Washington 2023-2024 Regular Session Status: Passed Senate Bipartisan · 3 D · 2 R cosponsors

SB 5372 — Authorizing the department of natural resources to create and manage a trust land transfer program.

Last action — By resolution, reintroduced and retained in present status.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

439 added · 545 removed

Plain-language change summary

The latest version of Senate Bill 5372 includes some changes that broaden its focus. It now emphasizes not only the creation and management of a trust land transfer program but also specifies revenue distributions related to land transactions. Additionally, a new section concerning chapter 79.19 RCW has been added. These changes are important as they aim to enhance the management of state lands, allowing for better ecological protection while potentially increasing public access to parks and nature areas.

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S-1342.2 SUBSTITUTE SENATE BILL 5372 State of Washington 68th Legislature 2023 Regular Session By Senate Agriculture, Water, Natural Resources & Parks (originally sponsored by Senators Rolfes, Short, Lovelett, Randall, Saldaña, Shewmake, Torres, and Van De Wege;
Z-0171.2 SENATE BILL 5372 State of Washington 68th Legislature 2023 Regular Session By Senators Rolfes, Short, Lovelett, Randall, Saldaña, Shewmake, Torres, and Van De Wege;
by request of Department of Natural Resources) READ FIRST TIME 02/10/23.
by request of Department of Natural Resources Read first time 01/13/23.
AN ACT Relating to the department of natural resources land transactions, revenue distributions, and creation and management of a trust land transfer program;
Referred to Committee on Agriculture, Water, Natural Resources & Parks.
amending RCW 79.17.020, 79.17.210, 79.22.060, 43.30.385, 79.19.020, 79.19.030, 79.11.340, 79.22.140, and 79.19.050;
AN ACT Relating to authorizing the department of natural resources to create and manage a trust land transfer program;
amending RCW 79.17.020, 79.17.210, 79.22.060, 43.30.385, 79.19.020, 79.19.030,and 79.11.340;
adding a new section to chapter 79.19 RCW;
(3) The legislature further finds that the department of natural resources needs an effective program to transfer these lands out of trust status to the natural areas program, other public agencies, or tribes, and simultaneously acquire legislative funding to acquire p.
(3) The legislature further finds that the department of natural resources needs an effective program to transfer these lands out of trust status to the natural areas program, other public agencies, or tribes, and simultaneously acquire legislative funding to acquire productive replacement lands to improve the revenue-generating performance of the state lands and state forestlands it manages.
1 SSB 5372 productive replacement lands to improve the revenue-generating performance of the state lands and state forestlands it manages.
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(4) The legislature further finds that the trust land transfer program should be established within the department of natural resources with adequate funds to cover the department's expenses for administering the program and completing trust land transfers.
1 SB 5372 (4) The legislature further finds that the trust land transfer program should be established within the department of natural resources with adequate funds to cover the department's expenses for administering the program and completing trust land transfers.
Underperforming state land and state forestland are those lands, as determined by the department, that have physical, legal, access, or other constraints or liabilities that preclude or severely hamper the generation of revenue on that parcel, now and into the future.
Underperforming parcels generate no revenue, substantially less revenue than desired, or too little revenue to cover costs.
A key consideration is that the constraints on the parcel are expected to continue indefinitely, making future improvements in revenue generation unlikely or impossible.
(2) The department shall use legislative appropriations for approved trust land transfers to acquire replacement real property that will provide long-term, sustainable revenue to the trust beneficiaries or is otherwise desirable to be added to the affected trust and to pay for the department's administrative expenses to p.
(2) The department shall use legislative appropriations for approved trust land transfers to acquire replacement real property that will provide long-term, sustainable revenue to the trust beneficiaries or is otherwise desirable to be added to the affected trust and to pay for the department's administrative expenses to complete the transfer, including the cost of department staff time, appraisals, surveys, environmental reviews, and other similar costs of the program.
2 SSB 5372 complete the transfer, including the cost of department staff time, appraisals, surveys, environmental reviews, and other similar costs of the program.
(3) Transfers funded by legislative appropriation must be at fair market value, including the value of land, timber, other valuable materials, and improvements owned by the state.
The legislative appropriation must be deposited in the natural resources real property replacement account created in RCW 79.17.210 and the parkland trust revolving fund established in RCW 43.30.385, as appropriate.
(4) The department shall prioritize the acquisition of working farms and forests when acquiring replacement real property for state lands transferred under this program when it can be demonstrated that the trust fiduciary obligations can be better fulfilled with these lands.
The department shall endeavor to acquire replacement real property as quickly as practicable.
The nomination must be made to the department on forms provided by the department and accompanied by the fee provided under RCW 79.02.250.
The nomination must be made to p.
2 SB 5372 the department on forms provided by the department and accompanied by the fee provided under RCW 79.02.250.
