READ FIRST TIME 02/05/08.   

     AN ACT Relating to improving community and urban forest conditions in Washington state; amending RCW 76.15.005, 76.15.020, 76.15.010, and 76.15.007; adding a new section to chapter 76.15 RCW; and creating a new section.

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

Sec. 1   RCW 76.15.005 and 1991 c 179 s 1 are each amended to read as follows:
     (1) Trees and other woody vegetation are a necessary and important part of community and urban environments. Community and urban forests have many values and uses including promoting urban livability, improving public health, sequestering carbon, conserving energy, reducing air and water pollution and soil erosion, contributing to property values, attracting business, reducing glare and noise, providing aesthetic and historical values, providing wood products, and affording comfort and protection for humans and wildlife.
     (2) Well-managed and maintained community and urban forests minimize catastrophic losses of life, property, and environmental values due to floods, windstorms, ice storms, wildland fires, and other natural disasters. Natural disasters, pest and disease infestations, and lack of protection from human impacts pose significant threats to the community and urban forests. Management and maintenance of community and urban forests requires recognition of, and cooperation with, public works and utilities department vegetation management programs created to prevent vegetation from interfering with or damaging public facilities and utilities. Urban forests provide multiple benefits and their loss would result in major financial, social, and environmental costs to Washington.
     (3) As urban and community areas in Washington state grow, the need to plan for and protect community and urban forests increases. Cities and communities benefit from assistance in developing and maintaining community and urban forestry programs that also address future growth.
     (((3))) (4) Assistance and encouragement in establishment, retention, and enhancement of these forests and trees by local governments, citizens, organizations, and professionals are in the interest of the state based on the contributions these forests make in preserving and enhancing the quality of life of Washington's municipalities and counties while providing opportunities for economic development.
     (5) An inventory and assessment of community and urban forest conditions enables the department to identify and establish priorities for actions necessary to preserve and enhance the public investment in community and urban forest resources.

Sec. 2   RCW 76.15.020 and 1991 c 179 s 4 are each amended to read as follows:
     (1) The department ((may)) shall establish and maintain a program in community and urban forestry to accomplish the purpose stated in RCW 76.15.007. The department may assist municipalities and counties in establishing and maintaining community and urban forestry programs and encourage persons to engage in appropriate and improved tree management and care.
     (2) The department ((may)) shall advise, encourage, and assist municipalities, counties, and other public and private entities: (a) In the development and coordination of policies, programs, and activities for the promotion of community and urban forestry; and (b) in the recognition of, and for opportunities for cooperation with, public works and utilities department vegetation management programs created for the prevention of vegetation interfering with or damaging public facilities and utilities.
     (3) The department may appoint a committee or council, in addition to the technical advisory committee created in section 3 of this act, to advise the department in establishing and carrying out a program in community and urban forestry.
     (4) The department may assist municipal and county tree maintenance programs by making surplus equipment available on loan where feasible for community and urban forestry programs and cooperative projects.
     (5)(a) The department shall, in collaboration with educational institutions, municipalities, corporations, the technical advisory committee created in section 3 of this act, state and national service organizations, and environmental organizations, conduct a prioritized statewide inventory of community and urban forests.
     (b) For purposes of efficiency, existing data and current inventory technologies must be utilized in the development of the inventory. Statewide data must be maintained and periodically updated by the department and made available to every municipality in the state.
     (c) The criteria established for the statewide community and urban forest inventory must support the planning needs of local governments.
     (d) The criteria for the statewide community and urban forest inventory may include but is not limited to: Tree size, species, location, site appropriateness, condition and health, contribution to canopy cover and volume, available planting spaces, and ecosystem, economic, social, and monetary value.
     (e) In developing the statewide community and urban forest inventory, the department shall strive to enable Washington cities' urban forest managers to access carbon markets by working to ensure the inventory developed under this section is compatible with existing and developing urban forest reporting protocols designed to facilitate access to those carbon markets.
     (6) The department shall, in collaboration with a statewide organization representing urban and community forestry programs, and with any statutorily required urban forestry stakeholder task force managed by the department of community, trade, and economic development, conduct an urban forest assessment and develop recommendations to the appropriate committees of the legislature to improve community and urban forestry in Washington.
     (7) The inventory and assessment required in this section must be capable of supporting the adoption and implementation of urban forestry management plans and ordinances that may be developed by local governments.
     (8) The department shall, in collaboration with municipalities, the technical advisory committee created in section 3 of this act, and a statewide organization representing urban and community forestry programs, develop an implementation plan for the inventory and assessment of the community and urban forests in Washington.
     (9)(a) The criteria and implementation plan for the statewide community and urban forest inventory and assessment required under this section must be completed by December 1, 2008. Upon the completion of the criteria and implementation plan's development, the department shall report the final product to the appropriate committees of the legislature. Subsequent annual reports must be submitted each December until the statewide assessment required under this section is complete.
     (b) An initial inventory and assessment, consisting of the community and urban forests of the willing municipalities located in one county located east of the crest of the Cascade mountains and the willing municipalities located in one county located west of the crest of the Cascade mountains must be completed by June 1, 2010.

