S‑0533.3   _____________________________________________

 

SENATE BILL 5425

 

           _____________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By Senators Kohl‑Welles, Jacobsen and Fraser

 

Read first time 01/22/2001.  Referred to Committee on Environment, Energy & Water.

_1      AN ACT Relating to aerial application of pesticides to control

_2  plant pests; amending RCW 17.24.007, 17.24.061, 17.24.171,

_3  43.06.010, and 15.08.020; and adding new sections to chapter 17.24

_4  RCW.

     

_5  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     

_6      NEW SECTION.  Sec. 1.  A new section is added to chapter 17.24

_7  RCW to read as follows:

_8      The legislature finds that controlling and eradicating pests in

_9  urban areas is a matter of statewide interest, including both to

10  the residents of urban areas in which pests are detected and to

11  the agricultural and other sectors of the state=s economy that may

12  be affected by the spread of pests.  Therefore all segments of the

13  interested public should have ample opportunity to be informed of

14  and to participate meaningfully in governmental programs for pest

15  detection, assessment of infestation threat, development of

16  alternatives to address the threat, and implementation of chosen

17  alternatives.  Such information, notification, and participation is

18  important in ensuring the effectiveness of the program while

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_1  ensuring protection of public health and the public=s trust and

_2  confidence that the chosen alternatives will pose the least risk

_3  to public health and the environment.  Because the aerial

_4  application of pesticides in densely populated urban residential

_5  areas may expose a greater population, it is the purpose of this

_6  act to direct the appropriate state and local agencies to

_7  implement enhanced standards for public information, notification,

_8  and participation in pest control activities involving such aerial

_9  application of pesticides.

     

10      Sec. 2.  RCW 17.24.007 and 2000 c 100 s 6 are each amended to read

11  as follows:

12      Unless the context clearly requires otherwise, the definitions

13  in this section apply throughout this chapter.

14      (1) "Department" means the state department of agriculture.

15      (2) "Director" means the director of the state department of

16  agriculture or the director's designee.

17      (3) "Quarantine" means a rule issued by the department that

18  prohibits or regulates the movement of articles, bees, plants, or

19  plant products from designated quarantine areas within or outside

20  the state to prevent the spread of disease, plant pathogens, or

21  pests to nonquarantine areas.

22      (4) "Plant pest" means a living stage of an insect, mite,

23  nematode, slug, snail, or protozoa, or other invertebrate animal,

24  bacteria, fungus, or parasitic plant, or their reproductive parts,

25  or viruses, or an organism similar to or allied with any of the

26  foregoing plant pests, including a genetically engineered

27  organism, or an infectious substance that can directly or

28  indirectly injure or cause disease or damage in plants or parts of

29  plants or in processed, manufactured, or other products of plants.

30      (5) "Plants and plant products" means trees, shrubs, vines,

31  forage, and cereal plants, and all other plants and plant parts,

32  including cuttings, grafts, scions, buds, fruit, vegetables,

33  roots, bulbs, seeds, wood, lumber, and all products made from the

34  plants and plant products.

35      (6) "Certificate" or "certificate of inspection" means an

36  official document certifying compliance with the requirements of

37  this chapter.  The term "certificate" includes labels, rubber stamp

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_1  imprints, tags, permits, written statements, or a form of

_2  inspection and certification document that accompanies the

_3  movement of inspected and certified plant material and plant

_4  products, or bees, bee hives, or beekeeping equipment.

_5      (7) "Compliance agreement" means a written agreement between

_6  the department and a person engaged in growing, handling, or

_7  moving articles, plants, plant products, or bees, bee hives, or

_8  beekeeping equipment regulated under this chapter, in which the

_9  person agrees to comply with stipulated requirements.

10      (8) "Distribution" means the movement of a regulated article

11  from the property where it is grown or kept, to property that is

12  not contiguous to the property, regardless of the ownership of the

13  properties.

14      (9) "Genetically engineered organism" means an organism altered

15  or produced through genetic modification from a donor, vector, or

16  recipient organism using recombinant DNA techniques, excluding

17  those organisms covered by the food, drug and cosmetic act (21

18  U.S.C. Secs. 301‑392).

19      (10) "Person" means a natural person, individual, firm,

20  partnership, corporation, company, society, or association, and

21  every officer, agent, or employee of any of these entities.

