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SUBSTITUTE HOUSE BILL NO. 1569
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AS AMENDED BY THE SENATE
C 362 L 89
State of Washington 51st Legislature 1989 Regular Session
By House Committee on Natural Resources & Parks (originally sponsored by Representatives Belcher, Locke, Holland and Sayan)
Read first time 2/22/89 and referred to Committee on Appropriations.
AN ACT Relating to forest protection; amending RCW 76.04.610 and 76.04.630; and adding a new section to chapter 43.88 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 35, chapter 100, Laws of 1986 as amended by section 3, chapter 273, Laws of 1988 and RCW 76.04.610 are each amended to read as follows:
(1) If any
owner of forest land within a forest protection zone, or any owner of forest
land located where fire protection responsibility has not been mutually agreed
upon as provided in RCW 76.04.165(2), neglects or fails to provide adequate
fire protection as required by RCW 76.04.600, the department shall provide such
protection, notwithstanding the provisions of RCW 76.04.630, at a cost to the
owner of not to exceed ((twenty-one)) twenty-two cents an acre
per year ((on lands west of the summit of the Cascade mountains and
seventeen cents an acre per year on lands east of the summit of the Cascade
mountains)) for assessments levied after December 31, 1989:
PROVIDED, That (((a))) there shall be no assessment on any parcel of
privately owned lands of less than two acres ((or on any parcel of
tax-exempt lands of less than ten acres; (b) for lands not exempt under (a) of
this proviso,)). Assessors may, at their option, collect the assessment
on any tax exempt lands less than ten acres. If the assessor elects not to
collect the assessment, the department may bill the landowner directly. The
((cost)) minimum assessment for any ownership parcel ((containing
less than thirty acres)) subject to the assessment shall ((not))
be ((less than five)) ten dollars ((and ten cents east of the
Cascade mountains and six dollars and thirty cents west of the Cascade
mountains; and (c))) for assessments levied in collection year 1990 and
fourteen dollars for each year thereafter.
(2) An
owner of two or more parcels per county, each containing less than ((thirty))
fifty acres, may obtain a refund of the assessments paid on all such parcels
over one by applying therefor within the year the assessment was due to the
department, in such form as the department may require. Verification that all
assessments and property taxes on the property have been paid shall be provided
to the department by the owner. If the total acreage of the parcels exceeds ((thirty))
fifty acres, the per-acre rate shall apply and the refund shall be
computed accordingly. Application for the refund may be made by mail.
(((2)))
(3) Beginning January 1, 1991, under the administration and at the
discretion of the department up to two hundred thousand dollars per year of
this assessment shall be used in support of those rural fire districts
assisting the department in fire protection services on forest lands.
(4) For
the purpose of this chapter, the ((supervisor)) department may
divide the forest lands of the state, or any part thereof, into districts, for
fire protection and assessment purposes, may classify lands according to the
character of timber prevailing, and the fire hazard existing, and place
unprotected lands under the administration of the proper district. Any amounts
paid or contracted to be paid by ((the supervisor of)) the department ((of
natural resources)) for protection of ((these)) forest lands
from any funds at ((the supervisor's)) its disposal shall be a
lien upon the property protected, ((and)) unless reimbursed by the owner
within ten days after October 1st of the year in which they were incurred((,
on which date the supervisor of)). The department ((of natural
resources)) shall be prepared to make statement thereof, upon
request, to any forest owner whose own protection has not been
previously approved ((by the supervisor as adequate, shall be reported by
the supervisor of)) as to its adequacy, the department ((of
natural resources)) shall report the same to the assessor of the
county in which the property is situated ((who)). The assessor
shall extend the amounts upon the tax rolls covering the property, ((or the
county assessor shall)) and upon authorization from the ((supervisor
of the)) department ((of natural resources)) shall levy the
forest protection assessment against the amounts of unimproved land as shown in
each ownership on the county assessor's records ((and)). The
assessor may then segregate on ((his or her)) the records to
provide that the improved land and improvements thereon carry the millage levy
designed to support the rural fire protection districts as provided for in RCW
52.16.170.
