READ FIRST TIME 02/11/08.   

     AN ACT Relating to preventing air and water pollution through urban forestry partnerships; amending RCW 76.15.020, 35.92.390, 35A.80.040, 80.28.300, 76.15.010, 89.08.520, 79.105.150, and 80.28.010; reenacting and amending RCW 43.155.070, 70.146.070, and 79A.15.040; adding new sections to chapter 76.15 RCW; adding a new section to chapter 36.01 RCW; adding a new section to chapter 54.16 RCW; adding a new section to chapter 43.155 RCW; adding a new section to chapter 70.146 RCW; adding a new section to chapter 89.08 RCW; adding a new section to chapter 79.105 RCW; adding a new section to chapter 79A.15 RCW; adding a new chapter to Title 35 RCW; creating new sections; and providing an expiration date.

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

     *NEW SECTION.  Sec. 1   (1)(a) The legislature finds that pollution from storm water runoff is a leading source of pollution in Puget Sound and in important water bodies in eastern Washington such as the Columbia river. The decisions and actions of those living in adjacent communities impact the health of these water bodies. The loss of native and mature nonnative, nonnaturalized trees in urban areas throughout the region has contributed significantly to storm water and flooding problems in the region.
     (b) The legislature further finds that the preservation and enhancement of city trees and urban and community forests are one of the most cost-effective ways to protect and improve water quality, air quality, human well-being, and our quality of life.
     (c) The legislature further finds that appropriate selection, siting, and installation of trees can reduce heating and cooling energy costs and related greenhouse gas emissions. Retaining natural soils and vegetation, managing urban trees, planting additional trees, and restoring the functionality of forests on public lands can reduce the amount of pollutants in our communities, reduce utility infrastructure damage, reduce requirements for storm water retention and treatment facilities, and reduce flooding caused by major storm events that can cost the state economy millions of dollars a day. Reforesting urban stream channels can reduce or eliminate regulatory requirements such as total maximum daily load requirements.
     (d) The legislature further finds that there are innovative urban forest management programs and partnerships led by many cities across the state. However, there is no statewide inventory or assessment of our community and urban forests. Few cities have clear goals and standards for their urban forests. About twelve percent of Washington's cities have urban forest management plans and less than half of Washington's communities have tree ordinances. Many communities report the need for better enforcement.
     (2) It is the intent of the legislature to:
     (a) Recognize and support city, town, and county efforts to conserve, protect, improve, and expand Washington's urban forest in order to reduce storm water pollution in Puget Sound, flooding, energy consumption and greenhouse gas emissions, air pollution, and storm impacts to utility infrastructure.
     (b) Assist cities, towns, and counties by developing a statewide community and urban forest inventory, assessment, model plans, and model ordinances, and by providing technical assistance, incentives, and resources to help cities, towns, and counties become evergreen communities by utilizing these tools, maintenance programs, new partnerships, and community involvement.
     (c) Develop the statewide community and urban forest inventory in a way that is compatible with emerging reporting protocols and that could facilitate future access to carbon markets for cities.
     *Sec. 1 was vetoed. See message at end of chapter.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "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; determine 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.
     (2) "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 or groups of trees or canopy cover within community and urban forests, and will be periodically updated by the department of natural resources.
     (3) "Department" means the department of community, trade, and economic development.
     (4) "Evergreen community ordinances" means ordinances adopted by the legislative body of a city, town, or county that relate to urban forests and are consistent with this chapter.
     (5) "Evergreen community" means a city, town, or county designated as such under section 7 of this act.
     (6) "Management plan" means an evergreen community urban forest management plan developed pursuant to this chapter.
     (7) "Public facilities" has the same meaning as defined in RCW 36.70A.030.
     (8) "Public forest" means urban forests owned by the state, city, town, county, or other public entity within or adjacent to the urban growth areas.
     (9) "Reforestation" means establishing and maintaining trees and urban forest canopy in plantable spaces such as street rights-of-way, transportation corridors, interchanges and highways, riparian areas, unstable slopes, shorelines, public lands, and property of willing private land owners.
     (10) "Tree canopy" means the layer of leaves, branches, and stems of trees that cover the ground when viewed from above and that can be measured as a percentage of a land area shaded by trees.
     (11) "Urban forest" has the same definition as provided for the term "community and urban forest" in RCW 76.15.010.

Sec. 3   RCW 76.15.020 and 1991 c 179 s 4 are each amended to read as follows:
     (1) The department may 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 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 of community and urban forestry.
     (3) The department may appoint a committee or council, in addition to the technical advisory committee created in section 5 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.

NEW SECTION.  Sec. 4   A new section is added to chapter 76.15 RCW to read as follows:
     (1)(a) The department may, in collaboration with educational institutions, municipalities, corporations, the technical advisory committee created in section 5 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 not be 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.
     (2) The department may, in collaboration with a statewide organization representing urban and community forestry programs, and with the evergreen communities partnership task force established in section 17 of this act, conduct a community and urban forest assessment and develop recommendations to the appropriate committees of the legislature to improve community and urban forestry in Washington.
     (3) The inventory and assessment in this section must be capable of supporting the adoption and implementation of evergreen community management plans and ordinances described in section 10 of this act.
     (4) The department may, in collaboration with municipalities, the technical advisory committee created in section 5 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.
     (5)(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.
     (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.
     (6) The requirements of this section are subject to the availability of amounts appropriated for the specific purposes of this section.

NEW SECTION.  Sec. 5   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 section 4 of this act.
     (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 upon the completion of the criteria and implementation plan for the statewide community and urban forest inventory and assessment required under section 4 of this act.