The department may require prenomination review of parcels over 4,500 acres or parcels over an estimated appraised market value of $15,000,000, including the value of the land, valuable materials, and improvements, if any.
The department may require prenomination review of parcels over 9,000 acres or parcels over an estimated appraised market value of $30,000,000, including the value of the land, valuable materials, and improvements, if any.
(3) If the department determines through its initial review that transfer would be in the best interest of the trust for which the land is held and a public agency is willing and able to take ownership and manage the land, the department shall consult with p.
(3) If the department determines through its initial review that transfer would be in the best interest of the trust for which the land is held and a public agency is willing and able to take ownership and manage the land, the department shall consult with potentially affected tribes to identify and address cultural resource issues.
3 SSB 5372 potentially affected tribes to identify and address cultural resource issues.
(1) The board of county commissioners of any county and/or the mayor and city council or city commission of any city or town and/or the board shall have authority to exchange, each with the other, or with the federal forest service, the federal government or any proper agency thereof and/or with any private landowner, county land of any character, land owned by municipalities of any character, and state forestland owned by the state under the jurisdiction of the department, for real property of equal value for the purpose of consolidating and blocking up the respective landholdings of any county, municipality, the federal government, or the state of Washington or for the purpose of obtaining lands having commercial recreational leasing potential.
(1) The board of county commissioners of any county and/or the mayor and city council or city commission of any city or town and/or the board shall have authority to exchange, each with the other, or with the federal forest service, the federal government or any proper agency thereof and/or with any private landowner, county land of any p.
3 SB 5372 character, land owned by municipalities of any character, and state forestland owned by the state under the jurisdiction of the department, for real property of equal value for the purpose of consolidating and blocking up the respective landholdings of any county, municipality, the federal government, or the state of Washington or for the purpose of obtaining lands having commercial recreational leasing potential.
(2)(((a) During the biennium ending June 30, 2013, for the purposes of maintaining working farm and forest landscapes or acquiring natural resource lands at risk of development, the p.
(2)(((a) During the biennium ending June 30, 2013, for the purposes of maintaining working farm and forest landscapes or acquiring natural resource lands at risk of development, the department, with approval of the board of natural resources, may exchange any state land and any timber thereon for any land and proceeds of equal value, when it can be demonstrated that the trust fiduciary obligations can be better fulfilled after an exchange is completed.
4 SSB 5372 department, with approval of the board of natural resources, may exchange any state land and any timber thereon for any land and proceeds of equal value, when it can be demonstrated that the trust fiduciary obligations can be better fulfilled after an exchange is completed.
Any cash received as part of an exchange transaction shall be deposited in the forest development account to pay for administrative expenses incurred in carrying out an exchange transaction.
Any cash received as part of an exchange transaction shall be deposited in the forest development account to pay for administrative expenses incurred in carrying out an exchange p.
4 SB 5372 transaction.
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Sec.
5 SSB 5372 Sec.
This account shall consist of funds , including the value of land, timber, other valuable materials, and improvements owned by the state, transferred or paid for the disposal or transfer of real property by the department under RCW 79.17.200 and the transfer of state lands or state forestlands into community forest trust lands under RCW 79.155.040.
This account shall consist of funds, including the value of land, timber, other valuable materials, and improvements owned by the state, transferred or paid for the disposal or transfer of real property by the department under RCW 79.17.200 and the transfer of state lands or state forestlands into community forest trust lands under RCW 79.155.040.
(1) With the approval of the board, the department may directly transfer or dispose of state forestlands without public auction, if the ((lands)) transfers are:
p.
5 SB 5372 (1) With the approval of the board, the department may directly transfer or dispose of state forestlands without public auction, if the ((lands)) transfers are:
or p.
or (c) In counties with a population of twenty-five thousand or less, transfers to public agencies.
6 SSB 5372 (c) In counties with a population of twenty-five thousand or less, transfers to public agencies.
The legislative authority of the county from which the real property was transferred or disposed under subsection (1)(b) of this section may request in writing that the department distribute a percentage of the proceeds associated with valuable materials.
The legislative authority of the county from which the real property was p.
6 SB 5372 transferred or disposed under subsection (1)(b) of this section may request in writing that the department distribute a percentage of the proceeds associated with valuable materials.
p.
(c) Except as otherwise provided in this subsection, in counties with a population of ((twenty-five thousand)) 25,000 or less, the portion of the proceeds associated with valuable materials on state forestland transferred under ((subsections (1)(c) and (2)(c) of)) this section must be distributed as provided in RCW 79.64.110.