22      (11) "Sell" means to sell, to hold for sale, offer for sale,

23  handle, or to use as inducement for the sale of another article or

24  product.

25      (12) "Noxious weed" means a living stage, including, but not

26  limited to, seeds and reproductive parts, of a parasitic or other

27  plant of a kind that presents a threat to Washington agriculture

28  or environment.

29      (13) "Regulated article" means a plant or plant product, bees

30  or beekeeping equipment, noxious weed or other articles or

31  equipment capable of harboring or transporting plant or bee pests

32  or noxious weeds that is specifically addressed in rules or

33  quarantines adopted under this chapter.

34      (14) "Owner" means the person having legal ownership,

35  possession, or control over a regulated article covered by this

36  chapter including, but not limited to, the owner, shipper,

37  consignee, or their agent.

38      (15) "Nuisance" means a plant, or plant part, apiary, or

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_1  property found in a commercial area on which is found a pest,

_2  pathogen, or disease that is a source of infestation to other

_3  properties.

_4      (16) "Bees" means adult insects, eggs, larvae, pupae, or other

_5  immature stages of the species Apis mellifera.

_6      (17) "Bee pests" means a mite, other parasite, or disease that

_7  causes injury to bees and those honey bees generally recognized to

_8  have undesirable behavioral characteristics such as or as found in

_9  Africanized honey bees.

10      (18) "Biological control" means the use by humans of living

11  organisms to control or suppress undesirable animals and plants;

12  the action of parasites, predators, or pathogens on a host or prey

13  population to produce a lower general equilibrium than would

14  prevail in the absence of these agents.

15      (19) "Biological control agent" means a parasite, predator, or

16  pathogen intentionally released, by humans, into a target host or

17  prey population with the intent of causing population reduction of

18  that host or prey.

19      (20) "Emergency" means a situation where there is an imminent

20  danger of an infestation of plant pests or disease that seriously

21  threatens the state's agricultural or horticultural industries or

22  environment and that cannot be adequately addressed with normal

23  procedures or existing resources.

24      (21) "Large urban residential area" means that area lying

25  within the incorporated boundaries of a city with a population of

26  greater than one hundred thousand and the urban growth area

27  contiguous to the city, and in which residential uses are a

28  permitted or a conditional use.

     

29      Sec. 3.  RCW 17.24.061 and 1991 c 257 s 10 are each amended to read

30  as follows:

31      (1) In submitting data required by this chapter, the applicant

32  may:  (a) Mark clearly portions of data which in his or her opinion

33  are trade secrets or commercial or financial information; and (b)

34  submit the marked material separately from other material required

35  to be submitted under this chapter.

36      (2) Notwithstanding any other provision of this chapter ((or

37  other law)), the director shall not make information submitted by

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_1  an applicant or registrant under this chapter available to the

_2  public if((, in the judgment of the director,)) the information is

_3  privileged or confidential because it contains or relates to trade

_4  secrets or commercial or financial information.  Where ((necessary

_5  to)) disclosure would carry out the provisions of this chapter and

_6  further the purposes in RCW 17.24.003 and section 1 of this act,

_7  information relating to unpublished formulas of products acquired

_8  by authorization of this chapter may be revealed to any state or

_9  federal agency consulted and may be revealed at a public hearing

10  or in findings of fact issued by the director.

11      (3) If the director proposes to release for inspection or to

12  reveal at a public hearing or in findings of fact issued by the

13  director, information that the applicant or registrant believes to

14  be protected from disclosure under subsection (2) of this section,

15  he or she shall notify the applicant or registrant in writing, by

16  certified mail.  The director may not make this data available for

17  inspection nor reveal the information at a public hearing or in

18  findings of fact issued by the director until thirty days after

19  receipt of the notice by the applicant or registrant.  During this

20  period, the applicant or registrant may withdraw the application

21  or may institute an action in the superior court of Thurston

22  county for a declaratory judgment as to whether the information is

23  subject to protection under subsection (2) of this section.