NEW SECTION.  Sec. 6   The department shall, in the implementation of this chapter, coordinate with the department of natural resources. Additionally, in the development of the model evergreen community urban forest management plans and ordinances required by section 10 of this act, the department shall utilize the technical expertise of the department of natural resources regarding arboriculture, tree selection, and maintenance.

NEW SECTION.  Sec. 7   (1) The department, with the advice of the evergreen communities partnership task force created in section 17 of this act, shall develop the criteria for an evergreen community recognition program whereby the state can recognize cities, towns, and counties, to be designated as an evergreen community, who are developing excellent urban forest management programs that include community and urban forestry inventories, assessments, plans, ordinances, maintenance programs, partnerships, and community involvement.
     (2)(a) Designation as an evergreen community must include no fewer than two graduated steps.
     (b) The first graduated step of designation as an evergreen community includes satisfaction of the following requirements:
     (i) The development and implementation of a tree board or tree department;
     (ii) The development of a tree care ordinance;
     (iii) The implementation of a community forestry program with an annual budget of at least two dollars for every city resident;
     (iv) Official recognition of arbor day; and
     (v) The completion of an updated community and urban forest inventory for the city, town, or county or the formal adoption of an inventory developed for the city, town, or county by the department of natural resources pursuant to section 4 of this act.
     (c) The second graduated step of designation as an evergreen community includes the adoption of evergreen community management plans and ordinances that exceed the minimum standards in the model evergreen community management plans and ordinances adopted by the department under section 10 of this act.
     (d) The department may require additional graduated steps and establish the minimum requirements for each recognized step.
     (3) The department shall develop gateway signage and logos for an evergreen community.
     (4) The department shall, unless the duty is assumed by the governor, recognize, certify, and designate cities, towns, and counties satisfying the criteria developed under this section as an evergreen community.
     (5) Applications for evergreen community status must be submitted to and evaluated by the department of natural resources.

NEW SECTION.  Sec. 8   A new section is added to chapter 76.15 RCW to read as follows:
     The department shall manage the application and evaluation of candidates for evergreen community designation under section 7 of this act, and forward its recommendations to the department of community, trade, and economic development.

NEW SECTION.  Sec. 9   (1) The department shall, subject to the availability of amounts appropriated for this specific purpose, coordinate with the department of natural resources in the development and implementation of a needs-based evergreen community grant and competitive awards program to provide financial assistance to cities, towns, and counties for the development, adoption, or implementation of evergreen community management plans or ordinances developed under section 14 of this act.
     (2) The grant program authorized in this section shall address both the goals of rewarding innovation by a successful evergreen community and of providing resources and assistance to the applicants with the greatest financial need.
     (3) The department may only provide grants to cities, towns, or counties under this chapter that:
     (a) Are recognized as an evergreen community consistent with section 7 of this act, or are applying for funds that would aid them in their pursuit of evergreen community recognition; and
     (b) Have developed, or are developing urban forest management partnerships with local not-for-profit organizations.

NEW SECTION.  Sec. 10   (1) To the extent that funds are appropriated for this specific purpose, the department shall develop model evergreen community management plans and ordinances pursuant to sections 12 and 13 of this act with measurable goals and timelines to guide plan and ordinance adoption or development consistent with section 14 of this act.
     (2) Model plans and ordinances developed under this section must:
     (a) Recognize ecoregional differences in the state;
     (b) Provide flexibility for the diversity of urban character and relative differences in density and zoning found in Washington's cities, towns, and counties;
     (c) Provide an urban forest landowner inventorying his or her own property with the ability to access existing inventories, technology, and other technical assistance available through the department of natural resources;
     (d) Recognize and provide for vegetation management practices and programs that prevent vegetation from interfering with or damaging utilities, public facilities, and solar panels or buildings specifically designed to optimize passive solar energy; and
     (e) Provide for vegetation management practices and programs that reflect and are consistent with the priorities and goals of the growth management act, chapter 36.70A RCW.
     (3) All model plans and ordinances developed by the department must be developed in conjunction with the evergreen communities partnership task force created in section 17 of this act.
     (4) After the development of model evergreen community plans and ordinances under this section, the department shall, in conjunction with the department of natural resources, distribute and provide outreach regarding the model plans and ordinances and associated best management practices to cities, towns, and counties to aid the cities, towns, and counties in obtaining evergreen community recognition under section 7 of this act.
     (5) By December 1, 2010, the department shall, at a minimum, develop the model evergreen community plans and ordinances required under this section for areas of the state where the department of natural resources has completed community and urban forest inventories pursuant to section 4 of this act.

NEW SECTION.  Sec. 11   (1) The department shall deliver a report to the appropriate committees of the legislature following the development of the model evergreen community management plans and ordinances under section 10 of this act recommending any next steps and additional incentives to increase voluntary participation by cities, towns, and counties in the evergreen community recognition program established in section 7 of this act.
     (2) By the fifteenth day of each consecutive December leading up to the adoption of the model evergreen community plans and ordinances, the department shall deliver a report to the appropriate committees of the legislature outlining progress made towards the development and implementation of the model plans and ordinances.

