SENATE BILL REPORT
SB 5211
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
As Reported by Senate Committee On:
Natural Resources & Marine Waters, February 14, 2011
Title: An act relating to forest practices applications leading to conversion of land for development purposes.
Brief Description: Concerning forest practices applications leading to conversion of land for development purposes.
Sponsors: Senators Haugen, Swecker, Morton, Ranker and Hargrove.
Brief History:
Committee Activity: Natural Resources & Marine Waters: 1/27/11, 2/14/11 [DPS].
SENATE COMMITTEE ON NATURAL RESOURCES & MARINE WATERS |
Majority Report: That Substitute Senate Bill No. 5211 be substituted therefor, and the substitute bill do pass.
Signed by Senators Ranker, Chair; Regala, Vice Chair; Morton, Ranking Minority Member; Fraser, Hargrove, Stevens and Swecker.
Staff: Sherry McNamara (786-7402)
Background: The Forest Practices Act establishes four classes of forest practices based on the potential for the proposed operation to adversely affect public resources. The Forest Practices Board (Board) establishes standards that determine which forest practices are included in each class. The different classes determine the level of Department of Natural Resources (DNR) involvement in the permitting process, as follows:
Class I forest practices are those determined by the Board to have no direct potential for damaging a public resource.
Class II forest practices have a less than ordinary potential for damaging a public resource.
Class III forest practices are more substantial than Class II, but less substantial than Class IV.
Class IV forest practice activities have the potential for substantial environmental impacts and are separated into two sub-classes:
Class IV-Special, which require compliance with the State Environmental Protection Act (SEPA) rules; and
Class IV-General.
Class IV-General forest practices are those activities to be related to land uses other than forestry. These proposals may require a license or permit from a local government agency associated with a county or city. The local government agency assumes lead agency status for purposes of ensuring compliance with SEPA.
Class IV-General forest practices include:
activities where forestland is to be converted to another use;
activities on lands likely to be converted to urban development; and
activities on lands platted after January 1, 1960.
Summary of Bill (Recommended Substitute): Class IV General forest practices include activities where forest land is being converted to another use.
EFFECT OF CHANGES MADE BY NATURAL RESOURCES & MARINE WATERS COMMITTEE (Recommended Substitute):
Removes the description of forest land that will convert to a non-forestry use.
States Class IV forest practices include activities where forest lands are being converted to another use.
Appropriation: None.
Fiscal Note: Available.
Committee/Commission/Task Force Created: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony on Original Bill: PRO: Processing forest practice applications is very costly to the counties. It is also a disincentive to landowners that want to do a forest practice to have to go through the conversion and SEPA requirements. Referring to platted lands after 1960 does not make sense. Our state has evolved over the past 40 years. We have gone through growth management, shorelines management, and the rules have changed for forest practices; and, this bill will update the process so that it makes sense. It will save forestland and reduce administrative costs. The fiscal consideration for this bill may mean a loss in revenue, but there will also be an increase in forest excise tax which should balance each other out.
CON: The Department of Ecology (DOE) cannot support this bill because of the fiscal impact.
Persons Testifying: PRO: Sharon Dillon, Kendra Smith, Skagit County; Josh Weiss, Washington Association of Counties; Dave Chamberlain, Skagit County Forest Advisory Board; Paul Wagner, Society of American Foresters; Miguel Perez-Gibson, Washington Environmental Council; Darin Cramer, DNR.
CON: Stephen Bernath, DOE.