6273.E AMH JOHR H5068.5

ESB 6273 - H AMD TO AG COMM AMD (H-4996.1/92) 0362  ADOPTED  03/06/92

By Representatives R. Johnson, Chandler and Haugen

    On page 1, after line 6 of the amendment, strike the remainder of the amendment and insert the following:

    "NEW SECTION. Sec. 1.  A new section is added to chapter 15.58 RCW to read as follows:

    (1) Except as provided in subsections (2) and (5) of this section, no city, town, or county may regulate the use of pesticides:  On lands designated as being agricultural or forest lands under RCW 36.70A.170; on land classified as farm and agricultural land under chapter 84.34 RCW; on land regarding which pesticide use is regulated under chapter 76.09 RCW; or on a right of way or easement for a state highway or for a privately or governmentally owned public utility.

    (2) A city, town, or county may regulate the use of pesticides on lands, rights of way, or easements listed in subsection (1) of this section only for the purpose of implementing the requirements of the rules of the state's department of health or state board of health for protecting drinking water supplies.

    (3) Before proposing an ordinance to regulate pesticides, a city, town, or county shall consult with the state's departments of agriculture, ecology, and health.

    (4) Except as provided in subsection (5) of this section, no unit of local government in this state other than a city, town, or county may regulate pesticides.

    (5) The provisions of this section do not prohibit a unit of local government from managing or regulating pesticides on property in which the unit of government has any legal or equitable ownership interest or leasehold interest."

    "NEW SECTION. Sec. 2.  A new section is added to chapter 17.21 RCW to read as follows:

    (1) Except as provided in subsections (2) and (5) of this section, no city, town, or county may regulate the use of pesticides:  On lands designated as being agricultural or forest lands under RCW 36.70A.170; on land classified as farm and agricultural land under chapter 84.34 RCW; on land regarding which pesticide use is regulated under chapter 76.09 RCW; or on a right of way or easement for a state highway or for a privately or governmentally owned public utility.

    (2) A city, town, or county may regulate the use of pesticides on lands, rights of way, or easements listed in subsection (1) of this section only for the purpose of implementing the requirements of the rules of the state's department of health or state board of health for protecting drinking water supplies.

    (3) Before proposing an ordinance to regulate pesticides, a city, town, or county shall consult with the state's departments of agriculture, ecology, and health.

    (4) Except as provided in subsection (5) of this section, no unit of local government in this state other than a city, town, or county may regulate pesticides.

    (5) The provisions of this section do not prohibit a unit of local government from managing or regulating pesticides on property in which the unit of government has any legal or equitable ownership interest or leasehold interest."

    "NEW SECTION. Sec. 3.    This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."

    "NEW SECTION. Sec. 4.    This act shall expire on July 1, 1995."