S-0672.4

SENATE BILL 5552

BySenators Liias, Warnick, Van De Wege, Short, Rolfes, Schoesler, Wagoner, Honeyford, Hawkins, and Hunt

AN ACT Relating to the protection of native pollinators, including bees; amending RCW 15.60.021, 17.10.145, 79.10.120, 79.10.200, 79.10.280, 79A.05.305, 47.40.040, and 47.40.100; reenacting and amending RCW 79A.15.010; adding a new section to chapter 43.23 RCW; adding a new section to chapter 77.12 RCW; adding a new section to chapter 15.58 RCW; adding new sections to chapter 35.21 RCW; adding new sections to chapter 35A.21 RCW; adding a new section to chapter 36.34 RCW; creating new sections; and providing an expiration date.

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

Therefore, the legislature intends by this act to initiate a concerted effort to protect and expand the native habitat upon which pollinators depend, by providing technical and financial assistance to public and private landowners, and by coordinating with other state agencies and local governments in promoting practices to ensure sustainable, healthy populations of managed and native pollinators.

NEW SECTION.  Sec. 2. A new section is added to chapter 43.23 RCW to read as follows:

The department shall establish a program to promote and protect native pollinator habitat and the health and sustainability of pollinator species. As funds are made available, the program must provide technical and financial assistance to state agencies, local governments, and private landowners to implement practices that promote habitat for native and managed pollinators, as well as beekeeper and grower best management practices. The program must be administered in coordination with the apiary program established in chapter 15.60 RCW, the honey bee commission authorized in chapter 15.62 RCW, and programs administered by the conservation commission and conservation districts.

(a) The conservation commission;

(b) The department of natural resources;

(c) The department of fish and wildlife;

(d) The state parks and recreation commission;

(e) The Washington state department of transportation;

(f) The state noxious weed control board;

(g) The tree fruit industry;

(h) Other agricultural industries dependent upon pollinators;

(i) Washington State University;

(j) Pesticide distributors and applicators;

(k) Conservation organizations;

(l) A member of the public from west of the crest of the Cascade mountains; and

(m) A member of the public from east of the crest of the Cascade mountains.

(2) One or more representatives of Washington tribes must also be invited to participate on the task force.

(3) One youth representative from an organization that encourages students to engage in agricultural education must also be invited to participate on the task force when available.

(4) The task force shall build upon existing pollinator and pollinator habitat plans at the national and state level to develop a state pollinator health strategy that includes, but is not limited to, the following elements:

(a) A research action plan to focus state efforts on understanding, preventing, and recovering from pollinator losses;

(b) A plan to expand and coordinate public education programs outlining steps that individuals and businesses can take to help address the loss of pollinators;

(c) Recommendations for developing public and private partnerships to encourage pollinator protection and increase the quality and amount of habitat and forage for pollinators;

(d) Specific targets and plans that state agencies should adopt to enhance pollinator habitat on their managed lands and facilities;

(e) Recommendations for promoting seed banks and native plants beneficial for pollinators; and

(f) Recommendations for legislative, administrative, or budgetary actions necessary to implement the strategy.

(5) The department of agriculture shall provide the strategy to the appropriate committees of the senate and house of representatives by December 31, 2019, in compliance with RCW 43.01.036.

(6) This section expires January 1, 2020.

Sec. 4. RCW 15.60.021 and 2000 c 100 s 3 are each amended to read as follows:

(1) Each person owning one or more hives with bees, brokers renting hives, and apiarists resident in other states who operate hives in Washington shall register with the director by April 1st each year.

(2) The registration application shall include:

(a) The name, address, and phone number of the apiarist or broker;

(b) The number of colonies of bees to be owned, brokered, or operated in Washington that year;

(c) A registration fee as prescribed in rule by the director, with the advice of the apiary advisory committee; and

(d) Any other information required by the department by rule.

(3) The director shall issue to each apiarist or broker registered with the department an apiarist identification number.

Sec. 5. RCW 17.10.145 and 2016 c 44 s 2 are each amended to read as follows:

(1) All state agencies shall control noxious weeds on lands they own, lease, or otherwise control through integrated pest management practices. Agencies shall develop plans in cooperation with county noxious weed control boards to control noxious weeds in accordance with standards in this chapter.

