Bill Summary – FastDemocracy

CERTIFICATION OF ENROLLMENT
             ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1216
                       Chapter 209, Laws of 2021
                               67th Legislature
                             2021 Regular Session
          URBAN AND COMMUNITY FORESTRY—VARIOUS PROVISIONS
                     EFFECTIVE DATE: July 25, 2021
Passed by the House April 12, 2021                  CERTIFICATE
  Yeas 61 Nays 37
                                       I, Bernard Dean, Chief Clerk of the
                                       House of Representatives of the
            LAURIE JINKINS             State of Washington, do hereby
Speaker of the House of                certify   that   the   attached  is
Representatives                        ENGROSSED SECOND SUBSTITUTE HOUSE
                                       BILL 1216 as passed by the House of
                                       Representatives and the Senate on
                                       the dates hereon set forth.
Passed by the Senate April 9, 2021
  Yeas 45 Nays 3
                                                    BERNARD DEAN
              DENNY HECK                                           Chief Clerk
President of the Senate
Approved May 10, 2021 3:05 PM                          FILED
                                                    May 10, 2021
                                               Secretary of State
              JAY INSLEE                       State of Washington
Governor of the State of Washington
                  ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1216
                           AS AMENDED BY THE SENATE
                   Passed Legislature - 2021 Regular Session
     State of Washington         67th Legislature     2021 Regular Session
     By House Appropriations (originally sponsored by Representatives
     Ramos, Callan, Lekanoff, Fitzgibbon, Kloba, Ortiz-Self, Ormsby,
     Hackney, and Ramel; by request of Department of Natural Resources)
     READ FIRST TIME 02/22/21.
      AN ACT Relating to urban and community forestry; amending RCW
  76.15.005, 76.15.007, 76.15.010, 76.15.020, 76.15.030, 76.15.050,
  76.15.060, 76.15.090, 35.92.390, 35A.80.040, 80.28.300, 89.08.520,
  79.105.150,    43.155.120,   70A.135.070,    79A.15.040,   36.01.260,
  54.16.400, 89.08.590, 79.105.630, and 79A.15.150; adding new sections
  to chapter 76.15 RCW; creating new sections; and repealing RCW
  35.105.010,    35.105.020,   35.105.030,    35.105.040,   35.105.050,
  35.105.060,    35.105.070,   35.105.080,    35.105.090,   35.105.100,
  35.105.110, 35.105.120, 76.15.070, and 76.15.080.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     NEW SECTION.      Sec. 1.     (1) The legislature finds that
 preservation and enhancement of city trees and urban forests
 contributes multiple benefits, including stormwater management,
 carbon sequestration, local air and water quality enhancements, and
 fish and wildlife habitat, and is a cost-effective way to meet these
 objectives. The legislature further finds that climate change is
 impacting our state in numerous ways, including summer heat waves,
 heavier winter rains, and lower air quality, all of which can be
 improved by increased tree canopy. The legislature further finds that
 modern and well-crafted urban forestry programs can have significant
 additional benefits related to human health, especially when
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 delivered   in  highly   impacted  communities   with  higher   health
 disparities and that also have lower existing tree canopy.
 Significant research exists demonstrating health benefits of trees
 and green spaces, including air and water quality improvements,
 positive emotional responses to being in nature, physical activity,
 and social cohesion through interacting in public green spaces.
 Furthermore, the legislature finds that Washington state faces
 continued urgency in adequately protecting essential salmon habitat,
 which is necessary to promote salmon recovery and thus help protect
 our endangered southern resident killer whale population. It is the
 intent of the legislature to enhance urban forestry programs that
 maximize cobenefits related to human health and salmon recovery.
     (2) The legislature further recognizes that the existing
 evergreen communities act, in chapter 76.15 RCW and related programs
 in state law, established a successful framework for supporting urban
 forestry in Washington state. That act established the need for tools
 including canopy assessment and regional tree canopy analysis, and
 targeted technical assistance to support cities and counties seeking
 to deliver impactful urban forestry programs. The legislature intends
 to modernize and add capacity to the evergreen communities act by
 utilizing information and analysis around environmental health
 disparities and salmon recovery plans, and increasing capacity for
 the delivery of an urban forestry program in order to strengthen and
 enhance the impacts of this act and to expand participation to
 include federally recognized tribes and other community-based
 organizations.
     Sec. 2.   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)) Urban and community forests have many values and uses
 including 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) ((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
                                     p. 2                    E2SHB 1216.SL
 maintaining community and urban forestry programs that also address
 future growth.
     (3) 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)) As
 urban and community areas in Washington state grow, the need to plan
 for, promote, and manage urban and community forests increases.
 Cities and communities benefit from assistance in developing and
 maintaining urban and community forestry programs that also address
 future growth.