NEW SECTION.  Sec. 12   In the development of model evergreen community management plans under section 10 of this act, the department shall consider including, but not be limited to, the following elements:
     (1) Inventory and assessment of the jurisdiction's urban and community forests utilized as a dynamic management tool to set goals, implement programs, and monitor outcomes that may be adjusted over time;
     (2) Canopy cover goals;
     (3) Reforestation and tree canopy expansion goals within the city's, town's, and county's boundaries;
     (4) Restoration of public forests;
     (5) Achieving forest stand and diversity goals;
     (6) Maximizing vegetated storm water management with trees and other vegetation that reduces runoff, increases soil infiltration, and reduces storm water pollution;
     (7) Environmental health goals specific to air quality, habitat for wildlife, and energy conservation;
     (8) Vegetation management practices and programs to prevent vegetation from interfering with or damaging utilities and public facilities;
     (9) Prioritizing planting sites;
     (10) Standards for tree selection, siting, planting, and pruning;
     (11) Scheduling maintenance and stewardship for new and established trees;
     (12) Staff and volunteer training requirements emphasizing appropriate expertise and professionalism;
     (13) Guidelines for protecting existing trees from construction-related damage and damage related to preserving territorial views;
     (14) Integrating disease and pest management;
     (15) Wood waste utilization;
     (16) Community outreach, participation, education programs, and partnerships with nongovernment organizations;
     (17) Time frames for achieving plan goals, objectives, and tasks;
     (18) Monitoring and measuring progress toward those benchmarks and goals;
     (19) Consistency with the urban wildland interface codes developed by the state building code council;
     (20) Emphasizing landscape and revegetation plans in residential and commercial development areas where tree retention objectives are challenging to achieve; and
     (21) Maximizing building heating and cooling energy efficiency through appropriate siting of trees for summer shading, passive solar heating in winter, and for wind breaks.

NEW SECTION.  Sec. 13   The department shall, in the development of model evergreen community ordinances under section 10 of this act, consider including, but not be limited to, the following policy elements:
     (1) Tree canopy cover, density, and spacing;
     (2) Tree conservation and retention;
     (3) Vegetated storm water runoff management using native trees and appropriate nonnative, nonnaturalized vegetation;
     (4) Clearing, grading, protection of soils, reductions in soil compaction, and use of appropriate soils with low runoff potential and high infiltration rates;
     (5) Appropriate tree siting and maintenance for vegetation management practices and programs to prevent vegetation from interfering with or damaging utilities and public facilities;
     (6) Native species and nonnative, nonnaturalized species diversity selection to reduce disease and pests in urban forests;
     (7) Tree maintenance;
     (8) Street tree installation and maintenance;
     (9) Tree and vegetation buffers for riparian areas, critical areas, transportation and utility corridors, and commercial and residential areas;
     (10) Tree assessments for new construction permitting;
     (11) Recommended forest conditions for different land use types;
     (12) Variances for hardship and safety;
     (13) Variances to avoid conflicts with renewable solar energy infrastructure, passive solar building design, and locally grown produce; and
     (14) Permits and appeals.

NEW SECTION.  Sec. 14   (1) A city, town, or county may adopt evergreen community management plans and ordinances, including enforcement mechanisms and civil penalties for violations of its evergreen community ordinances.
     (2) Evergreen community ordinances adopted under this section may not prohibit or conflict with vegetation management practices and programs undertaken to prevent vegetation from interfering with or damaging utilities and public facilities.
     (3) Management plans developed by cities, towns, or counties must be based on urban forest inventories for the city, town, or county covered by the management plan. The city, town, or county developing the management plan may produce independent inventories themselves or rely solely on inventories developed, commissioned, or approved by the department of natural resources under chapter 76.15 RCW.
     (4) Cities, towns, or counties may establish a local evergreen community advisory board or utilize existing citizen boards focused on municipal tree issues to achieve appropriate expert and stakeholder participation in the adoption and development of inventories, assessments, ordinances, and plans consistent with this chapter.
     (5) A city, town, or county shall invite the expert advice of utilities serving within its jurisdiction for the purpose of developing and adopting appropriate plans for vegetation management practices and programs to prevent vegetation from interfering with or damaging utilities and public facilities.

NEW SECTION.  Sec. 15   A new section is added to chapter 36.01 RCW to read as follows:
     (1) Any county may adopt evergreen community ordinances, as that term is defined in section 2 of this act, which the county must apply to new building or land development in the unincorporated portions of the county's urban growth areas, as that term is defined in RCW 36.70A.030, and may apply to other areas of the county as deemed appropriate by the county.
     (2) As an alternative to subsection (1) of this section, a city or town may request that the county in which it is located apply to any new building or land development permit in the unincorporated portions of the urban growth areas, as defined in RCW 36.70A.030, the evergreen community ordinances standards adopted under section 14 of this act by the city or town in the county located closest to the proposed building or development.

NEW SECTION.  Sec. 16   (1) A city, town, or county seeking evergreen community recognition under section 7 of this act shall submit its management plans and evergreen community ordinances to the department for review and comment at least sixty days prior to its planned implementation date.
     (2) The department shall, together with the department of natural resources, review any evergreen community ordinances or management plans submitted. When reviewing ordinances or plans under this section, the department shall focus its review on the plan's consistency with this chapter and the model evergreen community management plans and ordinances adopted under section 10 of this act. When the following entities submit evergreen community ordinances and management plans for review, they must be considered by the department, together with the department of natural resources, the department of fish and wildlife, and the Puget Sound partnership: A county adjacent to Puget Sound or any city located within any of those counties. The reviewing departments may provide written comments on both plans and ordinances.
     (3) Together with the department of natural resources, the department may offer technical assistance in the development of evergreen community ordinances and management plans.