(2) All state agencies' lands must comply with this chapter, regardless of noxious weed control efforts on adjacent lands.

(3) While conducting planned projects to ensure compliance with this chapter, all agencies must give preference, when deemed appropriate by the acting agency for the project and targeted resource management goals, to replacing ((pollen-rich or nectar-rich)) noxious weeds with native forage plants that are pollen-rich or nectar-rich and beneficial for all pollinators, including honey bees.

Sec. 6. RCW 79.10.120 and 2014 c 114 s 4 are each amended to read as follows:

Multiple uses additional to and compatible with those basic activities necessary to fulfill the financial obligations of trust management may include but are not limited to:

(1) Recreational areas;

(2) Recreational trails for both vehicular and nonvehicular uses developed or maintained consistent with RCW 79.10.500;

(3) Special educational or scientific studies;

(4) Experimental programs by the various public agencies;

(5) Special events;

(6) Hunting and fishing and other sports activities;

(7) Maintenance of pollinator habitat and habitat beneficial for the feeding, nesting, and reproduction of native pollinators, including bees;

(8) Nonconsumptive wildlife activities as defined by the board of natural resources;

(((8)))(9) Maintenance of scenic areas;

(((9)))(10) Maintenance of historical sites;

(((10)))(11) Municipal or other public watershed protection;

(((11)))(12) Greenbelt areas;

(((12)))(13) Public rights-of-way;

(((13)))(14) Other uses or activities by public agencies((;)).

If such additional uses are not compatible with the financial obligations in the management of trust land they may be permitted only if there is compensation from such uses satisfying the financial obligations.

Sec. 7. RCW 79.10.200 and 2003 c 334 s 542 are each amended to read as follows:

The department may adopt a multiple use land resource allocation plan for all or portions of the lands under its jurisdiction providing for the identification and establishment of areas of land uses and identifying those uses which are best suited to achieve the purposes of RCW 79.10.060, 79.10.070, 79.10.100 through 79.10.120, 79.10.130, 79.10.200 through 79.10.330, 79.44.003, and ((79.90.456))79.105.050. Such plans shall take into consideration the various ecological conditions, elevations, soils, natural features, vegetative cover, pollinator habitat, climate, geographical location, values, public use potential, accessibility, economic uses, recreational potentials, local and regional land use plans or zones, local, regional, state, and federal comprehensive land use plans or studies, and all other factors necessary to achieve the purposes of RCW 79.10.060, 79.10.070, 79.10.100 through 79.10.120, 79.10.130, 79.10.200 through 79.10.330, 79.44.003, and ((79.90.456))79.105.050.

Sec. 8. RCW 79.10.280 and 2003 c 334 s 545 are each amended to read as follows:

(1) The department shall design expansion of its land use data bank to include additional information that will assist in the formulation, evaluation, and updating of intermediate and long-range goals and policies for land use, population growth and distribution, urban expansion, open space, resource preservation and utilization, and other factors which shape statewide development patterns and significantly influence the quality of the state's environment. The system shall be designed to permit inclusion of other lands in the state and will do so as financing and time permit.

(2) Such data bank shall contain any information relevant to the future growth of agriculture, forestry, industry, business, residential communities, and recreation; the wise use of land and other natural resources which are in accordance with their character and adaptability; the conservation and protection of the soil, air, water, pollinator habitat, and forest resources; the protection of the beauty of the landscape; and the promotion of the efficient and economical uses of public resources.

The information shall be assembled from all possible sources, including but not limited to, the federal government and its agencies, all state agencies, all political subdivisions of the state, all state operated universities and colleges, and any source in the private sector. All state agencies, all political subdivisions of the state, and all state universities and colleges are directed to cooperate to the fullest extent in the collection of data in their possession. Information shall be collected on all areas of the state but collection may emphasize one region at a time.

(3) The data bank shall make maximum use of computerized or other advanced data storage and retrieval methods. The department is authorized to engage consultants in data processing to ensure that the data bank will be as complete and efficient as possible.

(4) The data shall be made available for use by any governmental agency, research organization, university or college, private organization, or private person as a tool to evaluate the range of alternatives in land and resource planning in the state.