7 SSB 5372 (c) Except as otherwise provided in this subsection, in counties with a population of ((twenty-five thousand)) 25,000 or less, the portion of the proceeds associated with valuable materials on state forestland transferred under ((subsections (1)(c) and (2)(c) of)) this section must be distributed as provided in RCW 79.64.110.
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(2)(a) Proceeds from transfers of real property to the state parks and recreation commission or other proceeds identified from transfers of real property as directed by the legislature shall be deposited in the parkland trust revolving fund.
(2)(a) Proceeds from transfers of real property to the state parks and recreation commission or other proceeds identified from p.
7 SB 5372 transfers of real property as directed by the legislature shall be deposited in the parkland trust revolving fund.
((If the real property was transferred under RCW 79.22.060 (1)(c) and (2)(c) from within a county participating in the state forestland pool created under RCW 79.22.140, replacement forestland may be located within any county participating in the land pool.)) p.
((If the real property was transferred under RCW 79.22.060 (1)(c) and (2)(c) from within a county participating in the state forestland pool created under RCW 79.22.140, replacement forestland may be located within any county participating in the land pool.)) (c) Disbursement from the parkland trust revolving fund to acquire replacement property and for operating and maintaining public use and recreation facilities shall be on the authorization of the department.
8 SSB 5372 (c) Disbursement from the parkland trust revolving fund to acquire replacement property and for operating and maintaining public use and recreation facilities shall be on the authorization of the department.
(1) Any moneys derived from the lease of state forestlands or from the sale of valuable materials, oils, gases, coal, minerals, or fossils from those lands, except as provided in RCW 79.64.130, or the appraised value of these resources when transferred to a public agency under RCW 79.22.060, ((except as provided in RCW 79.22.060(4),)) must be distributed as follows:
(1) Any moneys derived from the lease of state forestlands or from the sale of valuable materials, oils, gases, coal, minerals, or fossils from those lands, except as provided in RCW 79.64.130, or the appraised value of these resources when transferred to a public p.
8 SB 5372 agency under RCW 79.22.060, ((except as provided in RCW 79.22.060(4),)) must be distributed as follows:
p.
(ii) Any balance remaining must be paid to the county in which the land is located or, ((for)) if the land acquired under RCW 79.22.040 was exchanged, transferred, or disposed, payment must be made to the county from which the land was exchanged, transferred, or disposed.
9 SSB 5372 (ii) Any balance remaining must be paid to the county in which the land is located or, ((for)) if the land acquired under RCW 79.22.040 was exchanged, transferred, or disposed, payment must be made to the county from which the land was exchanged, transferred, or disposed.
Payments made under this subsection are to be paid, distributed, and prorated ((, except as otherwise provided in this section,)) to the various funds in the same manner as general taxes are paid and distributed during the year of payment.
Payments made under this subsection are to be paid, distributed, and prorated((, except as otherwise provided in this section,)) to the various funds in the same manner as general taxes are paid and distributed during the year of payment.
(b) For state forestlands acquired through RCW 79.22.010 or by exchange or as replacement lands for lands acquired through RCW 79.22.010, except as provided in RCW 79.64.120:
p.
9 SB 5372 (b) For state forestlands acquired through RCW 79.22.010 or by exchange or as replacement lands for lands acquired through RCW 79.22.010, except as provided in RCW 79.64.120:
(ii) Fifty percent shall be prorated and distributed to the state general fund, to be dedicated for the benefit of the public schools, to the county in which the land is located or, for counties participating in a land pool created under RCW 79.22.140, to each participating county proportionate to its contribution of asset value to the land pool as determined by the board, and according to the p.
(ii) Fifty percent shall be prorated and distributed to the state general fund, to be dedicated for the benefit of the public schools, to the county in which the land is located or, for counties participating in a land pool created under RCW 79.22.140, to each participating county proportionate to its contribution of asset value to the land pool as determined by the board, and according to the relative proportions of tax levies of all taxing districts in the county.
10 SSB 5372 relative proportions of tax levies of all taxing districts in the county.
(1) Exchange property held in the land bank for any other lands of equal value administered by the department, including ((any)) state lands ((held in trust.)) and state forestlands;
p.
10 SB 5372 (1) Exchange property held in the land bank for any other lands of equal value administered by the department, including ((any)) state lands ((held in trust.)) and state forestlands;
((and)) (3) ((Sell property held in the land bank in the manner provided by law for the sale of state lands)) Except as provided in subsection (4) of this section, sell property that has been exchanged into and p.
((and)) (3) ((Sell property held in the land bank in the manner provided by law for the sale of state lands)) Except as provided in subsection (4) of this section, sell property that has been exchanged into and is held in the land bank as provided under RCW 79.11.340 without any requirement of platting and ((to)) use the proceeds to acquire property for the land bank which has greater potential for natural resource or income production or which would be more efficiently managed by the department ;
11 SSB 5372 is held in the land bank as provided under RCW 79.11.340 without any requirement of platting and ((to)) use the proceeds to acquire property for the land bank which has greater potential for natural resource or income production or which would be more efficiently managed by the department;
