HB2768

HB2768 – Revises the State’s urban forestry program to include tribes, and to prioritize salmon and environmental justice goals.
Prime Sponsor – Representative Ramos (D; 5th District; Issaquah) (By request of the Department of Natural Resources.)
Current status – Did not pass out of opposite house by fiscal cutoff; sent to the “X” file.
In the House – (Passed the House)
Had a hearing in the House Committee on Rural Development, Agriculture, & Natural Resources January 28th. Substitute passed out of committee February 4th; referred to Appropriations. Had a hearing there February 8th. Passed out of Appropriations February 11th; referred to Rules. Passed the House February 16th.

In the Senate –
Referred to the Senate Committee on Agriculture, Water, Natural Resources & Parks; had a hearing February 25th. Passed out of committee February 25th; referred to Ways and Means and had a hearing there February 29th. Passed out of committee with a minor amendment March 2nd. Referred to Rules.
Next step would be – Dead bill…
Legislative tracking page for the bill.
SB6529 is a companion bill in the Senate.

Comments –
(The carbon sequestration bill Representative Ramos introduced at the request of DNR in 2019 , HB2047, has gone to the House Rules “X” file.)

This bill does a great deal of redlining to make very minor alterations in the current laws; Sections 9 and 10 contain most of the significant changes, as far as I can see.

The substitute specifies that the bill’s provisions don’t apply to lands subject to or designated under the forest practices act; to natural area preserves; natural resources conservation areas; or to land subject to timber and forestland taxation or open space, agricultural, and timberlands taxation. It directs the Department of Natural Resources to conduct pilot projects in at least two watersheds, one on each side of the Cascades, to identify areas where urban forestry will generate the most combined benefits for canopy, health disparities, and salmon. It no longer requires a statewide urban and community forest inventory.

Summary –

The bill requires the Department of Natural Resources to do and periodically update a statewide inventory of urban and community forests, using protocols established by the Forest Service, to produce statistically relevant estimates of the quantity, health, composition, and benefits of urban trees and forests.

It requires the Department to prioritize regions for delivery of urban forestry programs, policies, and activities by including criteria related to human health and salmon recovery.

It’s to identify these regions using analyses and tools including:
(a) Assessing tree canopy cover and urban forestry inventory data, using recent information when it’s available;
(b) Identifying highly impacted communities at the census tract level using health disparity mapping tools such as the Department of Health’s Washington tracking network;
(c) Using salmon and orca recovery data including the Puget Sound Partnership action agenda and other regional and statewide recovery plans and efforts to target program delivery in areas where there are significant opportunities related to salmon and orca habitat and health; and by;
(d) Using the department’s twenty-year forest health strategic plan.

It may consult with other state agencies; a statewide organization representing urban and community forestry programs; health experts; and salmon recovery experts as part of this analysis, and may hire consultants to get more information or collaborate with local governments to inventory prioritized urban forests where adequate data is not available. It’s to identify areas where urban forestry will generate the greatest combination of benefits related to canopy needs, health disparities, and salmon habitat.

The bill expands the current law to include tribal lands, and requires the Department to consult with the appropriate tribes in watersheds where urban forestry work is taking place.

Fifty percent of the resources used in delivering the policies, programs, and activities of the program, including ones for establishing and maintaining new trees and for maintaining existing canopy must benefit vulnerable populations and be delivered within a quarter mile of highly impacted communities. The most resources must be allocated to the highest impacted communities within these areas. It must encourage communities to include participation and input by vulnerable populations in the development of forestry plans, through community organizations and by members of the public.

The Department must provide technical assistance and capacity building resources and opportunities to cities, counties, federally recognized tribes, and other public and private entities in developing and coordinating policies, programs, and activities promoting urban and community forestry. It can use existing inventory tools or develop additional ones to help them collect tree data that informs management, planning, and policy development. (The Department may consult with the Department of Commerce in the process, on issues including the intersections between urban forestry programs and growth management act planning.) The Department is to help cities’ urban forest managers access carbon markets by working to ensure these inventory tools are compatible with existing and developing urban forest carbon market reporting protocols. It can use existing tools, and develop innovative ones to support urban forestry programs including comprehensive tool kit packages (tree kits) that can easily be shared, locally adapted, and used.

The department may use existing tools to help communities develop urban forestry management plans, which may include:
(a) 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;
(b) Canopy cover, reforestation and canopy expansion, forest stand and diversity goals;
(c) Maximizing vegetated stormwater management;
(d) Environmental health goals specific to air quality, habitat for wildlife, and energy conservation;
(e) Standards for tree selection, siting, planting, pruning and maintenance for new and established trees, including disease and pest management;
(f) Staff and volunteer training requirements emphasizing appropriate expertise and professionalism;
(g) Wood waste utilization;
(h) Community outreach, participation, education programs, and partnerships with nongovernment organizations;
(i) Time frames for achieving plan goals, objectives, and tasks;
(j) Monitoring and measuring progress toward those benchmarks and goals;
(k) Consistency with the urban wildland interface codes developed by the State Building Code Council;
(l) Maximizing building heating and cooling energy efficiency through appropriate siting of trees; and,
(m) A number of other items.

The department can use existing tools to help communities develop urban forestry ordinances, including such elements as:
(a) Tree canopy cover, density, and spacing;
(b) Tree conservation and retention;
(c) Vegetated stormwater runoff management using native trees and appropriate nonnative, nonnaturalized vegetation;
(d) Clearing, grading, protection of soils, reductions in soil compaction, and use of appropriate soils with low runoff potential and high infiltration rates;
(e) Appropriate tree siting and maintenance for vegetation management practices and programs to prevent vegetation from interfering with or damaging utilities and public facilities;
(f) Native species and nonnative, nonnaturalized species diversity selection to reduce disease and pests in urban forests;
(g) Tree maintenance;
(h) Street tree installation and maintenance;
(i) Tree and vegetation buffers for riparian areas, critical areas, transportation and utility corridors, and commercial and residential areas;
(j) Tree assessments for new construction permitting;
(k) Recommended forest conditions for different land use types;
(l) Variances for hardship and safety;
(m) Variances to avoid conflicts with renewable solar energy infrastructure, passive solar building design, and locally grown produce; and
(n) Permits and appeals.