     (3) Assistance and encouragement in the establishment, retention,
 and enhancement of these forests and trees by local governments,
 residents, 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 cities, counties,
 and   tribal  lands   while  providing   opportunities  for   economic
 development.
     (4) Well-maintained urban forests deliver local air and water
 quality benefits that can have positive impacts on human health.
     (5) Increased tree canopy in urban areas can positively impact
 salmon populations through stormwater management and reduction of
 stream temperatures, thereby improving critical salmon habitat.
     Sec. 3.   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.
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     (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)) planning for, planting, maintaining, and managing of
 trees in the state's cities, counties, and tribal lands and maximize
 the potential of tree and vegetative cover in improving the quality
 of the environment;
     (2) Encourage the coordination of activities by state, local
 agency, and federally recognized tribes, and maximize resident
 participation in the development and implementation of urban and
 community forestry-related programs, including through capacity
 building to facilitate participation from new partners;
     (3) Foster healthy economic activity for the state's urban and
 community   forestry-related   businesses  through   cooperative  and
 supportive contracts with the private business sector;
     (4) Facilitate the creation of employment opportunities related
 to urban and community forestry activities, including opportunities
 for youth, especially in urban areas, to learn teamwork, resource
 conservation, environmental appreciation, and job skills;
     (5) Provide meaningful voluntary opportunities for the state's
 residents and organizations interested in urban and community
 forestry activities;
     (6) Contribute to improved human health through targeted delivery
 of programs and activities in highly impacted communities with
 greater health disparities;
     (7) Contribute to salmon and orca recovery through targeted
 delivery of programs and activities in regions that include important
 salmon habitat identified by regional salmon recovery plans.
     Sec. 4.   RCW 76.15.010 and 2008 c 299 s 23 are each amended to
 read as follows:
     ((Unless the context clearly requires otherwise, the)) 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
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 vegetation. Community and urban forestland 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 RCW 35.105.010.
     (3) "Community and urban forest inventory" has the same meaning
 as defined in RCW 35.105.010.
     (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.
     (5))) "Department" means the department of natural resources.
     (((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.
     (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.))
     (2) "Evergreen community" means a city, town, or county
 designated as such under RCW 76.15.090.
     (3) "Highly impacted community" has the same meaning as defined
 in RCW 19.405.020 or an equivalent cumulative impacts analysis that
 identifies the environmental health conditions of communities as a
 factor   of   both  environmental   health  hazards   and   vulnerable
 populations as defined in RCW 19.405.020.
     (4) "Management plan" means an urban forest management plan
 developed pursuant to this chapter.
     (5) "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.
     (6) "Tribes" means any federally recognized Indian tribes whose
 traditional lands and territories include parts of the state.
     (7) "Urban and community forest" or "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. Urban and community forestland may be planted
 or unplanted, used or unused, and includes public and private lands,
                                      p. 5                   E2SHB 1216.SL
 lands along transportation and utility corridors, and forested
 watershed lands within populated areas. Nothing in this chapter may
 be construed to apply to lands subject to or designated under chapter
 76.09, 79.70, 79.71, 84.33, or 84.34 RCW.
     (8) "Urban and community forest assessment" or "urban forest
 assessment" means an analysis of the urban and community 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.
     (9) "Urban and community forest inventory" or "urban forest
 inventory" means a management tool designed to gauge the condition,
 management status, health, and diversity of an urban and community
 forest. An inventory may evaluate individual trees or groups of trees
 or canopy cover within urban and community forests, and will be
 periodically updated by the department.
     (10) "Urban and community forestry" or "urban forestry" means the
 planning, establishment, protection, care, and management of trees
 and associated plants individually, in small groups, or under more
 naturally forested conditions within cities, counties, and tribal
 lands.
     (11) "Urban and community forestry ordinance" or "urban forestry
 ordinance" is an ordinance developed by a city, county, or tribe that
 promotes urban forestry management and care of trees.
     (12) "Vulnerable populations" has the same meaning as defined in
 RCW 19.405.020.
     Sec. 5.   RCW 76.15.020 and 2008 c 299 s 3 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
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 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 RCW 76.15.080
 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)) urban and community forestry
 to accomplish the purpose stated in RCW 76.15.007. The department may
 assist   cities,  counties,   and   federally   recognized   tribes  in
 establishing and maintaining urban and community forestry programs
 and encourage appropriate and improved tree management and care.
     (2) The department may advise, encourage, and assist cities,
 counties, tribes, and other public and private entities in the
 development and coordination of policies, programs, and activities
 for the promotion of urban and community forestry.
     (3) The department may appoint a committee or council to advise
 the department in establishing and carrying out a program in urban
 and community forestry.
     (4) The department may assist municipal and county tree
 maintenance programs by making surplus equipment available on loan
 where feasible for urban and community forestry programs and
 cooperative projects.
     (5) An owner of private property may opt out of a voluntary urban
 and community forestry program