NEW SECTION.  Sec. 3   A new section is added to chapter 76.15 RCW to read as follows:
     (1) The commissioner of public lands shall appoint a technical advisory committee to provide advice to the department during the development of the criteria and implementation plan for the statewide community and urban forest inventory and assessment required under RCW 76.15.020.
     (2) The technical advisory committee must include, but not be limited to, representatives from the following groups: Arborists; municipal foresters; educators; consultants; researchers; public works and utilities professionals; information technology specialists; and other affiliated professionals.
     (3) The technical advisory committee members shall serve without compensation. Advisory committee members who are not state employees may receive reimbursement for travel expenses as provided by RCW 43.03.050 and 43.03.060. Costs associated with the technical advisory committee may be paid from the general fund appropriation made available to the department for community and urban forestry.
     (4) The technical advisory committee created in this section must be disbanded by the commissioner of public lands upon the completion of the criteria and implementation plan for the statewide community and urban forest inventory and assessment required under RCW 76.15.020.

Sec. 4   RCW 76.15.010 and 2000 c 11 s 15 are each amended to read as follows:
     ((Unless the context clearly requires otherwise,)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Community and urban forest" is that land in and around human settlements ranging from small communities to metropolitan areas, occupied or potentially occupied by trees and associated vegetation. Community and urban forest land may be planted or unplanted, used or unused, and includes public and private lands, lands along transportation and utility corridors, and forested watershed lands within populated areas.
     (2) "Community and urban forest assessment" means an analysis of the community and urban forest inventory to establish the scope and scale of forest-related benefits and services, the economic valuation of such benefits, highlight trends and issues of concern, identify high priority areas to be addressed, outline strategies for addressing the critical issues and urban landscapes, and identify opportunities for retaining trees, expanding forest canopy, and planting additional trees to sustain Washington's urban and community forests.
     (3) "Community and urban forest inventory" means a management tool designed to gauge the condition, management status, health, and diversity of a community and urban forest. A community and urban forest inventory may evaluate individual trees or groups of trees or canopy cover within community and urban forests, and must be periodically updated by the department of natural resources.
     (4) "Community and urban forestry" means the planning, establishment, protection, care, and management of trees and associated plants individually, in small groups, or under forest conditions within municipalities and counties.
     (((3))) (5) "Department" means the department of natural resources.
     (((4))) (6) "Municipality" means a city, town, port district, public school district, community college district, irrigation district, weed control district, park district, or other political subdivision of the state.
     (((5))) (7) "Person" means an individual, partnership, private or public municipal corporation, Indian tribe, state entity, county or local governmental entity, or association of individuals of whatever nature.

Sec. 5   RCW 76.15.007 and 1991 c 179 s 2 are each amended to read as follows:
     The purpose of this chapter is to:
     (1) Encourage planting and maintenance and management of trees in the state's municipalities and counties and maximize the potential of tree and vegetative cover in improving the quality of the environment.
     (2) Encourage the coordination of state and local agency activities and maximize citizen participation in the development and implementation of community and urban forestry-related programs.
     (3) Foster healthy economic activity for the state's community and urban forestry-related businesses through cooperative and supportive contracts with the private business sector.
     (4) Facilitate the creation of employment opportunities related to community and urban forestry activities including opportunities for inner city youth to learn teamwork, resource conservation, environmental appreciation, and job skills.
     (5) Provide meaningful voluntary opportunities for the state's citizens and organizations interested in community and urban forestry activities.
     (6) Facilitate recognition of, and cooperation with, public works and utilities department vegetation management programs created for the prevention of vegetation interfering with or damaging public facilities and utilities.

NEW SECTION.  Sec. 6   If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2008, in the omnibus appropriations act, this act is null and void.