(((3)))
(5) The amounts assessed shall be collected at the time, in the same
manner, by the same procedure, and with the same penalties attached that
general state and county taxes on the same property are collected, except that
errors in assessments may be corrected at any time by the department certifying
them to the treasurer of the county in which the land involved is situated.
Assessments shall be known and designated as assessments of the year in which
the amounts became reimbursable. Upon the collection of such assessments the
county treasurer shall transmit them to the department. Collections shall be
applied against expenses incurred in carrying out the provisions of this
section, including necessary and reasonable administrative costs incurred by
the department in the enforcement of these provisions. The department may also
expend any sums collected from owners of forest lands or received from any
other source for necessary administrative costs in connection with the
enforcement of RCW 76.04.660.
(((4)))
(6) When land against which forest protection assessments are
outstanding is acquired for delinquent taxes and sold at public auction, the
state shall have a prior lien on the proceeds of sale over and above the amount
necessary to satisfy the county's delinquent tax judgment. The county
treasurer, in case the proceeds of sale exceed the amount of the delinquent tax
judgment, shall forthwith remit to the department the amount of the outstanding
forest protection assessments.
(((5)))
(7) All nonfederal public bodies owning or administering forest land
included in a forest protection zone shall pay the forest protection
assessments provided in this section and the special forest fire suppression
account assessments under RCW 76.04.630. The forest protection assessments and
special forest fire suppression account assessments shall be payable by
nonfederal public bodies from any available funds within thirty days following
receipt of the written notice from the department which is given after October
1st of the year in which the protection was provided. Unpaid assessments shall
not be a lien against the nonfederal publicly owned land but shall constitute a
debt by the nonfederal public body to the department and shall be subject to
interest charges at the legal rate.
(((6)))
(8) A public body, having failed to previously pay the forest protection
assessments required of it by this section, which fails to suppress a fire on
or originating from forest lands owned or administered by it, shall be liable
for the costs of suppression incurred by the department or its agent and shall
not be entitled to reimbursement of any costs incurred by the public body in
the suppression activities.
(((7)
The supervisor of the department of natural resources shall furnish the surety
company bond under RCW 43.30.170(6), conditioned for the faithful performance
of his duties and for a faithful accounting for all sums received and expended
thereunder, which bond shall be approved by the attorney general.
(8))) (9) The department may adopt rules to implement
this section, including, but not limited to, rules on levying and collecting
forest protection assessments.
Sec. 2. 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.)) Moneys in the account may be spent
only as provided in this section. 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 from this account such amounts as may be available and as it considers appropriate for the payment of emergency fire costs resulting from a participating landowner fire. The department may, when moneys are available from the landowner contingency forest fire suppression account, expend moneys for summarily abating, isolating, or reducing an extreme fire hazard under RCW 76.04.660. All moneys recovered as a result of the department's actions, from the owner or person responsible, under RCW 76.04.660 shall be deposited in the landowner contingency forest fire suppression account.
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 a rate((s))
to be established by the department, but not to exceed ((ten)) fifteen
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)) three
million dollars((: PROVIDED, That)). The department may
establish a minimum assessment for ownership parcels ((containing less than
thirty acres)) identified in RCW 76.04.610 as paying the minimum
assessment. 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)) an adjudicative
proceeding under chapter ((34.04)) 34.05 RCW, the
Administrative Procedure Act, and any appeal ((therefrom)) shall be
((to the superior court of Thurston county)) in accordance with RCW
34.05.510 through 34.05.598.
NEW SECTION. Sec. 3. A new section is added to chapter 43.88 RCW to read as follows:
Based on schedules submitted by the director of financial management, the state treasurer shall transfer from the general fund‑-state, or such other funds as the state treasurer deems appropriate, to the Clarke-McNary fund such amounts as are necessary to meet unbudgeted forest fire fighting expenses. All amounts borrowed under the authority of this section shall be repaid to the appropriate fund, together with interest at a rate determined by the state treasurer to be equivalent to the return on investments of the state treasury during the period the amounts are borrowed.