Z-1488               _______________________________________________

                                                   HOUSE BILL NO. 1778

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representatives Belcher, Sayan, Bristow and Silver

Read first time 1/25/88 and referred to Committee on Natural Resources. Referred to Committee on Ways & Means 1/27/88.

AN ACT Relating to forest protection; and amending RCW 76.04.630.

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

        Sec. 1.  Section 37, chapter 100, Laws of 1986 and RCW 76.04.630 are each amended to read as follows:

          There is created a landowner contingency forest fire suppression account ((which shall be a separate account in the state treasury.  This account shall be for the purpose of paying emergency fire costs incurred or approved by the department in the suppression of forest fires)) in the custody of the state treasurer.  Moneys in the account may be spent only as provided by law.  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 such amounts as may be available and as it considers appropriate from this account for the payment of emergency fire costs resulting from a participating landowner fire.

          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 such general fund appropriations as may be available for emergency fire suppression costs.  ((Moneys spent from this account shall be by appropriation.))  The department shall ((transmit to the state treasurer for)) deposit in the landowner contingency forest fire suppression account any moneys paid out of the account which are later recovered, less reasonable costs of recovery((, which moneys may be expended for purposes set forth herein during the current biennium, without reappropriation)).

          This account shall be established and renewed by a special forest fire suppression account assessment paid by participating landowners at rates to be established by the department, but not to exceed ten cents per acre per year for such period of years as may be necessary to establish and thereafter reestablish a balance in the account of two million dollars((:  PROVIDED, That)).  The department may establish a minimum assessment for ownership parcels containing less than thirty acres.  The maximum assessment for these parcels shall not exceed the fees levied on a thirty-acre parcel.  There shall be no assessment on each parcel of privately owned lands of less than two acres or on each parcel of tax exempt lands of less than ten acres.  The assessments ((with respect to forest lands in western and eastern Washington)) 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 ((fire)) protection assessments.  This account shall be held by the state treasurer, who is authorized to invest so much of the account as is not necessary to meet current needs.  Any interest earned on moneys from the account shall be deposited in and remain a part of the account((,)) and shall be computed as part of ((the)) same in determining the balance thereof.  Interfund loans to and from this account are authorized at the ((then)) current rate of interest as determined by the state treasurer, provided that the effect of the loan is considered for purposes of determining the 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 any interested party((,)) serves a request for a hearing before the department.  The hearing shall constitute a contested case under chapter 34.04 RCW, and any appeal therefrom shall be to the superior court of Thurston county.