5597-S AMH BLAK H2939.1
SSB 5597 - H AMD 659
By Representative Blake
ADOPTED 04/16/2019
Strike everything after the enacting clause and insert the following:
"NEW SECTION.  Sec. 1. (1)(a) The legislature finds that forest managers, state agencies, and the broader community share an interest in minimizing human and environmental exposure to herbicides. Forestland owners have made significant gains in the protection of riparian and wetland areas along the state's waterways, as well as protecting the health and safety of the public and forest workers, through a combination of scientific advancements, ongoing education and training, improved technologies, and proper monitoring and regulation under the forests and fish statute and the associated forest practices rules.
(b) The legislature further finds that while the use of herbicides is an important tool to the timber industry, the use of chemicals should be integrated within a broader pest management approach. The legislature finds that the research, development, and feasibility of nontraditional control methods, along with methods already in use, could result in a more integrated pest management approach for forest management.
(2) This section expires December 31, 2020.
NEW SECTION.  Sec. 2. (1) A work group on the aerial application of herbicides on state and private forestlands is established to review all existing best management practices and, if necessary, develop recommendations for improving the best management practices for aerial application of herbicides on state and private forestlands, including the criteria to be used in evaluating best management practices.
(2) The work group shall:
(a) Review the roles of all management and regulatory agencies in approving herbicides for use and application on forestlands in Washington and review existing state and federal programs, policies, and regulations concerning aerial application of herbicides on forestlands;
(b) Review current herbicide application technology in the state and throughout the nation to increase herbicide application accuracy and other best management practices to minimize drift and exposure of humans, fish, and wildlife as well impact on drinking water, surface waters, and wetland areas;
(c) Review research, reports, and data from government agencies, research institutions, nongovernmental organizations, and landowners regarding the most frequently used herbicides in forest practices, to inform the development and update of strategies related to herbicides management on forestlands; and
(d) Develop recommendations, if appropriate, for managing working forestlands through an integrated pest management approach that combines traditional chemical and other vegetative control methods as well as other silvicultural practices to protect resource values from pests, while minimizing the effect on nontarget species as well as ensuring the protection of public safety and human health, while still offering effective control that is economically feasible on a commercial forestry scale. Recommendations must consider the toxicity, mobility, and bioaccumulation of any proposed alternatives as compared to traditional operations.
(3)(a) The work group is composed of:
(i) One member and one alternate from each of the two largest caucuses in the senate, who must be appointed by the majority leader and minority leader of the senate;
(ii) One member and one alternate from each of the two largest caucuses in the house of representatives, who must be appointed by the speaker and minority leader of the house of representatives;
(iii) One senior level management representative from each of the following agencies:
(A) The department of agriculture;
(B) The department of health;
(C) The department of natural resources;
(D) The department of fish and wildlife; and
(E) The department of ecology;
(iv) One representative of Washington State University pesticide safety education program;
(v) One representative from the Pacific Northwest agricultural safety and health center at the University of Washington; and
(vi) Representatives from the following groups, appointed by the consensus of the cochairs:
(A) Two industrial forestland owners with one from the west of the crest of the Cascade mountains and one from east of the crest of the Cascade mountains;
(B) One representative of small forestland owners;
(C) One representative of large-scale organic farming;
(D) One representative of aerial applicators;
(E) Three representatives of environmental or community interests;
(F) One representative with expertise in noxious weed control; and
(G) One representative with pesticide registrant expertise in forest herbicides.
(b) Representatives of Washington tribes that are involved in timber production must be invited to participate on the work group.
(c) If a member has not been designated for a position set forth in this section, that position may not be counted for purposes of determining a quorum.
(4) The work group must be cochaired by one representative each from the department of agriculture and the department of natural resources.
(5) Staff support for the members of the work group must be provided by the departments of natural resources and agriculture.
(6) Legislative members of the work group are reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members of the work group are not entitled to be reimbursed for travel expenses if they are elected officials or are participating on behalf of an employer, governmental entity, or other organization. Any reimbursement for nonlegislative members is subject to chapter 43.03 RCW.
(7) The work group shall provide a report that includes any findings, recommendations, and draft legislation, to the governor and the legislature consistent with RCW 43.01.036, by December 31, 2019.
(8) This section expires December 31, 2020."
Correct the title.
EFFECT: Makes the following changes to the work group in the underlying bill:
(1) Removes language specifying that the work group is a legislative work group.
(2) Adds one industrial forestland owner to the work group and specifies that one must be from the east side of the Cascades and the other from the west side of the Cascades.
(3) Adds a representative from Pacific Northwest Agricultural Safety and Health Center at the University of Washington to the work group.
(4) Removes language providing for additional members of the work group representing any other interest deemed important to providing information.
(5) Specifies that the work group must be chaired by representatives from the Department of Agriculture and the Department of Natural Resources.
(6) Provides that the departments of Natural Resources and Agriculture must provide staff support for the work group.
(7) Removes the requirement that the work group report to the Forest Practices Board.
(8) Changes the due date of the report to December 31, 2019, and extends the expiration date of the work group to December 31, 2020, instead of December 31, 2019.
(9) Specifies that legislative members may be reimbursed for expenses related to their participation in the work group.
(10) Deletes the provision requiring nonlegislative members to be reimbursed in the same manner as part-time boards and commissions, and provides that any reimbursement for nonlegislative members is subject to general provisions regarding state expenses.
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