2024 Statement on Washington Legislature’s SHB 1078

Please pass SHB 1078 with a new definition of “tree replanting areas” replacing “tree banks”

The use of the term “tree banks” is confusing and has different meanings, including trees in nursery situations and tree stock development.   

 Replace the definition of “tree banks” with “tree replanting areas” and “tree bank programs” with tree replanting programs”  

Amend “tree banks” to read:

 Tree replanting areas” can be designated by a community to replace trees removed that cannot be retained or replanted on site. To compensate for tree loss, tree replanting programs shall provide for the payment of a fee in lieu to cover the cost of buying replacement trees, planting, maintaining and watering them up to 5 years to ensure survival.  Trees replanted shall be roughly equivalent at maturity to the canopy lost.  

Bill also provides needed funding for the Washington State Dept. of Natural Resources (DNR) to draft model ordinances that include requirements for developers to pay for and plant trees they remove.. Many cities do not have the technical expertise on staff needed to draft this legislation. Added language in 2SHB 1078 to provide funding to help cities is welcome.  

 Please pass SHB 1078 with amendments. Thank you. 

 As housing increases many trees are lost that help to keep our cities healthy. Trees reduce heat island impacts, clean our air of pollution and reduce water pollution from storm water runoff. They support mental and physical health by providing nature in our cities.  

 To sustain our urban forests and canopy, developers should maximize the retention of existing trees and replant them on site if possible when they are removed.  When not possible, trees should be replaced in other areas of cities with low tree canopy to increase climate resiliency, environmental equity and reduce heat island impacts. In-lieu fees are needed to help pay for tree replacement costs, including replacement trees, maintenance and watering costs for up to 5 years to establish new trees. 

 Thank you for considering this bill. Please amend the terminology and include consideration of all costs with in-lieu fees being covered to increase the survival of replanted trees.  Vote Yes on this bill. 

`Washington State Legislative Bills affecting trees and urban forests

Washington Legislative Bills Affecting Trees and Housing Week Jan 18 – 22, 2024

Basic information on Legislative information links courtesy of Ruth Williams:

Legislature home page: https://leg.wa.gov/Pages/default.aspx

Bills home page: https://app.leg.wa.gov/billinfo/

House home page: https://leg.wa.gov/House/Pages/default.aspx

Senate home page: https://leg.wa.gov/Senate/Pages/default.aspx

Legislative committees home page: https://leg.wa.gov/legislature/Pages/CommitteeListing.aspx

Comment on a bill: https://leg.wa.gov/legislature/Pages/BillCommentsHelp.aspx

Search & Tracking Tools

Bills By Topic Find bills by subject as organized in the Topical Index prepared by the Code Reviser’s Office.
Past biennial: 2021-22, 2019-20, 2017-18

Bill Tracking Create personalized lists of bills you wish to track through the 2023-24 legislative process.

Search (Documents) Search documents from the current year, back to 1985 and current web pages using search criteria & term

Click on the bill links for more information, including bill text and summary of bills.

Bills in action this week: Jan 18 -22, 2024

HB 2321 – Modifying middle housing requirements and the definitions of transit stops

Monday Jan 22 Scheduled for public hearing in the House Committee on Housing at 1:30 PM (Subject to change). (Committee Materials)

Thursday Jan 25 Scheduled for executive session in the House Committee on Housing at 8:00 AM (Subject to change). (Committee Materials)

Sign in to comment and /or testify on this bill. To testify you must sign up by 12:30 – one hour before the hearing starts. You can comment on the bill up to 24 hours after the hearing starts. This bill is a revision of HB 1110

emails – housing Committee members – strom.peterson@leg.wa.gov, emily.alvarado@leg.wa.gov, mari.leavitt@leg.wa.gov,

jessica.bateman@leg.wa.gov, frank.chopp@leg.wa.gov,

debra.entenman@leg.wa.gov, julia.reed@leg.wa.gov,

mark.klicker@leg.wa.gov, april.connors@leg.wa.gov,

andrew.barkis@leg.wa.gov, spencer.hutchins@leg.wa.gov, sam.low@leg.wa.gov

Recommended comments:

