6666-S.E

AN ACT Relating to nuisance aquatic weeds; creating new sections; making an appropriation; providing an expiration date; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that Washington's lakes, particularly urban and suburban lakes, are experiencing pollution problems. There are frequent conflicts between shoreline property owners, who want a lake free of nuisance and noxious aquatic weeds for health, natural habitat, and recreation purposes, and local and state agencies, who are charged with protecting water quality and habitat quality in the lakes. Human-caused pollution and natural factors that cause the growth of the nuisance and noxious aquatic weeds in lakes often have diffuse sources and can create dangerous conditions.

NEW SECTION. Sec. 2. There is created a committee to develop a Washington state lake health plan. The lake health plan shall include, but not be limited to, the following elements:

(1) An overview of the science of lakes management in general, and aquatic weeds in particular, using peer-reviewed studies and prior completed environmental impact statements, where possible. This scientific overview should identify and critically evaluate the various methods and techniques available for lake restoration and weed management;

(2) An analysis of the existing federal and state statutes, regulations, and policies dealing with lakes management. The plan shall provide recommendations on how to eliminate conflicts and inconsistencies in these legal requirements;

(3) An assessment of, and recommendations addressing, the problems arising from overlapping state and local agency programs and procedures;

(4) Recommendations on sources of state and local funding for lakes management. The funding mechanisms should reflect a preference for local solutions, and on involving all of the contributors to a lake's pollution in the funding of lake management expenses; and

(5) A plan or program to provide public information and education concerning how to prevent lake pollution and improve lake health. The committee consists of the following members: One representative from each caucus of the senate, selected by the president of the senate; one representative from each caucus of the house of representatives, selected by the speaker of the house of representatives; the director or the director's designee from the departments of fish and wildlife, health, ecology, natural resources, and agriculture; one county government representative from a county on the east side of the state and one county government representative from a county on the west side of the state; one city government representative; three lakeside homeowners, including at least one representative from the Washington association of lake protection associations; and two academic specialists, one of whom must be a limnologist. The committee shall select a person to be the committee staff. The staff person selected must come from a public institute associated with a state institution of higher education. The committee shall submit a plan with statutory recommendations, if any, to the legislature by January 1, 1998.

NEW SECTION. Sec. 3. The department of ecology shall expedite consideration of requests for approval for the application of pesticides, including the use of herbicides such as copper sulfate or diquat, to control nuisance and noxious weeds in lakes managed under chapter 90.24 RCW. Approval for the application of pesticides is subject to compliance with state and federal pesticide laws. The department of ecology shall condition the permits to ensure that migrating juvenile fish within the watershed are not significantly affected. The department of ecology may require applicators to provide reasonable notification to shoreline residents before application and to post signs describing swimming and fishing restrictions. The department of ecology may condition approval on a requirement that there will be sampling by the local health department to assess the biological effects of pesticide treatments. This section shall expire April 1, 1998.

NEW SECTION. Sec. 4. The sum of thirty thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 1997, from the general fund to the legislative budget committee, to contract with the selected state institution of higher education for the purposes of section 2 of this act.

NEW SECTION. Sec. 5. 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.