NEW SECTION.  Sec. 17   (1) The director of the department shall assemble and convene the evergreen communities partnership task force of no more than twenty-five individuals to aid and advise the department in the administration of this chapter.
     (2) At the discretion of the department, the task force may be disbanded once the urban and community forests assessments conducted by the department of natural resources under section 4 of this act and the model evergreen community management plans and ordinances developed under section 10 of this act are completed.
     (3) Representatives of the department of natural resources and the department of ecology shall participate in the task force.
     (4) The department shall invite individuals representing the following entities to serve on the task force:
     (a) A statewide council representing urban and community forestry programs authorized under RCW 76.15.020;
     (b) A conservation organization with expertise in Puget Sound storm water management;
     (c) At least two cities, one from a city east and one from a city west of the crest of the Cascade mountains;
     (d) At least two counties, one from a county east and one from a county west of the crest of the Cascade mountains;
     (e) Two land development professionals or representative associations representing development professionals affected by tree retention ordinances and storm water management policies;
     (f) A national conservation organization with a network of chapter volunteers working to conserve habitat for birds and wildlife;
     (g) A land trust conservation organization facilitating urban forest management partnerships;
     (h) A national conservation organization with expertise in backyard, schoolyard, and community wildlife habitat development;
     (i) A public works professional;
     (j) A private utility;
     (k) A national forest land trust exclusively dedicated to sustaining America's vast and vital private forests and safeguarding their many public benefits;
     (l) Professionals with expertise in local land use planning, housing, or infrastructure; and
     (m) The timber industry.
     (5) The department is encouraged to recruit task force members who are able to represent two or more of the stakeholder groups listed in subsection (4) of this section.
     (6) In assembling the task force, the department shall strive to achieve representation from as many of the state's major ecoregions as possible.
     (7) Each member of the task force shall serve without compensation. Task force members that are not state employees may be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060.

NEW SECTION.  Sec. 18   Nothing in this chapter may be construed to:
     (1) Conflict or supersede with any requirements, duties, or objectives placed on local governments under chapter 36.70A RCW with specific emphasis on allowing cities and unincorporated urban growth areas to achieve their desired residential densities in a manner and character consistent with RCW 36.70A.110; or
     (2) Apply to lands designated under chapters 76.09, 79.70, 79.71, 84.33, and 84.34 RCW.

Sec. 19   RCW 35.92.390 and 1993 c 204 s 2 are each amended to read as follows:
     (1) Municipal utilities under this chapter are encouraged to provide information to their customers regarding landscaping that includes tree planting for energy conservation.
     (2)(a) Municipal utilities under this chapter are encouraged to request voluntary donations from their customers for the purposes of urban forestry. The request may be in the form of a check-off on the billing statement or other form of request for a voluntary donation.
     (b) Voluntary donations collected by municipal utilities under this section may be used by the municipal utility to:
     (i) Support the development and implementation of evergreen community ordinances, as that term is defined in section 2 of this act, for cities, towns, or counties within their service areas; or
     (ii) Complete projects consistent with the model evergreen community management plans and ordinances developed under section 10 of this act.
     (c) Donations received under this section do not contribute to the gross income of a light and power business or gas distribution business under chapter 82.16 RCW.

Sec. 20   RCW 35A.80.040 and 1993 c 204 s 3 are each amended to read as follows:
     (1) Code cities providing utility services under this chapter are encouraged to provide information to their customers regarding landscaping that includes tree planting for energy conservation.
     (2)(a) Code cities providing utility services under this chapter are encouraged to request voluntary donations from their customers for the purposes of urban forestry. The request may be in the form of a check-off on the billing statement or other form of a request for a voluntary donation.
     (b) Voluntary donations collected by code cities under this section may be used by the code city to:
     (i) Support the development and implementation of evergreen community ordinances, as that term is defined in section 2 of this act, for cities, towns, or counties within their service areas; or
     (ii) Complete projects consistent with the model evergreen community management plans and ordinances developed under section 10 of this act.
     (c) Donations received under this section do not contribute to the gross income of a light and power business or gas distribution business under chapter 82.16 RCW.

Sec. 21   RCW 80.28.300 and 1993 c 204 s 4 are each amended to read as follows:
     (1) Gas companies and electrical companies under this chapter ((may)) are encouraged to provide information to their customers regarding landscaping that includes tree planting for energy conservation.
     (2)(a) Gas companies and electrical companies under this chapter may request voluntary donations from their customers for the purposes of urban forestry. The request may be in the form of a check-off on the billing statement or other form of a request for a voluntary donation.
     (b) Voluntary donations collected by gas companies and electrical companies under this section may be used by the gas companies and electrical companies to:
     (i) Support the development and implementation of evergreen community ordinances, as that term is defined in section 2 of this act, for cities, towns, or counties within their service areas; or
     (ii) Complete projects consistent with the model evergreen community management plans and ordinances developed under section 10 of this act.
     (c) Donations received under this section do not contribute to the gross income of a light and power business or gas distribution business under chapter 82.16 RCW.

NEW SECTION.  Sec. 22   A new section is added to chapter 54.16 RCW to read as follows:
     (1) Public utility districts may request voluntary donations from their customers for the purposes of urban forestry. The request may be in the form of a check-off on the billing statement or other form of a request for a voluntary donation.
     (2) Voluntary donations collected by public utility districts under this section may be used by the public utility district to:
     (a) Support the development and implementation of evergreen community ordinances, as that term is defined in section 2 of this act, for cities, towns, or counties within their service areas; or
     (b) Complete projects consistent with the model evergreen community management plans and ordinances developed under section 10 of this act.
     (3) Donations received under this section do not contribute to the gross income of a light and power business or gas distribution business under chapter 82.16 RCW.