Support removal of “((to ensure compliance with existing ordinances intended to protect critical areas and public health and safety)) which weakened tree protection in HB 1110.
P 13 line 9 amend to read as follows – “tree canopy and retention, protection and planting.”
P 14, Under Section 2 (8) The provisions of this section do not apply to : Remove Line 20-21 (d) A lot that was created through the splitting of a single residential lots This language would void complying with local tree canopy retention, protection and planting ordinances.
This is a big loophole as many lots are being split in Seattle and elsewhere. House bill 1245 now in the Senate on lot splitting does not exempt lot splitting from complying with local ordinances for protecting trees and urban forests. Trees are needed to keep neighborhoods healthy, climate resilient and environmentally equitable,

HB 1078 – Concerning urban forest management ordinances.

Thursday Jan 25th 4 PM – Scheduled for a public hearing in House Appropriations Committee,

Suggested Comments – Sign in pro on bill with amendments to ensure replanted trees are maintained and watered for 5 years. In Lieu fees are essential so as not to remove public benefits of trees and put replacement burden on all taxpayers, instead of those removing the trees. Require that cities strive to maintain as many existing trees on developed sites as possible as it takes decades for new large trees to grow. We do not want to create new heat islands by clearcutting lots. Add street trees as a requirement for all lots being developed and maximize the retention of existing trees on lots. The climate crisis is r.eal, and we need to keep all of our neighborhoods and the people who live there healthy.

Bill was originally proposed for establishing tree banks off site for trees removed and is now bill asking DNR to come up with draft legislation.

Sponsors: Duerr, Doglio, Simmons, Reed, Ryu, Walen, Ramel, Macri, Reeves, Kloba

HB 2113 – Concerning compliance with the housing element requirements of the growth management act.

Wed. Jan 23 – Scheduled for executive session in the House Committee on Housing at 4:00 PM (Subject to change). (Committee Materials)

Comments can be sent to Housing Committee prior to their voting.

Housing Committee members e-mails:

strom.peterson@leg.wa.gov, emily.alvarado@leg.wa.gov, mari.leavitt@leg.wa.gov,

jessica.bateman@leg.wa.gov, frank.chopp@leg.wa.gov,

debra.entenman@leg.wa.gov, julia.reed@leg.wa.gov,

mark.klicker@leg.wa.gov, april.connors@leg.wa.gov,

andrew.barkis@leg.wa.gov, spencer.hutchins@leg.wa.gov, sam.low@leg.wa.gov

Jan 15 – Public hearing in the House Committee on Housing at 1:30 PM. (Committee Materials)

Jan 18 – Executive session scheduled, but no action was taken in the House Committee on Housing at 8:00 AM. (Committee Materials)

HB 2160 – Promoting community and transit-oriented housing development.

Sponsors: Reed, Fey, Mena, Alvarado, Berry, Bateman, Ormsby, Ramel, Macri, Street, Peterson, Gregerson, Ryu, Cortes, Riccelli, Doglio, Pollet

Capital Budget Committee – Tharinger,Callan, Hackney, Abbarno, McClintock, Steele, Alvardo, Bateman, Cheney, Christian, Dye, Eslick, Farivar,Fosse, Kloba< Kretz, Leavitt, Maycumber, McIntire, Morgan, Mosebrucker, Orwell, Peerson, Reed, Rule, Sandlin, Shavers, Srearns, Waters

Thursday Jan 25 – Scheduled for public hearing in the House Committee on Capital Budget at 1:30 PM (Subject to change). (Committee Materials)

Recommended Comments – HB 2160 as currently written needs amendments to both make sure transit is accessible for pedestrians and that transit areas are not clearcut of trees and become new heat islands in our cities. Trees are important for public health and livable communities. Transit areas must be safe to walk for people to reach public transit.

