If, after a good faith effort by all parties, the department
and the local advisory committee fail to reach a consensus on a
conceptual postacquisition management plan for the parcel in question,
the department may either adopt a management plan informed by the
community or recommend to the board that the parcel be divested through
the existing authority of the department and the board, with proceeds
returning to the park land trust revolving fund created in RCW
43.30.385, after first reimbursing local entities that have made
financial contributions to acquisition as provided in section 7(2) of
this act. Local entities are only eligible for the reimbursements in
this subsection if the subsequent parcel use is not open space, parks,
or habitat lands.
NEW SECTION. Sec. 9 By September 1, 2014, and periodically, but
at least once every ten years thereafter, the department shall provide
to the board a review and update of the community forest trust program.
The review must include updates on the performance of the community
forest trust statewide and notification of any community forest trust
parcels not performing according to their management plan. The
department is authorized to recommend to the board action to divest
itself of nonperforming community forest trust parcels using existing
policies and mechanisms available to the department and the board.
NEW SECTION. Sec. 10 (1) The commissioner may establish and
maintain a statewide advisory committee to assist the department in the
implementation of this chapter.
(2) If a statewide advisory committee is established, the
commissioner shall appoint a balanced representation of interests on
the committee, including representatives of state fiduciary trust land
beneficiaries, tribal governments, local governments, relevant state
agencies, commercial forest landowners, land trusts, and conservation
organizations.
(3) The statewide advisory committee shall provide consultation on
issues and questions presented by the commissioner and may be dissolved
by the commissioner at any time.
(4) Participation on the statewide advisory committee is voluntary
and members are not eligible for any form of compensation nor for
reimbursement for expenses incurred due to service on the committee.
NEW SECTION. Sec. 11 (1) The commissioner may, if deemed
practicable and beneficial by the commissioner, cooperate with
interested local governments in establishing community forest districts
or local working forest districts that are compatible with the goals
identified in this chapter for the community forest trust. Cooperative
districts would attempt to voluntarily synchronize the management of
community forest trust lands, other public lands, and private lands
located within a certain geographic area to further a common set of
community goals. If a working forest district encompasses state lands
or state forest lands, then their voluntary management to further a
common set of community goals must be consistent with the department's
fiduciary and other legal obligations to the trust, including the
multiple use act in chapter 79.10 RCW.
(2)(a) The department may, in its sole discretion and if it deems
sufficient funding to be available, provide technical assistance grants
to local communities for the purpose of enabling or furthering the
development of community forest management plans consistent with this
chapter.
(b) This subsection does not create a private right of action.
Sec. 12 RCW 79.17.210 and 2003 c 334 s 118 are each amended to
read as follows:
(1) The legislature finds that the department has a need to
maintain the real property asset base it manages and needs an
accounting mechanism to complete transactions without reducing the real
property asset base.
(2) The natural resources real property replacement account is
created in the state treasury. This account shall consist of funds
transferred or paid for the disposal or transfer of real property by
the department under RCW 79.17.200 and the transfer of state lands or
state forest lands into community forest trust lands under section 4 of
this act. The funds in this account shall be used solely for the
acquisition of replacement real property and may be spent only when,
and as, authorized by legislative appropriation.
Sec. 13 RCW 43.30.385 and 2009 c 354 s 9 are each amended to read
as follows:
(1) The park land trust revolving fund is to be utilized by the
department for the purpose of acquiring real property, including all
reasonable costs associated with these acquisitions, as a replacement
for the property transferred to the state parks and recreation
commission, as directed by the legislature in order to maintain the
land base of the affected trusts or under RCW 79.22.060 and to receive
voluntary contributions for the purpose of operating and maintaining
public use and recreation facilities, including trails, managed by the
department.
(2) In addition to the other purposes identified in this section,
the park land trust revolving fund may be utilized by the department to
hold funding for future acquisition of lands for the community forest
trust program from willing sellers under section 4 of this act.
(3)(a) Proceeds from transfers of real property to the state parks
and recreation commission or other proceeds identified from transfers
of real property as directed by the legislature shall be deposited in
((this)) the park land trust revolving fund.
(b) The proceeds from real property transferred or disposed under
RCW 79.22.060 must be used solely to purchase replacement forest land,
that must be actively managed as a working forest, within the same
county as the property transferred or disposed.
(c) Disbursement from the park land trust revolving fund to acquire
replacement property and for operating and maintaining public use and
recreation facilities shall be on the authorization of the department.
((The proceeds from real property transferred or disposed under RCW
79.22.060 must be solely used to purchase replacement forest land, that
must be actively managed as a working forest, within the same county as
the property transferred or disposed.))
(4) In order to maintain an effective expenditure and revenue
control, the park land trust revolving fund is subject in all respects
to chapter 43.88 RCW, but no appropriation is required to permit
expenditures and payment of obligations from the fund.
(((2))) (5) The department is authorized to solicit and receive
voluntary contributions for the purpose of operating and maintaining
public use and recreation facilities, including trails, managed by the
department. The department may seek voluntary contributions from
individuals and organizations for this purpose. Voluntary
contributions will be deposited into the park land trust revolving fund
and used solely for the purpose of public use and recreation facilities
operations and maintenance. Voluntary contributions are not considered
a fee for use of these facilities.
Sec. 14 RCW 79.64.020 and 2008 c 328 s 6004 are each amended to
read as follows:
A resource management cost account in the state treasury is created
to be used solely for the purpose of defraying the costs and expenses
necessarily incurred by the department in managing and administering
state lands, community forest trust lands, and aquatic lands and the
making and administering of leases, sales, contracts, licenses,
permits, easements, and rights-of-way as authorized under the
provisions of this title. Appropriations from the resource management
cost account to the department shall be expended for no other purposes.
