H-3481              _______________________________________________

                                                   HOUSE BILL NO. 2367

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives Spanel, Brumsickle, Vekich and K. Wilson

Read first time 1/10/90 and referred to Committees on Natural Resources & Parks/Appropriations.

AN ACT Relating to reforestation on private timber lands; amending RCW 76.09.120; and making an appropriation.

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

        Sec. 1.  Section 12, chapter 137, Laws of 1974 ex. sess. and RCW 76.09.120 are each amended to read as follows:

(1) If an operator fails to undertake and complete any course of action with respect to a forest practice, as required by a final order of the department or a final decision of the appeals board or any court pursuant to RCW 76.09.080 and 76.09.090, the department may determine the cost thereof and give written notice of such cost to the operator, the timber owner and the owner of the forest land upon or in connection with which such forest practice was being conducted.  If such operator, timber owner, or forest land owner fails within thirty days after such notice is given to undertake such course of action, or having undertaken such course of action fails to complete it within a reasonable time, the department may expend ((any)) funds available from the reforestation revolving fund, hereby created, to undertake and complete such course of action and such operator, timber owner, and forest land owner shall be jointly and severally liable for the actual, direct cost thereof, but in no case more than the amount set forth in the notice from the department.  If not paid within sixty days after the department completes such course of action and notifies such forest land owner in writing of the amount due, such amount shall become a lien on such forest land and the department may collect such amount in the same manner provided in chapter 60.04 RCW for mechanics' liens.  All reimbursements received from the operator or landowner shall be deposited in the reforestation revolving fund.

(2) The reforestation revolving fund is created in the custody of the state treasurer.  All receipts from the repayment by operators or owners of private timber lands shall be deposited into the fund.  Expenditures from the fund may be used only for the reforestation of private timber lands, under subsection (1) of this section.  Only the commissioner or the commissioner's designee may authorize expenditures from the fund.  The fund is not subject to allotment procedures under chapter 43.88 RCW, and no appropriation is required for expenditures.

NEW SECTION. Sec. 2.     The sum of two hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the general fund to the reforestation revolving fund for the purposes of this act.