     

24      NEW SECTION.  Sec. 4.  A new section is added to chapter 17.24

25  RCW to read as follows:

26      When surveys and other measures, including necessary laboratory

27  confirmation of species type, detect the presence within a large

28  urban residential area of a pest of a type and in such numbers

29  that the aerial application of pesticides may be considered as a

30  measure to control or eradicate the pest, the director shall

31  provide public notice of the survey results.  The director shall

32  choose from a variety of methods reasonably calculated to provide

33  notice to the public, including, at a minimum, posting the

34  affected area and notifying public and private groups with a known

35  interest in the type of proposal being considered.  The notice shall

36  describe the procedures to be used to evaluate the magnitude of

37  the risk of infestation and the alternatives for control or

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_1  eradication measures if such measures are determined necessary.  For

_2  at least thirty days from the date of the notice, the director

_3  shall accept and consider comments from the public on the survey

_4  results, extent of risk of infestation, the need for control or

_5  eradication measures, and recommendations for preferred measures.

     

_6      Sec. 5.  RCW 17.24.171 and 1991 c 257 s 21 are each amended to read

_7  as follows:

_8      (1) If the director determines that there exists an imminent

_9  danger of an infestation of plant pests or plant diseases that

10  seriously endangers the agricultural or horticultural industries

11  of the state, or that seriously threatens life, health, or

12  economic well-being, the director shall request the governor to

13  order emergency measures to control the pests or plant diseases

14  under RCW 43.06.010(((14))) (13).  The director's findings shall

15  contain an evaluation of the affect of the emergency measures on

16  public health, a summary of the information relied upon in

17  determining the extent of the danger, the alternative control

18  measures considered and the recommended measures, and, when

19  applicable, the director's response to the public comments

20  received upon the notice of detection in large urban residential

21  areas required under section 4 of this act.

22      (2) ((If an emergency is declared pursuant to RCW

23  43.06.010(14), the director may appoint a committee to advise the

24  governor through the director and to review emergency measures

25  necessary under the authority of RCW 43.06.010(14) and this

26  section and make subsequent recommendations))  The governor shall

27  appoint a committee to review the proposed emergency measures and

28  make recommendations to the governor.  The committee shall include

29  representatives of the agricultural and silvicultural industries,

30  state and local government, public health interests, technical

31  service providers, and environmental organizations.  When the

32  director proposes as an emergency measure the aerial application

33  of pesticides in a large urban residential area, the committee

34  shall include representatives of the local health jurisdiction as

35  well as the city or county government for the area, and

36  organizations representing residents of the area.  The committee

37  shall undertake such review and provide such information and

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_1  recommendations in a timely manner as the governor directs.

_2      (3) Upon the order of the governor of the use of emergency

_3  measures, the director is authorized to implement the emergency

_4  measures to prevent, control, or eradicate plant pests or plant

_5  diseases that are the subject of the emergency order.  Such

_6  measures, after thorough evaluation of all other alternatives, may

_7  include the aerial application of pesticides.

_8      (4) Upon the order of the governor of the use of emergency

_9  measures, the director is authorized to enter into agreements with

10  individuals or companies, or both, to accomplish the prevention,

11  control, or eradication of plant pests or plant diseases,

12  notwithstanding the provisions of chapter 15.58 or 17.21 RCW, or

13  any other statute.

14      (5) The director shall continually evaluate the emergency

15  measures taken and report to the governor at intervals of not less

16  than ten days.  When the measures include the aerial application of

17  pesticides in large urban residential areas, the director and the

18  local health jurisdiction shall cooperate in surveying public

19  health before, during, and following implementation of the

20  measures in such areas.  The results of these surveys shall be made

21  available to the public.  The director shall immediately advise

22  the governor if he or she finds that the emergency no longer

23  exists or if certain emergency measures should be discontinued.