Sec. 23   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.
     (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" has the same meaning as defined in section 2 of this act.
     (3) "Community and urban forest inventory" has the same meaning as defined in section 2 of this act.
     (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.

NEW SECTION.  Sec. 24   (1) In an effort to better understand the needs of cities, towns, and counties interested in pursuing designation as an evergreen community under section 7 of this act, the legislature intends to encourage cities, towns, and counties to:
     (a) Identify their interests in becoming an evergreen community; and
     (b) Identify community and urban forests within their applicable urban growth areas that are appropriately situated for the city, town, or county to assume ownership from willing sellers for urban forest management purposes consistent with this act.
     (2) If a city, town, or county opts to provide a list of identified properties under this section, including the estimated value of the properties and documentation on the owner's willingness to participate, the information must be provided to the department by October 31, 2008.
     (3) The department must report a summary of the properties reported to it under this section, along with the itemized and summarized estimated costs involved with the purchases, to the appropriate committees of the legislature by December 15, 2008.
     (4) This section expires July 31, 2009.

Sec. 25   RCW 43.155.070 and 2007 c 341 s 24 and 2007 c 231 s 2 are each reenacted and amended to read as follows:
     (1) To qualify for loans or pledges under this chapter the board must determine that a local government meets all of the following conditions:
     (a) The city or county must be imposing a tax under chapter 82.46 RCW at a rate of at least one-quarter of one percent;
     (b) The local government must have developed a capital facility plan; and
     (c) The local government must be using all local revenue sources which are reasonably available for funding public works, taking into consideration local employment and economic factors.
     (2) Except where necessary to address a public health need or substantial environmental degradation, a county, city, or town planning under RCW 36.70A.040 must have adopted a comprehensive plan, including a capital facilities plan element, and development regulations as required by RCW 36.70A.040. This subsection does not require any county, city, or town planning under RCW 36.70A.040 to adopt a comprehensive plan or development regulations before requesting or receiving a loan or loan guarantee under this chapter if such request is made before the expiration of the time periods specified in RCW 36.70A.040. A county, city, or town planning under RCW 36.70A.040 which has not adopted a comprehensive plan and development regulations within the time periods specified in RCW 36.70A.040 is not prohibited from receiving a loan or loan guarantee under this chapter if the comprehensive plan and development regulations are adopted as required by RCW 36.70A.040 before submitting a request for a loan or loan guarantee.
     (3) In considering awarding loans for public facilities to special districts requesting funding for a proposed facility located in a county, city, or town planning under RCW 36.70A.040, the board shall consider whether the county, city, or town planning under RCW 36.70A.040 in whose planning jurisdiction the proposed facility is located has adopted a comprehensive plan and development regulations as required by RCW 36.70A.040.
     (4) The board shall develop a priority process for public works projects as provided in this section. The intent of the priority process is to maximize the value of public works projects accomplished with assistance under this chapter. The board shall attempt to assure a geographical balance in assigning priorities to projects. The board shall consider at least the following factors in assigning a priority to a project:
     (a) Whether the local government receiving assistance has experienced severe fiscal distress resulting from natural disaster or emergency public works needs;
     (b) Except as otherwise conditioned by RCW 43.155.110, whether the entity receiving assistance is a Puget Sound partner, as defined in RCW 90.71.010;
     (c) Whether the project is referenced in the action agenda developed by the Puget Sound partnership under RCW 90.71.310;
     (d) Whether the project is critical in nature and would affect the health and safety of a great number of citizens;
     (e) Whether the applicant has developed and adhered to guidelines regarding its permitting process for those applying for development permits consistent with section 1(2), chapter 231, Laws of 2007;
     (f) The cost of the project compared to the size of the local government and amount of loan money available;
     (g) The number of communities served by or funding the project;
     (h) Whether the project is located in an area of high unemployment, compared to the average state unemployment;
     (i) Whether the project is the acquisition, expansion, improvement, or renovation by a local government of a public water system that is in violation of health and safety standards, including the cost of extending existing service to such a system;
     (j) Except as otherwise conditioned by section 30 of this act, and effective one calendar year following the development of model evergreen community management plans and ordinances under section 10 of this act, whether the entity receiving assistance has been recognized, and what gradation of recognition was received, in the evergreen community recognition program created in section 7 of this act;
     (k) The relative benefit of the project to the community, considering the present level of economic activity in the community and the existing local capacity to increase local economic activity in communities that have low economic growth; and
     (((k))) (l) Other criteria that the board considers advisable.
     (5) Existing debt or financial obligations of local governments shall not be refinanced under this chapter. Each local government applicant shall provide documentation of attempts to secure additional local or other sources of funding for each public works project for which financial assistance is sought under this chapter.
     (6) Before November 1st of each year, the board shall develop and submit to the appropriate fiscal committees of the senate and house of representatives a description of the loans made under RCW 43.155.065, 43.155.068, and subsection (9) of this section during the preceding fiscal year and a prioritized list of projects which are recommended for funding by the legislature, including one copy to the staff of each of the committees. The list shall include, but not be limited to, a description of each project and recommended financing, the terms and conditions of the loan or financial guarantee, the local government jurisdiction and unemployment rate, demonstration of the jurisdiction's critical need for the project and documentation of local funds being used to finance the public works project. The list shall also include measures of fiscal capacity for each jurisdiction recommended for financial assistance, compared to authorized limits and state averages, including local government sales taxes; real estate excise taxes; property taxes; and charges for or taxes on sewerage, water, garbage, and other utilities.
     (7) The board shall not sign contracts or otherwise financially obligate funds from the public works assistance account before the legislature has appropriated funds for a specific list of public works projects. The legislature may remove projects from the list recommended by the board. The legislature shall not change the order of the priorities recommended for funding by the board.
     (8) Subsection (7) of this section does not apply to loans made under RCW 43.155.065, 43.155.068, and subsection (9) of this section.
     (9) Loans made for the purpose of capital facilities plans shall be exempted from subsection (7) of this section.
     (10) To qualify for loans or pledges for solid waste or recycling facilities under this chapter, a city or county must demonstrate that the solid waste or recycling facility is consistent with and necessary to implement the comprehensive solid waste management plan adopted by the city or county under chapter 70.95 RCW.
     (11) After January 1, 2010, any project designed to address the effects of storm water or wastewater on Puget Sound may be funded under this section only if the project is not in conflict with the action agenda developed by the Puget Sound partnership under RCW 90.71.310.

