SENATE BILL REPORT

ESHB 1192

BYHouse Committee on Local Government (originally sponsored by Representatives Haugen, Ferguson, Kremen, Winsley, Baugher, Fuhrman, Bristow, Rayburn, Nealey, Cooper, Smith, Raiter, Doty, H. Myers, Rasmussen and Miller)

Authorizing special assessments and a grant program for conservation districts.

House Committe on Local Government

Senate Committee on Agriculture

Senate Hearing Date(s):March 23, 1989

Majority Report:  Do pass.

      Signed by Senators Barr, Chairman; Anderson, Vice Chairman; Hansen, Madsen, Newhouse.

Senate Staff:John Stuhlmiller (786-7446)

                  March 23, 1989

AS REPORTED BY COMMITTEE ON AGRICULTURE, MARCH 23, 1989

BACKGROUND:

Conservation districts are special districts authorized to engage in a variety of activities relating to the conservation of soil, water, and other natural resources.  Each conservation district is governed by a five-member board of supervisors, consisting of three members elected by voters in the district, and two appointed by the state Conservation Commission.  Funds for conservation districts are obtained from state and federal grants, appropriations from the county in which they are located, and charges for services and activities that the districts provide.

SUMMARY:

County legislative authorities are authorized to impose limited special assessments to fund activities and programs undertaken by conservation districts.  Public hearings on the assessments must be held each year by both the conservation district and the county legislative authority.  A county legislative authority may accept the proposed system of assessments or modify and accept the system of assessments, but only if it finds that the public interest will be served and that the special assessments will not exceed the special benefit that the land will receive from the activities of the district.  Provisions are made for posting and publishing notice of the public hearings.

An assessment system shall:  (1) classify lands within the conservation district into suitable classifications according to benefits to be conferred by the activities of the conservation districts; (2) determine an annual per acre rate of assessment for each classification; and (3) indicate the total amount of special assessment to be obtained from each classification.  Lands not receiving benefit will be placed in a separate class and shall not be subject to assessment.  The assessment rate shall be stated either as a uniform rate per acre, or a flat fee per parcel plus a uniform rate per acre, for each classification.  The assessment rate per acre shall not exceed ten cents, and the per parcel rate shall not exceed $5.00.

Public land, including land owned by the state, shall be subject to the special assessments.  The weighted average per acre special assessment is the total amount of money estimated to be derived from the assessment of non- forest lands divided by the total number of non-forest land acres in the district subject to the special assessment.

If forest lands benefit from conservation district activities, they may also be subject to special assessments.  The assessment shall not exceed one-tenth of the weighted average rate per acre of special assessments on all other benefited lands.

A per parcel charge may not be imposed upon forest land, but an assessment of up to $3.00 may be imposed on each forest landowner.  No more than 10,000 acres of forest land owned by the same entity, and located in the same conservation district, may be subject to special assessment in any year.

Authority to continue the special assessments may be denied if a petition opposing the assessments, signed by at least 20 percent of the owners of land subject to the proposed assessments, is filed with the county legislative authority.

Special assessments shall be collected by the county treasurer along with property taxes.  A special assessment shall constitute a lien against the land that shall be subject to the same conditions as a tax lien.

The state Conservation Commission is authorized to make grants to conservation districts from moneys that may be appropriated for such purposes.  Grants shall be made on or before the last day of June of each year to all districts submitting requests for such grants.  No district shall receive an initial grant exceeding the lesser of: (1) $22,500; or (2) an amount equal to the total moneys received by the district from all other sources during the preceding year, excluding state grants.  If appropriated funds are not sufficient to meet the needs of all grant requests, then each grant shall be reduced by an equal dollar amount until the funds are sufficient to cover the requests.  If moneys remain after the initial grants, additional grants are to be made to the districts that were limited to grants of $22,500.  The total of all grants to a district in any year shall not exceed the total of moneys received by the district from all sources during the preceding year, excluding state grants.  Grants under the second grant phase shall be divided among requesting districts in the same manner as the initial phase.

Appropriation:    none

Revenue:    yes

Fiscal Note:      none requested

Senate Committee - Testified: PRO:  Ron Janis, Washington Association of Cons. Dist.; Jackie Reid, Thurston County Cons. Dist.; Howard Jaeger, Washington Association Cons. Dist.; Ramon Kent, Thurston County CD, Lewis County CD