NEW SECTION.  Sec. 9. A new section is added to chapter 77.12 RCW to read as follows:

The department must implement practices necessary to maintain native pollinator habitat on department-owned and managed agricultural and grazing lands where practicable. For the purposes of this section, "native pollinator habitat" means an area of land that is or may be developed as habitat beneficial for the feeding, nesting, and reproduction of native pollinators, including bees, as determined by the department.

Sec. 10. RCW 79A.05.305 and 1984 c 82 s 2 are each amended to read as follows:

The legislature declares that it is the continuing policy of the state of Washington to set aside and manage certain lands within the state for public park purposes. To comply with public park purposes, these lands shall be acquired and managed to:

(1) Maintain and enhance ecological, aesthetic, and recreational purposes;

(2) Preserve and maintain mature and old-growth forests containing trees of over ninety years and other unusual ecosystems as natural forests or natural areas, which may also be used for interpretive purposes;

(3) Protect cultural and historical resources, locations, and artifacts, which may also be used for interpretive purposes;

(4) Provide a variety of recreational opportunities to the public, including but not limited to use of developed recreation areas, trails, and natural areas;

(5) Preserve and maintain habitat which will protect and promote endangered, threatened, and sensitive plants, ((and)) endangered, threatened, and sensitive animal species, and habitat beneficial for the feeding, nesting, and reproduction of native pollinators, including bees; and

(6) Encourage public participation in the formulation and implementation of park policies and programs.

Sec. 11. RCW 47.40.040 and 1961 c 13 s 47.40.040 are each amended to read as follows:

Each application for a permit to plant, cultivate and grow any hedge, shade or ornamental trees or shrubbery along or upon the right-of-way of any state highway or improve such right-of-way shall be in writing, signed by the applicant, and shall describe the state highway or portion thereof along or upon the right-of-way of which permit to plant, cultivate, grow or improve is sought, by name, number, or other reasonable description, and the lands bordering thereon by governmental subdivisions, and shall state the names, places or residence and post office addresses of the applicant or applicants owning the land abutting upon such state highway or the name of the person, firm, corporation, association or organization applying for the permit and the names of its officers and their places of residence and their post office addresses, and shall state definitely the purpose for which the permit is sought, giving a description of the kind of hedge, or variety of shrubbery or trees desired to be planted or the kinds of crops to be grown, or improvement to be made, with a diagram illustrating the location and number of hedges, trees or shrubs or the area of cultivation desired or plans of the improvement proposed to be made. Whenever possible, applicants should use native forage plants that are pollen-rich or nectar-rich and beneficial for all pollinators, including bees, in order to develop habitat beneficial for the feeding, nesting, and reproduction of pollinators.

Sec. 12. RCW 47.40.100 and 1995 c 106 s 1 are each amended to read as follows:

(1)(a) The department of transportation shall establish a statewide adopt-a-highway program. The purpose of the program is to provide volunteers and businesses an opportunity to contribute to a cleaner environment, enhanced roadsides, and protection of wildlife habitats. Participating volunteers and businesses shall adopt department-designated sections of state highways, rest areas, park and ride lots, intermodal facilities, and any other facilities the department deems appropriate, in accordance with rules adopted by the department. The department may elect to coordinate a consortium of participants for adopt-a-highway projects.

(b) The adopt-a-highway program shall include, at a minimum, litter control for the adopted section, and may include additional responsibilities such as planting and maintaining vegetation, controlling weeds, graffiti removal, and any other roadside improvement or clean-up activities the department deems appropriate. Whenever possible, when planting and maintaining vegetation, volunteers and businesses should use native forage plants that are pollen-rich or nectar-rich and beneficial for all pollinators, including bees, in order to develop habitat beneficial for the feeding, nesting, and reproduction of pollinators. The department shall not accept adopt-a-highway proposals that would have the effect of terminating classified employees or classified employee positions.

(2) A volunteer group or business choosing to participate in the adopt-a-highway program must submit a proposal to the department. The department shall review the proposal for consistency with departmental policy and rules. The department may accept, reject, or modify an applicant's proposal.

(3) The department shall seek partnerships with volunteer groups and businesses to facilitate the goals of this section. The department may solicit funding for the adopt-a-highway program that allows private entities to undertake all or a portion of financing for the initiatives. The department shall develop guidelines regarding the cash, labor, and in-kind contributions to be performed by the participants.