Require sidewalks and walkways in station areas to make transit accessible so that people are not walking in the street and competing with car traffic. Many areas in our cities have no sidewalks.
Require street trees be planted to not create new heat islands in our cities. Help make our cities more climate resilient.
Allow increased height on buildings if trees are retained on building lots.
Require that trees removed be replaced on site with comparable sized trees at maturity or in other parts of a city with low tree canopy to increase environmental equity and climate resilience. Require fee in lieu payments for removed trees like Seattle and Portland Oregon do for replanting off site trees to pay for replacement costs and watering and maintenance to establish the trees.
Urge use of impact fees for sidewalks and pocket parks
Require adequate infrastructure for utilities like water and sewer before building projects are approved
Please amend HB 2160 and then vote yes to allow more housing near transit and to connect communities.

Additional bills being watched:

HB 1245 – Increasing housing options through lot splitting.

Sponsors: Barkis, Robertson, Wylie, Fitzgibbon, Peterson, Walsh, Chambers, Kloba, Gregerson, Graham, Waters, Reed, Walen, Christian, Riccelli, Macri, Bateman, Doglio

Jan 8 By resolution, reintroduced and retained in present status.

Rules Committee relieved of further consideration. Placed on third reading.

Rules suspended. Placed on Third Reading.

Third reading, passed; yeas, 94; nays, 4; absent, 0; excused, 0. (View Roll Calls)

IN THE SENATE

Jan 10 – First reading, referred to Local Government, Land Use & Tribal Affairs.

Companion Bill: SB 5364 -Increasing housing options through lot splitting.

Sponsors: Frame, Gildon, Liias, Nguyen, Saldaña, Shewmake, Torres, Van De Wege, Wilson, C.

HB 2071 Concerning residential housing regulations.

Sponsors: Duerr, Bateman, Fitzgibbon, Berry, Reed, Ormsby, Ramel, Pollet, Kloba

Jan 8 First reading, referred to Housing. (View Original Bill)

Jan 15 Public hearing in the House Committee on Housing at 1:30 PM. (Committee Materials)

Jan 18 Executive action taken in the House Committee on Housing at 8:00 AM. (Committee Materials)

Majority; 1st substitute bill be substituted, do pass. (View 1st Substitute) (Majority Report)

SB 6024 – Promoting community and transit-oriented housing development.

Sponsors: Trudeau, Saldaña, Frame, Kuderer, Lovelett, Lovick, Nguyen, Nobles, Valdez, Wilson, C.

Companion Bill: HB 2160

Jan 8 – First reading, referred to Local Government, Land Use & Tribal Affairs. (View Original Bill)

Jan 11 – Public hearing in the Senate Committee on Local Government, Land Use & Tribal Affairs at 10:30 AM. (Committee Materials)

SB 6061 – Concerning exemptions for housing development under the state environmental policy act.

Sponsors: Lovelett, Salomon

Jan 9 – First reading, referred to Local Government, Land Use & Tribal Affairs. (View Original Bill)

Jan 16 – Public hearing in the Senate Committee on Local Government, Land Use & Tribal Affairs at 8:00 AM. (Committee Materials)

HB 1735 – Adding net ecological gain as a voluntary element of comprehensive plans under the growth management act.

Sponsors: Lekanoff, Fitzgibbon, Ramel, Pollet, Macri

Jan 8 – By resolution, reintroduced and retained in present status.

HB 1347 – Integrating community-based health assessments into foundational environmental policies to improve environmental justice.

Sponsors: Pollet, Lekanoff, Berry, Ramel, Kloba, Slatter, Ryu, Taylor, Doglio

Jan 8 – By resolution, reintroduced and retained in present status.

HB 1381 – Concerning salmon-safe communities.

Sponsors: Dye, Lekanoff, Pollet

Jan 8 – By resolution, reintroduced and retained in present status.

Rules Committee relieved of further consideration.

Referred to Environment & Energy.

HB 1517 – Promoting transit-oriented development.

Sponsors: Reed, Taylor, Ramel, Berg, Peterson, Stonier, Walen, Wylie, Simmons, Fitzgibbon, Chapman, Berry, Slatter, Mena, Barkis, Rule, Duerr, Gregerson, Chambers, Bateman, Cortes, Doglio, Pollet, Low, Fosse, Tharinger

Jan 8 – By resolution, reintroduced and retained in present status.

TreePAC and Seattle Win Master Builders Appeal!

