BILL REQ. #:  H-5123.1 

READ FIRST TIME 02/05/08.   

     AN ACT Relating to improving community and urban forest conditions in Washington state; amending RCW 76.15.005, 76.15.010, and 76.15.020; 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. 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 76.15.010 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 value of urban forest-related benefits, highlight trends and issues of concern, identify high priority areas to be addressed, outline strategies for addressing critical issues and urban landscapes, and identify opportunities for the planting of 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. An inventory may evaluate individual trees, groups of trees, or canopy cover within community and urban forests, and must be periodically updated by the department.
     (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. 3   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 in the development and coordination of policies, programs, and activities for the promotion and preservation of community and urban forestry.
     (3) The department may appoint a committee or council 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) The commissioner of public lands shall appoint a technical advisory committee to advise the department in the development of uniform criteria for a statewide community and urban forest inventory and assessment.
     (a) The technical advisory committee must include but is not limited to: Arborists; municipal foresters; educators; consultants; researchers; public works and utilities professionals; information technology specialists; and other affiliated professionals.
     (b) The criteria for a statewide community and urban forest inventory may include, but is not limited to: Tree size; species; location; condition; contribution to canopy cover and volume; available planting spaces; and economic, social, and monetary value.
     (c) The technical advisory committee members must be compensated as provided in RCW 43.03.250 and must 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.
     (6) The department shall, in collaboration with municipalities and a statewide organization representing urban and community forestry programs, develop the implementation plan for the inventory and assessment of the community and urban forests in Washington state.
     (7) The department shall, in collaboration with educational institutions, municipalities, corporations, state and national service organizations, and environmental organizations, conduct a statewide inventory of community and urban forests. Statewide data must be maintained and periodically updated by the department and made available to every municipality.
     (8) The department shall, in collaboration with a statewide organization representing urban and community forestry programs, conduct an urban forest assessment and develop recommendations to the legislature to improve community and urban forestry in Washington state. The commissioner of public lands must report progress annually to the legislature, beginning January 1, 2009.

NEW SECTION.  Sec. 4   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.