AN ACT Relating to increasing forest practices fees to pay for program implementation costs and a new online system for forest practices review; amending RCW 76.09.065; creating a new section; and providing an effective date.

(1) The public should know about forest practices in the state and needs access to information. The legislature also finds that the forestland owners subject to the forest practices act in the state benefit from having a data system that reflects the forest practices that they conduct as it allows for public involvement in protecting public resources and allowing for a viable forest products industry. The department of natural resources manages an information system that allows for public review of proposed forest practices and that system is in need of an upgrade and maintenance. It is the intent of the legislature to have landowners who submit forest applications and notification to share in covering the cost of the upgrade as well as provide revenue to support the ongoing maintenance of the new forest practices online review system through increased fees.

(3) The cost of implementing the forest practices program, including the forest practices online review system, increases over time and the department should have the ability to increase fees consistent with established fiscal growth factors to help cover the increased costs.

(1) An applicant shall pay an application fee, if applicable, at the time an application or notification is submitted to the department or to the local governmental entity as provided in this chapter.

(2)(a) If RCW 77.55.361, 76.09.490, 76.09.040, and 76.09.060 are not enacted into law by June 30, 2012, then the fee for applications and notifications submitted to the department shall be ((fifty dollars))$50 for class II, III, and IV forest practices applications or notifications relating to the commercial harvest of timber. However, the fee shall be ((five hundred dollars))$500 for class IV forest practices applications on lands being converted to other uses or on lands which are not to be reforested because of the likelihood of future conversion to urban development or on lands that are contained within "urban growth areas," designated pursuant to chapter 36.70A RCW, except the fee shall be ((fifty dollars))$50 on those lands where the forestland owner provides:

(i) A written statement of intent signed by the forestland owner not to convert to a use other than commercial forest product operations for ((ten))10 years, accompanied by either a written forest management plan acceptable to the department or documentation that the land is enrolled under the provisions of chapter 84.33 RCW; or

(A) The fee for applications and notifications ((relating to the commercial harvest of timber)) submitted to the department ((shall be one hundred dollars))is $165 for class II applications and notifications, class III applications, and class IV forest practices that have a potential for a substantial impact on the environment and therefore require an evaluation by the department as to whether or not a detailed statement must be prepared pursuant to the state environmental policy act, chapter 43.21C RCW, when the application or notification is submitted by a landowner who satisfies the definition of small forestland owner provided in RCW 76.09.450 and the application or notification applies to a single contiguous ownership consisting of one or more parcels;

(B) The fee for applications and notifications ((relating to the commercial harvest of timber)) submitted to the department ((shall be one hundred fifty dollars))is $245 for class II applications and notifications, class III applications, and class IV forest practices that have a potential for a substantial impact on the environment and therefore require an evaluation by the department as to whether or not a detailed statement must be prepared pursuant to the state environmental policy act, chapter 43.21C RCW, when the application or notification is submitted by a landowner who does not satisfy the criteria for a reduced application fee as provided in (b)(i)(A) of this subsection (2); and

(C) The fee ((shall be one thousand five hundred dollars))is $1,500 for class IV forest practices applications on lands being converted to other uses or on lands that are not to be reforested because of the likelihood of future conversion to urban development or on lands that are contained within urban growth areas, designated pursuant to chapter 36.70A RCW, except the fee shall be the same as for a class III forest practices application where the forestland owner provides:

(I) A written statement of intent signed by the forestland owner not to convert to a use other than commercial forest product operations for ((ten))10 years, accompanied by either a written forest management plan acceptable to the department or documentation that the land is enrolled under the provisions of chapter 84.33 RCW; or

(ii) If the board has not incorporated fish protection standards adopted under chapter 77.55 RCW into the forest practices rules and approved technical guidance as required under RCW 76.09.040 by December 31, 2013, the fee for applications and notifications submitted to the department shall be as provided under (a) of this subsection until the rules are adopted and technical guidance approved.

(3) The forest practices application account is created in the state treasury. Moneys in the account may be spent only after appropriation. All money collected from fees under subsection (2) of this section shall be deposited in the forest practices application account for the purposes of implementing this chapter, chapter 76.13 RCW, and Title 222 WAC.

(4) For applications submitted to a local governmental entity as provided in this chapter, the fee shall be determined, collected, and retained by the local governmental entity.