     

24      Sec. 6.  RCW 43.06.010 and 1994 c 223 s 3 are each amended to read

25  as follows:

26      In addition to those prescribed by the Constitution, the

27  governor may exercise the powers and perform the duties prescribed

28  in this and the following sections:

29      (1) The governor shall supervise the conduct of all executive

30  and ministerial offices;

31      (2) The governor shall see that all offices are filled,

32  including as provided in RCW 42.12.070, and the duties thereof

33  performed, or in default thereof, apply such remedy as the law

34  allows; and if the remedy is imperfect, acquaint the legislature

35  therewith at its next session;

36      (3) The governor shall make the appointments and supply the

37  vacancies mentioned in this title;

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_1      (4) The governor is the sole official organ of communication

_2  between the government of this state and the government of any

_3  other state or territory, or of the United States;

_4      (5) Whenever any suit or legal proceeding is pending against

_5  this state, or which may affect the title of this state to any

_6  property, or which may result in any claim against the state, the

_7  governor may direct the attorney general to appear on behalf of

_8  the state, and report the same to the governor, or to any grand

_9  jury designated by the governor, or to the legislature when next

10  in session;

11      (6) The governor may require the attorney general or any

12  prosecuting attorney to inquire into the affairs or management of

13  any corporation existing under the laws of this state, or doing

14  business in this state, and report the same to the governor, or to

15  any grand jury designated by the governor, or to the legislature

16  when next in session;

17      (7) The governor may require the attorney general to aid any

18  prosecuting attorney in the discharge of the prosecutor's duties;

19      (8) The governor may offer rewards, not exceeding one thousand

20  dollars in each case, payable out of the state treasury, for

21  information leading to the apprehension of any person convicted of

22  a felony who has escaped from a state correctional institution or

23  for information leading to the arrest of any person who has

24  committed or is charged with the commission of a felony;

25      (9) The governor shall perform such duties respecting fugitives

26  from justice as are prescribed by law;

27      (10) The governor shall issue and transmit election

28  proclamations as prescribed by law;

29      (11) The governor may require any officer or board to make,

30  upon demand, special reports to the governor, in writing;

31      (12) The governor may, after finding that a public disorder,

32  disaster, energy emergency, or riot exists within this state or

33  any part thereof which affects life, health, property, or the

34  public peace, proclaim a state of emergency in the area affected,

35  and the powers granted the governor during a state of emergency

36  shall be effective only within the area described in the

37  proclamation;

38      (13) The governor may, after ((finding)) considering the

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_1  recommendations of the advisory committee appointed under RCW

_2  17.24.171(2), find that there exists within this state an imminent

_3  danger of infestation of plant pests as defined in RCW 17.24.007

_4  or plant diseases which seriously endangers the agricultural,

_5  silvicultural, or horticultural industries of the state of

_6  Washington, or which seriously threatens life, health, or economic

_7  well-being((,)).  Upon so finding, the governor may order emergency

_8  measures to prevent or abate the infestation or disease

_9  situation((, which measures,)).  After thorough evaluation of all

10  other alternatives, and determining that such alternatives are not

11  likely to prevent or abate the infestation or disease situation,

12  the governor may order emergency measures that include the aerial

13  application of pesticides;

14      (14) On all compacts forwarded to the governor pursuant to RCW

15  9.46.360(6), the governor is authorized and empowered to execute

16  on behalf of the state compacts with federally recognized Indian

17  tribes in the state of Washington pursuant to the federal Indian

18  Gaming Regulatory Act, 25 U.S.C. Sec. 2701 et seq., for conducting

19  class III gaming, as defined in the Act, on Indian lands.

     

20      Sec. 7.  RCW 15.08.020 and 1961 c 11 s 15.08.020 are each amended

21  to read as follows:

22      The following methods shall be used for the prevention, control

23  or disinfection of pests and diseases:

24      (1) Bacterial diseases, removal and destruction of infected

25  plant or part thereof, care being used to disinfect removal tools

26  to prevent infection therefrom;

27      (2) Fungus diseases, spraying with effective fungicide;

28      (3) Chewing or sucking insect pests, spraying with effective

29  insecticide:  PROVIDED, That when such spraying includes aerial

30  application in large urban residential areas, as defined in RCW

31  17.24.007(21), the requirements of RCW 17.24.171 and 43.06.010(13)

32  shall be met;

33      (4) Fungus insect pests, spraying with other effective

34  solutions or emulsions described in circulars issued by the

35  director.

 

‑‑‑ END ‑‑‑

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