(4) Necessary marketing costs may be paid from the sale proceeds.
p.
11 SB 5372 (4) Necessary marketing costs may be paid from the sale proceeds.
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12.
RCW 79.22.140 and 2012 c 166 s 3 are each amended to read as follows:
p.
12 SSB 5372 (1) The board may create a state forestland pool, to be managed in accordance with this section, if the board determines that creation of a land pool is in the best interest of the state or affected trust, based on an analysis prepared by the department under RCW 79.22.150.
((The land pool may not contain more than ten thousand acres of state forestland at any one time.)) (2) A county is eligible to participate in a land pool if the board determines it ((:
(a) Has a population of twenty-five thousand or less;
and (b) Has)) has existing state forestlands encumbered with timber harvest deferrals, associated with wildlife species listed under the federal endangered species act, more than ((thirty)) 30 years in length.
(3) All lands in the land pool are state forestlands and must be managed in the same manner and with the same responsibilities as other state forestlands.
Proceeds from the state forestland pool must, except as provided in RCW 79.64.110, be distributed under RCW 79.22.010 and 79.22.040.
(4)(a) A county may participate in the land pool only if it is eligible, as determined under subsection (2) of this section, and the board receives a written request to do so by the legislative authority of that county.
(b) The board shall end any further participation of a county in the land pool if it receives a written request to do so by the legislative authority of that county.
If the board receives such a request, that county's interest in the land pool as a beneficiary remains, but no new contributions of asset value may be made to the land pool on behalf of the county and no new lands may be purchased in that county for the land pool.
(5)(a) If a land pool is created by the board, the department and the participating counties must develop a funding strategy for acquiring land to include in the land pool.
(b) The department and participating counties may pursue funding for the transfer of state forestland encumbered by long-term wildlife-related harvest deferrals within the participating counties into status as a natural resources conservation area under chapter 79.71 RCW, and use the value of the transferred land to acquire working forestlands to include in the land pool.
(c) The department and participating counties may pursue other land acquisition funding strategies.
p.
13 SSB 5372 (6)(a) Replacement forestland may be acquired in counties proximate to the county or counties that will benefit from the replacement state forestland purchase if the proximate county in which the replacement lands will be purchased is willing to enter into a proximate county agreement.
(b) The proximate county agreement must stipulate that lands acquired within the proximate county for the benefit of encumbered lands counties will be offset by encumbered lands within the encumbered lands counties enrolled in department conservation programs as appropriate, and the corresponding payments in lieu of taxes will be paid to the proximate county annually.
The proximate county agreement must also stipulate that the county where replacement state forestlands are purchased is prohibited from objecting or otherwise taking steps to prevent harvesting forest products and other revenue-producing activity consistent with and commonplace on timber resource lands.
(7) If a county in which replacement state forestlands are purchased chooses to terminate a proximate county agreement, such a county is liable for the total value of the replacement state forestlands to the county or counties to which the benefits from the replacement state forestlands are directed.
Sec.
13.
RCW 79.19.050 and 2003 c 334 s 529 are each amended to read as follows:
((The legislature may authorize appropriation of funds from the forest development account or the resource management cost account for the purposes of this chapter.)) Income from the sale ((or management)) of property in the land bank shall be ((returned as a recovered expense to the forest development account or the resource management cost account)) deposited in the land bank account created in section 14 of this act and may be used to acquire property under RCW 79.19.020.
14.
12.
A new section is added to chapter 79.19 RCW to read as follows:
The land bank account is created in the state treasury.
To this account shall be deposited such funds as the legislature directs or appropriates.
Expenditures from this account may be used only to acquire property under RCW 79.19.020.
p.
14 SSB 5372 NEW SECTION.
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15.
15 SSB 5372
12 SB 5372
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Action History

  1. By resolution, reintroduced and retained in present status.

  2. Referred to Ways & Means.

  3. Minority; without recommendation.

  4. And refer to Ways & Means.

  5. AWNP - Majority; 1st substitute bill be substituted, do pass.

  6. Executive action taken in the Senate Committee on Agriculture, Water, Natural Resources & Parks at 1:30 PM.

  7. Public hearing in the Senate Committee on Agriculture, Water, Natural Resources & Parks at 1:30 PM.

  8. First reading, referred to Agriculture, Water, Natural Resources & Parks.

Sponsors

Sponsorship breakdown

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1 sponsors · 7 co-sponsors · 143 not signed on

Sponsors (1)

  • Rolfes

Co-sponsors (7)

Not signed on (143)

143 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors SB 5372?
SB 5372 is sponsored by Nikki Torres (Republican), Sharon Shewmake (Democrat), Rebecca Saldaña (Democrat), Randall, Liz Lovelett (Democrat), Shelly Short (Republican), Rolfes, and Van De Wege.
What is the current status of SB 5372?
This bill died with 2023-2024 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 5372?
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