TreePAC and Seattle Win Hearing Examiner Appeal By Master Builders opposing updating Seattle’s Tree Protection Ordinance

TreePAC joined forces with Seattle to stop what could have been a one to two year added delay in updating Seattle’s Tree Protection Ordinance. TreePAC  hired respected environmental Attorney Claudia Newman of Bricklin and Newman to intervene in the Hearing Examiner Appeal by the Master Builders.

In a strongly worded decision, the Seattle Hearing Examiner denied the appeal by the Master Builders Association of King and Snohomish Counties from a Determination of Non-Significance  issued by the Seattle Department of Constructions and Inspections (SDCI). The appeal was regarding the potential environmental impacts of a draft update by SDCI of Seattle’s Tree Protection Ordinance.The decision by Seattle Hearing Examiner Ryan Vancil stated, “The Director’s decision to issue a Determination of Non significance for the proposed ordinance is not clearly erroneous and is AFFIRMED and the Appellants’ appeal is DENIED..”The Hearing Examiner did not equivocate but soundly dismissed the MBAKS arguments and witnesses’ statements as speculation and not backed up by any actual data.Seattle  Hearing Examiner Ryan Vancil stated “The record indicates that in developing the proposal, the Department considered the City’s goals and policies and developed a set of recommendations that struck a balance between the City’s housing goals related to housing and future development patterns and the City’s goals to maintain a healthy urban forest that provides sizable tree canopy coverage.”You can read the full Hearing Examiner’s decision and detailed response here.

Having an experienced expert Attorney was critical in our winning this appeal. Fighting the Master Builders  unfortunately lasted longer and cost more than planned as they dragged the hearing process out. The decision by the Hearing Examiner strongly supported the city in protecting Seattle’s trees and gives us momentum to get the tree Protection Ordinance updated in the coming months. 

TreePAC needs your help to pay our additional  legal bills for this successful effort as well as our continuing campaigns to update Seattle’s Tree Protection Ordinance.

  Please send a contribution today to help us retire our debt.  We still have work to do to get the ordinance update passed by the City Council. Thanks.

 

Seattle Hearing Examiner Denies Master Builders Appeal on draft SDCI Tree Protection Ordinance

News Release
 Steve Zemke – Chair TreePAC
stevezemke@TreePAC.org
For Immediate release
Friday August 12, 2022

Seattle Hearing Examiner Denies Master Builders Appeal, Allows Tree Protection Ordinance Update to Proceed

SEATTLE – TreePAC, a citizen’s group advocating updating Seattle Tree Protection Ordinance, joined as an Intervenor with the city of Seattle in opposing a Hearing Examiner appeal by the Master Builders Association of King and Snohomish County.  The decision allows Seattle to now move forward with updating Seattle’s Tree Protection Ordinance, a process that citizen groups and others have been urging the city to do for 13 years.
In a strongly worded decision, the Seattle Hearing Examiner dismissed an appeal by the Master Builders Association of King and Snohomish Counties (MBAKS) from a Determination of Non-Significance (DNS) issued by the Seattle Department of Constructions and Inspections (SDCI). The appeal was regarding the potential environmental impacts of a draft update by SDCI of Seattle’s Tree Protection Ordinance.
The decision by Seattle Hearing Examiner Ryan Vancil stated, “The Director’s decision to issue a Determination of Nonsignificance for the proposed ordinance is not clearly erroneous and is AFFIRMED and the Appellants’ appeal is DENIED .”
The Hearing Examiner did not equivocate but soundly dismissed the MBAKS arguments and witnesses’ statements as speculation and not backed up by any actual data.
Quotes
Steve Zemke, Chair of TreePAC  “We appreciate the Hearing Examiner’s reasoned and detailed decision. Trees are critical to maintaining the health and vitality of Seattle’s communities and its citizens.  TreePAC supports the efforts of the city to both increase needed housing and protect our green infrastructure. It is not an either/or situation but a priority of the city to address both as mandated in Seattle’s current Comprehensive Plan.”
Seattle  Hearing Examiner Ryan Vancil in his decision “The record indicates that in developing the proposal, the Department considered the City’s goals and policies and developed a set of recommendations that struck a balance between the City’s housing goals related to housing and future development patterns and the City’s goals to maintain a healthy urban forest that provides sizable tree canopy coverage.”
Steve Zemke, Chair TreePAC  “Trees are critical to dealing with urban heat island impacts and stormwater runoff as the climate crisis continues. That requires protecting as many existing trees as possible and planting more trees in marginalized areas for tree equity and social justice. The proposed draft ordinance update helps the city to do that.”
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Save the Aurora Ave N Sweetgum Trees