(4) An organization whose name: (a) Endorses or opposes a particular candidate for public office, (b) advocates a position on a specific political issue, initiative, referendum, or piece of legislation, or (c) includes a reference to a political party shall not be eligible to participate in the adopt-a-highway program.

(5) In administering the adopt-a-highway program, the department shall:

(a) Provide a standardized application form, registration form, and contractual agreement for all participating groups. The forms shall notify the prospective participants of the risks and responsibilities to be assumed by the department and the participants;

(b) Require all participants to be at least fifteen years of age;

(c) Require parental consent for all minors;

(d) Require at least one adult supervisor for every eight minors;

(e) Require one designated leader for each participating organization, unless the department chooses to coordinate a consortium of participants;

(f) Assign each participating organization a section or sections of state highway, or other state-owned transportation facilities, for a specified period of time;

(g) Recognize the efforts of a participating organization by erecting and maintaining signs with the organization's name on both ends of the organization's section of highway;

(h) Provide appropriate safety equipment. Safety equipment issued to participating groups must be returned to the department upon termination of the applicable adopt-a-highway agreement;

(i) Provide safety training for all participants;

(j) Pay any and all premiums or assessments required under RCW 51.12.035 to secure medical aid benefits under chapter 51.36 RCW for all volunteers participating in the program;

(k) Require participating businesses to pay all employer premiums or assessments required to secure medical aid benefits under chapter 51.36 RCW for all employees or agents participating in the program;

(l) Maintain records of all injuries and accidents that occur;

(m) Adopt rules that establish a process to resolve any question of an organization's eligibility to participate in the adopt-a-highway program;

(n) Obtain permission from property owners who lease right-of-way before allowing an organization to adopt a section of highway on such leased property; and

(o) Establish procedures and guidelines for the adopt-a-highway program.

(6) Nothing in this section affects the rights or activities of, or agreements with, adjacent landowners, including the use of rights-of-way and crossings, nor impairs these rights and uses by the placement of signs.

Sec. 13. RCW 79A.15.010 and 2016 c 149 s 2 are each reenacted and amended to read as follows:

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Acquisition" means the purchase on a willing seller basis of fee or less than fee interests in real property. These interests include, but are not limited to, options, rights of first refusal, conservation easements, leases, and mineral rights.

(2) "Board" means the recreation and conservation funding board.

(3) "Confer" means a dialogue between project sponsors and local county and city officials with the purpose of early review of potential projects. The dialogue may include any matter relevant to a particular project, which may include but need not be limited to: Project purpose and scope; project elements; estimated project cost; costs and benefits to the community; plans for project management and maintenance; and public access.

(4) "Critical habitat" means lands important for the protection, management, or public enjoyment of certain wildlife species or groups of species, including, but not limited to, wintering range for deer, elk, and other species, waterfowl and upland bird habitat, fish habitat, and habitat for endangered, threatened, or sensitive species. Critical habitat may include habitat beneficial for the feeding, nesting, and reproduction of native pollinators, including bees.

(5) "Farmlands" means any land defined as: (a) "Farm and agricultural land" in RCW 84.34.020(2); and (b) "farm and agricultural conservation land" in RCW 84.34.020(8). Farmlands may include habitat beneficial for the feeding, nesting, and reproduction of native pollinators, including bees.

(6) "Forestlands" means any land defined as "timberland" in RCW 84.34.020(3). Forestlands may include habitat beneficial for the feeding, nesting, and reproduction of native pollinators, including bees.

(7) "Local agencies" means a city, county, town, federally recognized Indian tribe, special purpose district, port district, or other political subdivision of the state providing services to less than the entire state.

(8) "Multiple benefits" means recreational uses that are compatible with habitat conservation or resources uses or management practices that are compatible with and provide the ability to achieve additional conservation benefits.

(9) "Natural areas" means areas that have, to a significant degree, retained their natural character and are important in preserving rare or vanishing flora, fauna, geological, natural historical, or similar features of scientific or educational value. Natural areas may include habitat beneficial for the feeding, nesting, and reproduction of native pollinators, including bees.

(10) "Nonprofit nature conservancies" means organizations as defined in RCW 84.34.250.