Sec. 26   RCW 70.146.070 and 2007 c 341 s 60 and 2007 c 341 s 26 are each reenacted and amended to read as follows:
     (1) When making grants or loans for water pollution control facilities, the department shall consider the following:
     (a) The protection of water quality and public health;
     (b) The cost to residential ratepayers if they had to finance water pollution control facilities without state assistance;
     (c) Actions required under federal and state permits and compliance orders;
     (d) The level of local fiscal effort by residential ratepayers since 1972 in financing water pollution control facilities;
     (e) Except as otherwise conditioned by RCW 70.146.110, whether the entity receiving assistance is a Puget Sound partner, as defined in RCW 90.71.010;
     (f) Whether the project is referenced in the action agenda developed by the Puget Sound partnership under RCW 90.71.310;
     (g) Except as otherwise provided in section 31 of this act, and effective one calendar year following the development and statewide availability of model evergreen community management plans and ordinances under section 10 of this act, whether the project is sponsored by an entity that has been recognized, and what gradation of recognition was received, in the evergreen community recognition program created in section 7 of this act;
     (h) The extent to which the applicant county or city, or if the applicant is another public body, the extent to which the county or city in which the applicant public body is located, has established programs to mitigate nonpoint pollution of the surface or subterranean water sought to be protected by the water pollution control facility named in the application for state assistance; and
     (((h))) (i) The recommendations of the Puget Sound partnership, created in RCW 90.71.210, and any other board, council, commission, or group established by the legislature or a state agency to study water pollution control issues in the state.
     (2) Except where necessary to address a public health need or substantial environmental degradation, a county, city, or town planning under RCW 36.70A.040 may not receive a grant or loan for water pollution control facilities unless it has adopted a comprehensive plan, including a capital facilities plan element, and development regulations as required by RCW 36.70A.040. This subsection does not require any county, city, or town planning under RCW 36.70A.040 to adopt a comprehensive plan or development regulations before requesting or receiving a grant or loan under this chapter if such request is made before the expiration of the time periods specified in RCW 36.70A.040. A county, city, or town planning under RCW 36.70A.040 which has not adopted a comprehensive plan and development regulations within the time periods specified in RCW 36.70A.040 is not prohibited from receiving a grant or loan under this chapter if the comprehensive plan and development regulations are adopted as required by RCW 36.70A.040 before submitting a request for a grant or loan.
     (3) Whenever the department is considering awarding grants or loans for public facilities to special districts requesting funding for a proposed facility located in a county, city, or town planning under RCW 36.70A.040, it shall consider whether the county, city, or town planning under RCW 36.70A.040 in whose planning jurisdiction the proposed facility is located has adopted a comprehensive plan and development regulations as required by RCW 36.70A.040.
     (4) After January 1, 2010, any project designed to address the effects of water pollution on Puget Sound may be funded under this chapter only if the project is not in conflict with the action agenda developed by the Puget Sound partnership under RCW 90.71.310.

Sec. 27   RCW 89.08.520 and 2007 c 341 s 28 are each amended to read as follows:
     (1) In administering grant programs to improve water quality and protect habitat, the commission shall:
     (a) Require grant recipients to incorporate the environmental benefits of the project into their grant applications;
     (b) In its grant prioritization and selection process, consider:
     (i) The statement of environmental benefits;
     (ii) Whether, except as conditioned by RCW 89.08.580, the applicant is a Puget Sound partner, as defined in RCW 90.71.010, and except as otherwise provided in section 32 of this act, and effective one calendar year following the development and statewide availability of model evergreen community management plans and ordinances under section 10 of this act, whether the applicant is an entity that has been recognized, and what gradation of recognition was received, in the evergreen community recognition program created in section 7 of this act; and
     (iii) Whether the project is referenced in the action agenda developed by the Puget Sound partnership under RCW 90.71.310; and
     (c) Not provide funding, after January 1, 2010, for projects designed to address the restoration of Puget Sound that are in conflict with the action agenda developed by the Puget Sound partnership under RCW 90.71.310.
     (2)(a) The commission shall also develop appropriate outcome-focused performance measures to be used both for management and performance assessment of the grant program.
     (b) The commission shall work with the districts to develop uniform performance measures across participating districts and, to the extent possible, the commission should coordinate its performance measure system with other natural resource-related agencies as defined in RCW 43.41.270. The commission shall consult with affected interest groups in implementing this section.

