HOUSE BILL REPORT

                     SHB 1954

                              As Passed House

Title:  An act relating to agricultural nuisances.

Brief Description:  Changing conditions and limitations on agricultural nuisances.

Sponsor(s):  By House Committee on Agriculture & Rural Development (originally sponsored by Representatives Rayburn, Nealey, McLean, R. Johnson, Chandler, Kremen, D. Sommers, Ballard, Roland, Bowman, Grant, Inslee, Rasmussen and Sheldon).

Brief History:

   Reported by House Committee on:

Agriculture & Rural Development, February 28, 1991, DPS;

Passed House, March 20, 1991, 97-0.

Amended by Senate;

Conference Committee Report adopted;

Passed House, 97-0.

HOUSE COMMITTEE ON

AGRICULTURE & RURAL DEVELOPMENT

Majority Report: That Substitute House Bill No. 1954 be substituted therefor, and the substitute bill do pass.  Signed by 10 members:  Representatives Rayburn, Chair; Kremen, Vice Chair; Nealey, Ranking Minority Member; P. Johnson, Assistant Ranking Minority Member; Grant; R. Johnson; Lisk; McLean; Rasmussen; and Roland.

Staff:  Kenneth Hirst (786-7105).

Background:  State law declares that an agricultural activity conducted on farmland is reasonable and does not constitute a nuisance under the following circumstances: (1) the activity does not have a substantial adverse effect on public health and safety; (2) the activity is consistent with good agricultural practices; and (3) the activity was established before surrounding nonagricultural activities.  The public health and safety is not adversely affected and the agricultural activity is presumed to be a good agricultural practice if the activity is undertaken in conformity with federal, state, and local laws and rules.

Summary of Bill:  The exemption granted by law to agricultural activities from regulation as nuisances is modified.  The exemption applies to a condition or activity which occurs on a farm in connection with the commercial production of certain farm products.  The farmland on which the activities are exempt is land or freshwater aquacultural commodities, or other agricultural commodities.  The farm products, the production of which is exempt, are the plants and animals useful to humans.  This exemption for agricultural activities also expressly applies to the restriction of the activities as to the time during which the activities can occur.

Nonexclusive lists of the associated agricultural activities and farm products which qualify for the exemption are provided.  This exemption does not impair any right to sue for damages.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  (1)  The bill supports farmers' right to farm.  It provides protection against frivolous law suits.  (2)  If a person violates a law, the person is still liable for the damages.

Testimony Against:  None.

Witnesses:  Jim Zimmerman, Trout Lodge Incorporated (in favor); and Bruce Ellingson, Washington Association of Apple Growers.