Please send an e-mail to Seattle City officials to help save the Aurora Ave N Sweetgum street trees  from being cut down..
Click on the link below to do it quickly through Action Network. Thanks.
Don’t Clearcut Seattle is a project of TreePAC. They maintain the action network website.
Donations to TreePAC are needed to support their work  protecting existing urban trees and efforts to plant more trees to increase our urban canopy. Please donate today. Thanks.

 

Questionnaires returned to TreePAC show Strong Support for Updating Seattle’s Tree Protection Ordinance

Questionnaires returned to TreePAC show Strong Support for Updating Seattle’s Tree Protection Ordinance

Thirteen of the fourteen candidates running for the Seattle City Council District elections in the 2019 General Election have returned questionnaires to Tree PAC. Overwhelmingly,  the responses were positive for supporting key provisions to strengthen the existing Tree Protection Ordinance. You can see our TreePAC endorsements and questionnaires on this link.  These questionnaires were weighted heavily, but were not our sole criteria for endorsement.

Earlier this year, the Seattle City Council unanimously passed  the following two resolutions that support the updating of Seattle’s Tree Protection Ordinance.

3/18/19  Seattle City Council Resolution 31870  Section 6 deals with updating Seattle’s Tree Protection Ordinance.

Section 6. The Council recognizes the environmental, social, and economic benefits of Seattle’s urban forest and commits to working with community members and City departments to update the City’s tree regulations, advancing the goals of the Urban Forest Stewardship Plan across Seattle. Potential measures may include, but are not limited to, the following:

  1. Retaining protections for exceptional trees and expanding the definition of exceptional trees.
  2. Creating a permitting process for the removal of significant trees, defined as trees  6 inches in diameter at breast height or larger.
  3. Adding replacement requirements for significant tree removal.
  4. Simplifying tree planting and replacement requirements.
  5. Maintaining tree removal limits in single-family zones.
  6. Exploring the feasibility of establishing a in-lieu fee option for tree planting.
  7. Tracking tree removal and replacement throughout Seattle.H. Providing adequate funding to administer and enforce tree regulations
  8. Requiring that all tree service providers operating in Seattle meet the minimum certification and training requirements and register with the city.

9/17/2019 Seattle City Council Resolution 31902 – A resolution declaring the City Council and the Mayor’s intent to consider strategies to protect trees and increase Seattle’s tree canopy cover

All of the  candidates (13 out of 14) who responded to the TreePAC questionnaire indicated that they support these two resolutions. 

The Seattle Urban Forestry Commission on June 15, 2019, at the request of Councilmembers Bagshaw and Herbold, submitted to the Mayor and City Council a draft Tree and Urban Forest Protection Ordinance.   Council action on an updated Tree Protection Ordinance is expected next year. TreePAC is encouraged by the strong response of the city council candidates in support of updating the current Tree Protection Ordinance.

As Development Booms, Seattle Gives Up On Green Space

By Adiel Kaplan and Investigate West, Seattle Weekly, June 22, 2016

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So-called pavement parks are a growing trend in major American cities and they’re one of the new ways Seattle is looking to increase open space without spending billions

From atop a steep slope above Myers Way in West Seattle, Cass Turnbull peers over a tangle of blackberry bushes. Her perch affords her an exceptional view of the distant Cascades. But her gaze fixes instead on the island of undeveloped acreage more than 100 feet below the blackberries.

“My dream for this area is a nature play area,” Turnbull says, noting the wetlands, slopes, forests, fields and creek below. Her vision: “Kids get to interact with nature and explore.”

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