Funds in the resource management cost account may be appropriated or
transferred by the legislature for the benefit of all of the trusts
from which the funds were derived. ((For the 2007-2009 biennium,
moneys in the account may be used for the purposes identified in
section 3044, chapter 328, Laws of 2008.))
Sec. 15 RCW 79.64.040 and 2009 c 564 s 957 are each amended to
read as follows:
(1) The board shall determine the amount deemed necessary in order
to achieve the purposes of this chapter and shall provide by rule for
the deduction of this amount from the moneys received from all leases,
sales, contracts, licenses, permits, easements, and rights-of-way
issued by the department and affecting state lands, community forest
trust lands, and aquatic lands, provided that no deduction shall be
made from the proceeds from agricultural college lands.
(2) Moneys received as deposits from successful bidders, advance
payments, and security under RCW 79.15.100, 79.15.080, and 79.11.150
prior to December 1, 1981, which have not been subjected to deduction
under this section are not subject to deduction under this section.
(3) Except as otherwise provided in subsections (((5))) (4) and (6)
of this section, the deductions authorized under this section shall not
exceed twenty-five percent of the moneys received by the department in
connection with any one transaction pertaining to state lands and
aquatic lands other than second-class tide and shore lands and the beds
of navigable waters, and fifty percent of the moneys received by the
department pertaining to second-class tide and shore lands and the beds
of navigable waters.
(4) Deductions authorized under this section for transactions
pertaining to community forest trust lands must be established at a
level sufficient to defray over time the management costs for
activities prescribed in a parcel's management plan adopted pursuant to
section 8 of this act, and to reimburse local entities' financial
contributions for acquisition of the parcel.
(5) In the event that the department sells logs using the contract
harvesting process described in RCW 79.15.500 through 79.15.530, the
moneys received subject to this section are the net proceeds from the
contract harvesting sale.
(((5))) (6) During the 2009-2011 fiscal biennium, the twenty-five
percent limitation on deductions set in subsection (3) of this section
may be increased up to thirty percent by the board.
Sec. 16 RCW 79.02.010 and 2010 c 126 s 6 are each reenacted and
amended to read as follows:
The definitions in this section apply throughout this title unless
the context clearly requires otherwise.
(1) "Aquatic lands" means all state-owned tidelands, shorelands,
harbor areas, and the beds of navigable waters as defined in RCW
79.105.060 that are administered by the department.
(2) "Board" means the board of natural resources.
(3) "Commissioner" means the commissioner of public lands.
(4) "Community and technical college forest reserve lands" means
lands managed under RCW 79.02.420.
(5) "Department" means the department of natural resources.
(6)(a) "Forest biomass" means the by-products of: Current forest
management activities; current forest protection treatments prescribed
or permitted under chapter 76.04 RCW; or the by-products of forest
health treatment prescribed or permitted under chapter 76.06 RCW.
(b) "Forest biomass" does not include wood pieces that have been
treated with chemical preservatives such as: Creosote,
pentachlorophenol, or copper-chrome-arsenic; wood from existing old
growth forests; wood required to be left on-site under chapter 76.09
RCW, the state forest practices act; and implementing rules, and other
legal and contractual requirements; or municipal solid waste.
(7) "Improvements" means anything considered a fixture in law
placed upon or attached to lands administered by the department that
has changed the value of the lands or any changes in the previous
condition of the fixtures that changes the value of the lands.
(8) "Land bank lands" means lands acquired under RCW 79.19.020.
(9) "Person" means an individual, partnership, corporation,
association, organization, cooperative, public or municipal
corporation, or agency of a federal, state, or local governmental unit,
however designated.
(10) "Public lands" means lands of the state of Washington
administered by the department including but not limited to state
lands, state forest lands, and aquatic lands.
(11) "State forest lands" means lands acquired under RCW 79.22.010,
79.22.040, and 79.22.020.
(12) "State lands" includes:
(a) School lands, that is, lands held in trust for the support of
the common schools;
(b) University lands, that is, lands held in trust for university
purposes;
(c) Agricultural college lands, that is, lands held in trust for
the use and support of agricultural colleges;
(d) Scientific school lands, that is, lands held in trust for the
establishment and maintenance of a scientific school;
(e) Normal school lands, that is, lands held in trust for state
normal schools;
(f) Capitol building lands, that is, lands held in trust for the
purpose of erecting public buildings at the state capital for
legislative, executive, and judicial purposes;
(g) Institutional lands, that is, lands held in trust for state
charitable, educational, penal, and reformatory institutions; and
(h) Land bank, escheat, donations, and all other lands, except
aquatic lands, administered by the department that are not devoted to
or reserved for a particular use by law.
(13) "Valuable materials" means any product or material on the
lands, such as forest products, forage or agricultural crops, stone,
gravel, sand, peat, and all other materials of value except: (a)
Mineral, coal, petroleum, and gas as provided for under chapter 79.14
RCW; and (b) forest biomass as provided for under chapter 79.150 RCW.
(14) "Community forest trust lands" means those lands acquired and
managed under the provisions of chapter 79.--- RCW (the new chapter
created in section 18 of this act).
NEW SECTION. Sec. 17 The authorities granted under Title 79 RCW
for the management of state lands apply to the community forest trust
to the extent consistent with the purposes of this act. The department
may develop management procedures deemed necessary by the department to
implement this act.
NEW SECTION. Sec. 18 Sections 1 through 11 and 17 of this act
constitute a new chapter in Title