Sec. 28   RCW 79.105.150 and 2007 c 341 s 32 are each amended to read as follows:
     (1) After deduction for management costs as provided in RCW 79.64.040 and payments to towns under RCW 79.115.150(2), all moneys received by the state from the sale or lease of state-owned aquatic lands and from the sale of valuable material from state-owned aquatic lands shall be deposited in the aquatic lands enhancement account which is hereby created in the state treasury. After appropriation, these funds shall be used solely for aquatic lands enhancement projects; for the purchase, improvement, or protection of aquatic lands for public purposes; for providing and improving access to the lands; and for volunteer cooperative fish and game projects.
     (2) In providing grants for aquatic lands enhancement projects, the ((interagency committee for outdoor)) recreation and conservation funding board shall:
     (a) Require grant recipients to incorporate the environmental benefits of the project into their grant applications;
     (b) Utilize the statement of environmental benefits, consideration, except as provided in RCW 79.105.610, of whether the applicant is a Puget Sound partner, as defined in RCW 90.71.010, ((and)) whether a project is referenced in the action agenda developed by the Puget Sound partnership under RCW 90.71.310, and except as otherwise provided in section 33 of this act, and effective one calendar year following the development and statewide availability of model evergreen community management plans and ordinances under section 10 of this act, whether the applicant is an entity that has been recognized, and what gradation of recognition was received, in the evergreen community recognition program created in section 7 of this act in its prioritization and selection process; and
     (c) Develop appropriate outcome-focused performance measures to be used both for management and performance assessment of the grants.
     (3) To the extent possible, the department should coordinate its performance measure system with other natural resource-related agencies as defined in RCW 43.41.270.
     (4) The department shall consult with affected interest groups in implementing this section.
     (5) After January 1, 2010, any project designed to address the restoration of Puget Sound may be funded under this chapter only if the project is not in conflict with the action agenda developed by the Puget Sound partnership under RCW 90.71.310.

Sec. 29   RCW 79A.15.040 and 2007 c 341 s 34 and 2007 c 241 s 29 are each reenacted and amended to read as follows:
     (1) Moneys appropriated for this chapter to the habitat conservation account shall be distributed in the following way:
     (a) Not less than forty percent through June 30, 2011, at which time the amount shall become forty-five percent, for the acquisition and development of critical habitat;
     (b) Not less than thirty percent for the acquisition and development of natural areas;
     (c) Not less than twenty percent for the acquisition and development of urban wildlife habitat; and
     (d) Not less than ten percent through June 30, 2011, at which time the amount shall become five percent, shall be used by the board to fund restoration and enhancement projects on state lands. Only the department of natural resources and the department of fish and wildlife may apply for these funds to be used on existing habitat and natural area lands.
     (2)(a) In distributing these funds, the board retains discretion to meet the most pressing needs for critical habitat, natural areas, and urban wildlife habitat, and is not required to meet the percentages described in subsection (1) of this section in any one biennium.
     (b) If not enough project applications are submitted in a category within the habitat conservation account to meet the percentages described in subsection (1) of this section in any biennium, the board retains discretion to distribute any remaining funds to the other categories within the account.
     (3) Only state agencies may apply for acquisition and development funds for natural areas projects under subsection (1)(b) of this section.
     (4) State and local agencies may apply for acquisition and development funds for critical habitat and urban wildlife habitat projects under subsection (1)(a) and (c) of this section.
     (5)(a) Any lands that have been acquired with grants under this section by the department of fish and wildlife are subject to an amount in lieu of real property taxes and an additional amount for control of noxious weeds as determined by RCW 77.12.203.
     (b) Any lands that have been acquired with grants under this section by the department of natural resources are subject to payments in the amounts required under the provisions of RCW 79.70.130 and 79.71.130.
     (6)(((a))) Except as otherwise conditioned by RCW 79A.15.140 or section 34 of this act, the ((committee)) board in its evaluating process shall consider the following in determining distribution priority:
     (((i))) (a) Whether the entity applying for funding is a Puget Sound partner, as defined in RCW 90.71.010; ((and
     (ii))) (b) Effective one calendar year following the development and statewide availability of model evergreen community management plans and ordinances under section 10 of this act, whether the entity receiving assistance has been recognized, and what gradation of recognition was received, in the evergreen community recognition program created in section 7 of this act; and
     (c) Whether the project is referenced in the action agenda developed by the Puget Sound partnership under RCW 90.71.310.
     (7) After January 1, 2010, any project designed to address the restoration of Puget Sound may be funded under this chapter only if the project is not in conflict with the action agenda developed by the Puget Sound partnership under RCW 90.71.310.

NEW SECTION.  Sec.30   A new section is added to chapter 43.155 RCW to read as follows:
     When administering funds under this chapter, the board shall give preference only to an evergreen community recognized under section 7 of this act in comparison to other entities that are eligible to receive evergreen community designation. Entities not eligible for designation as an evergreen community shall not be given less preferential treatment than an evergreen community.

NEW SECTION.  Sec. 31   A new section is added to chapter 70.146 RCW to read as follows:
     When administering funds under this chapter, the department shall give preference only to an evergreen community recognized under section 7 of this act in comparison to other entities that are eligible to receive evergreen community designation. Entities not eligible for designation as an evergreen community shall not be given less preferential treatment than an evergreen community.

NEW SECTION.  Sec. 32   A new section is added to chapter 89.08 RCW to read as follows:
     When administering funds under this chapter, the commission shall give preference only to an evergreen community recognized under section 7 of this act in comparison to other entities that are eligible to receive evergreen community designation. Entities not eligible for designation as an evergreen community shall not be given less preferential treatment than an evergreen community.