(11) "Riparian habitat" means land adjacent to water bodies, as well as submerged land such as streambeds, which can provide functional habitat for salmonids and other fish and wildlife species. Riparian habitat includes, but is not limited to, shorelines and near-shore marine habitat, estuaries, lakes, wetlands, streams, and rivers. Riparian habitat may include habitat beneficial for the feeding, nesting, and reproduction of native pollinators, including bees.

(12) "Special needs populations" means physically restricted people or people of limited means.

(13) "State agencies" means the state parks and recreation commission, the department of natural resources, the department of enterprise services, and the department of fish and wildlife.

(14) "Trails" means public ways constructed for and open to pedestrians, equestrians, or bicyclists, or any combination thereof, other than a sidewalk constructed as a part of a city street or county road for exclusive use of pedestrians. Trails may include habitat beneficial for the feeding, nesting, and reproduction of native pollinators, including bees.

(15) "Urban wildlife habitat" means lands that provide habitat important to wildlife in proximity to a metropolitan area. Urban wildlife habitat may include habitat beneficial for the feeding, nesting, and reproduction of native pollinators, including bees.

(16) "Water access" means boat or foot access to marine waters, lakes, rivers, or streams.

NEW SECTION.  Sec. 14. A new section is added to chapter 15.58 RCW to read as follows:

The department must develop educational materials regarding the best practices for avoiding adverse effects from pesticides including, but not limited to, neonicotinoids, on populations of bees and other pollinating insects. The educational materials must include, but not be limited to, measures that anyone applying pesticides can take to protect bees. The department must design requirements to ensure that any pesticide applicator applying or supervising the application of a restricted-use pesticide is highly knowledgeable regarding alternatives to, the appropriateness of, and precautions for, the use of restricted-use pesticides that may be injurious to the health of bees and other pollinating insects.

NEW SECTION.  Sec. 15. A new section is added to chapter 35.21 RCW to read as follows:

(1) A city or town may, by ordinance, establish an urban agriculture zone within the boundaries of the city or town.

(2) To establish an urban agriculture zone, the city or town must conduct at least one public hearing on the question of whether to establish the urban agriculture zone.

(3) An ordinance adopted pursuant to this section must not prohibit the use of structures that support agricultural activity including, without limitation, apiaries, toolsheds, greenhouses, produce stands, and instructional spaces.

NEW SECTION.  Sec. 16. A new section is added to chapter 35.21 RCW to read as follows:

A city or town may authorize, by ordinance, the use of vacant or blighted city land for the purpose of community gardening under the terms and conditions established for the use of the city land set forth by the ordinance. The ordinance may establish fees for the use of the city land, provide requirements for liability insurance, and provide requirements for a deposit to use the city land, which may be refunded. The ordinance must require that a portion of the community garden include habitat beneficial for the feeding, nesting, and reproduction of native pollinators, including bees.

NEW SECTION.  Sec. 17. A new section is added to chapter 35A.21 RCW to read as follows:

(1) A code city may, by ordinance, establish an urban agriculture zone within the boundaries of the code city.

(2) To establish an urban agriculture zone, the code city must conduct at least one public hearing on the question of whether to establish the urban agriculture zone.

(3) An ordinance adopted pursuant to this section must not prohibit the use of structures that support agricultural activity including, without limitation, apiaries, toolsheds, greenhouses, produce stands, and instructional spaces.

NEW SECTION.  Sec. 18. A new section is added to chapter 35A.21 RCW to read as follows:

A code city may authorize, by ordinance, the use of vacant or blighted city land for the purpose of community gardening under the terms and conditions established for the use of the city land set forth by the ordinance. The ordinance may establish fees for the use of the city land, provide requirements for liability insurance, and provide requirements for a deposit to use the city land, which may be refunded. The ordinance must require that a portion of the community garden include habitat beneficial for the feeding, nesting, and reproduction of native pollinators, including bees.

NEW SECTION.  Sec. 19. A new section is added to chapter 36.34 RCW to read as follows:

A county may, by ordinance, authorize the use of vacant or blighted county land for the purpose of community gardening under the terms and conditions established for the use of the county land set forth by the ordinance. The ordinance may establish fees for the use of the county land, provide requirements for liability insurance, and provide requirements for a deposit to use the county land, which may be refunded. The ordinance must require that a portion of the community garden include habitat beneficial for the feeding, nesting, and reproduction of native pollinators, including bees.

--- END ---