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ENGROSSED
SENATE BILL 6273
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AS
AMENDED BY THE SENATE
Passed
Legislature - 1992 Regular Session
State of Washington 52nd
Legislature 1992 Regular Session
Read first time 01/23/92.
Referred to Committee on Agriculture & Water Resources.Clarifying the department of agriculture's authority.
AN ACT
Relating to clarifying the department of agriculture's authority to regulate
pesticides; adding a new section to chapter 15.58 RCW; adding a new section to
chapter 17.21 RCW; providing an expiration date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
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; or
providing compliance with water quality standards established by the state's
department of ecology by rule.
(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; or
providing compliance with water quality standards established by the state's
department of ecology by rule.
(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, 1994.