NEW SECTION.  Sec. 33   A new section is added to chapter 79.105 RCW to read as follows:
     When administering funds under this chapter, the recreation and conservation funding board shall give preference only to an evergreen community recognized under section 7 of this act in comparison to other entities that are eligible to receive evergreen community designation. Entities not eligible for designation as an evergreen community shall not be given less preferential treatment than an evergreen community.

NEW SECTION.  Sec. 34   A new section is added to chapter 79A.15 RCW to read as follows:
     When administering funds under this chapter, the recreation and conservation funding board shall give preference only to an evergreen community recognized under section 7 of this act in comparison to other entities that are eligible to receive evergreen community designation. Entities not eligible for designation as an evergreen community shall not be given less preferential treatment than an evergreen community.

Sec. 35   RCW 80.28.010 and 1995 c 399 s 211 are each amended to read as follows:
     (1) All charges made, demanded or received by any gas company, electrical company or water company for gas, electricity or water, or for any service rendered or to be rendered in connection therewith, shall be just, fair, reasonable and sufficient. Reasonable charges necessary to cover the cost of administering the collection of voluntary donations for the purposes of supporting the development and implementation of evergreen community management plans and ordinances under RCW 80.28.300 shall be deemed as prudent and necessary for the operation of a utility.
     (2) Every gas company, electrical company and water company shall furnish and supply such service, instrumentalities and facilities as shall be safe, adequate and efficient, and in all respects just and reasonable.
     (3) All rules and regulations issued by any gas company, electrical company or water company, affecting or pertaining to the sale or distribution of its product, shall be just and reasonable.
     (4) Utility service for residential space heating shall not be terminated between November 15 through March 15 if the customer:
     (a) Notifies the utility of the inability to pay the bill, including a security deposit. This notice should be provided within five business days of receiving a payment overdue notice unless there are extenuating circumstances. If the customer fails to notify the utility within five business days and service is terminated, the customer can, by paying reconnection charges, if any, and fulfilling the requirements of this section, receive the protections of this chapter;
     (b) Provides self-certification of household income for the prior twelve months to a grantee of the department of community, trade, and economic development which administers federally funded energy assistance programs. The grantee shall determine that the household income does not exceed the maximum allowed for eligibility under the state's plan for low-income energy assistance under 42 U.S.C. 8624 and shall provide a dollar figure that is seven percent of household income. The grantee may verify information provided in the self-certification;
     (c) Has applied for home heating assistance from applicable government and private sector organizations and certifies that any assistance received will be applied to the current bill and future utility bills;
     (d) Has applied for low-income weatherization assistance to the utility or other appropriate agency if such assistance is available for the dwelling;
     (e) Agrees to a payment plan and agrees to maintain the payment plan. The plan will be designed both to pay the past due bill by the following October 15 and to pay for continued utility service. If the past due bill is not paid by the following October 15, the customer shall not be eligible for protections under this chapter until the past due bill is paid. The plan shall not require monthly payments in excess of seven percent of the customer's monthly income plus one-twelfth of any arrearage accrued from the date application is made and thereafter during November 15 through March 15. A customer may agree to pay a higher percentage during this period, but shall not be in default unless payment during this period is less than seven percent of monthly income plus one-twelfth of any arrearage accrued from the date application is made and thereafter. If assistance payments are received by the customer subsequent to implementation of the plan, the customer shall contact the utility to reformulate the plan; and
     (f) Agrees to pay the moneys owed even if he or she moves.
     (5) The utility shall:
     (a) Include in any notice that an account is delinquent and that service may be subject to termination, a description of the customer's duties in this section;
     (b) Assist the customer in fulfilling the requirements under this section;
     (c) Be authorized to transfer an account to a new residence when a customer who has established a plan under this section moves from one residence to another within the same utility service area;
     (d) Be permitted to disconnect service if the customer fails to honor the payment program. Utilities may continue to disconnect service for those practices authorized by law other than for nonpayment as provided for in this subsection. Customers who qualify for payment plans under this section who default on their payment plans and are disconnected can be reconnected and maintain the protections afforded under this chapter by paying reconnection charges, if any, and by paying all amounts that would have been due and owing under the terms of the applicable payment plan, absent default, on the date on which service is reconnected; and
     (e) Advise the customer in writing at the time it disconnects service that it will restore service if the customer contacts the utility and fulfills the other requirements of this section.
     (6) A payment plan implemented under this section is consistent with RCW 80.28.080.
     (7) Every gas company and electrical company shall offer residential customers the option of a budget billing or equal payment plan. The budget billing or equal payment plan shall be offered low-income customers eligible under the state's plan for low-income energy assistance prepared in accordance with 42 U.S.C. 8624(C)(1) without limiting availability to certain months of the year, without regard to the length of time the customer has occupied the premises, and without regard to whether the customer is the tenant or owner of the premises occupied.
     (8) Every gas company, electrical company and water company shall construct and maintain such facilities in connection with the manufacture and distribution of its product as will be efficient and safe to its employees and the public.
     (9) An agreement between the customer and the utility, whether oral or written, shall not waive the protections afforded under this chapter.
     (10) In establishing rates or charges for water service, water companies as defined in RCW 80.04.010 may consider the achievement of water conservation goals and the discouragement of wasteful water use practices.

NEW SECTION.  Sec. 36   Sections 1, 2, 6, 7, 9 through 14, 16 through 18, and 24 of this act constitute a new chapter in Title 35 RCW.

NEW SECTION.  Sec. 37   This act may be known and cited as the evergreen communities act.

NEW SECTION.  Sec. 38   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.