5468 AMH AGEC AMH-3093

5468 AMH AGEC AMH-3093.1

SB 5468 - H COMM AMD

By Committee on Agriculture & Ecology

ADOPTED AS AMENDED 4/9/97

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature declares that it is the policy of this state to promote beekeeping to maintain and enhance the pollination of plants for the production of commercial and noncommercial products. In support of this policy the legislature declares its recognition and support for efforts to enhance and encourage beekeeping operations in urban and rural areas of the state that benefit a wide range of activities such as commercial agriculture, gardening, and pollination of wildlife-supporting plants.

It is the intent of the legislature to recognize the keeping of bees for pollination of agricultural products as an agricultural activity to aid in protection of this essential activity from nuisance lawsuits.

It is the intent of the legislature in sections 3 and 4 of this act for the apiary advisory committee to provide advice and input to state agencies that own and manage lands regarding the means necessary to enhance the pollination of plants on state-owned lands while furnishing pasture for honey bees.

Sec. 2. RCW 7.48.310 and 1992 c 52 s 4 are each amended to read as follows:

As used in RCW 7.48.305:

(1) "Agricultural activity" means a condition or activity which occurs on a farm in connection with the commercial production of farm products and includes, but is not limited to, marketed produce at roadside stands or farm markets; noise; odors; dust; fumes; operation of machinery and irrigation pumps; movement, including, but not limited to, use of current county road ditches, streams, rivers, canals, and drains, and use of water for agricultural activities; ground and aerial application of seed, fertilizers, conditioners, and plant protection products; keeping of bees for pollination of agricultural products; employment and use of labor; roadway movement of equipment and livestock; protection from damage by wildlife; prevention of trespass; construction and maintenance of buildings, fences, roads, bridges, ponds, drains, waterways, and similar features and maintenance of streambanks and watercourses; and conversion from one agricultural activity to another.

(2) "Farm" means the land, buildings, freshwater ponds, freshwater culturing and growing facilities, and machinery used in the commercial production of farm products.

(3) "Farmland" means land or freshwater ponds devoted primarily to the production, for commercial purposes, of livestock, freshwater aquacultural, or other agricultural commodities.

(4) "Farm product" means those plants and animals useful to humans and includes, but is not limited to, forages and sod crops, dairy and dairy products, poultry and poultry products, livestock, including breeding, grazing, and recreational equine use, fruits, vegetables, flowers, seeds, grasses, trees, freshwater fish and fish products, apiaries, equine and other similar products, or any other product which incorporates the use of food, feed, fiber, or fur.

(5) "Forest practice" means "forest practice" as defined in RCW 76.09.020.

NEW SECTION. Sec. 3. The commissioner of public lands shall confer with the apiary advisory committee established under RCW 15.60.010, for the purpose of implementing the policy under section 1 of this act and exploring the benefits to resources that could result from locating additional pollinating bees on lands managed by the department of natural resources. The discussion shall also include the benefits to beekeepers of making additional pasture for domesticated bees available at a reasonable cost.

The department shall report to the legislature by December 1, 1997, on actions taken to implement the policy in section 1 of this act.

NEW SECTION. Sec. 4. The department of fish and wildlife shall confer with the apiary advisory committee established under RCW 15.60.010, for the purpose of implementing the policy under section 1 of this act and exploring the benefits to resources that could result from locating additional pollinating bees on lands managed by the department of fish and wildlife. The discussion shall also include the benefits to beekeepers of making additional pasture for domesticated bees available at a reasonable cost.

The department shall report to the legislature by December 1, 1997, on actions taken to implement the policy in section 1 of this act.

Sec. 5. RCW 15.60.040 and 1994 c 178 s 4 are each amended to read as follows:

(((1) There is hereby established a fee on the use, by growers of agricultural crops, of bee pollination services provided by others. This pollination service fee is in the amount of fifty cents for each setting of each hive containing a colony that is used by the grower. The fee shall be paid by the grower using the service, shall be collected by the beekeeper providing the service, and shall be remitted by the beekeeper to the department as provided by rules adopted by the director. All such fees shall be deposited in the industry apiary program account. Revenues from these fees shall be directed to use in providing services to the apiary industry that assist in ensuring the vitality and availability of bees for commercial pollination services for the agricultural industry.

~~(2)~~)) There is established an industry apiary program account within the agricultural local fund. All money collected under this chapter including fees for requested services, required inspections, or treatments, and registration fees((~~, and apiary assessments~~)) shall be placed in the industry apiary program account. Money in the account may only be used to carry out the purposes of this chapter. No appropriation is required for disbursement from the industry apiary program account.

NEW SECTION. Sec. 6. The apiary advisory committee established under RCW 15.60.010 shall, in consultation with the director of agriculture, examine means of offsetting the reduction in revenues to the industry apiary program account resulting from the amendments to RCW 15.60.040 made by section 5 of this act by providing alternative revenues to the account from sources within the apiary industry. Any recommendation of the committee shall be made to the house agriculture and ecology committee and the senate agriculture and environment committee by December 1, 1997, in the form of legislation providing such offsetting revenues. Any alternative source or sources of revenues included in such a recommendation shall be exclusively from sources within the apiary industry and shall not be in the form of state fees imposed upon other segments of the agricultural community."

Correct the title.