BP BHEAD INT S [atlas:bill]

AN ACT Relating to avoiding farmland conversion; and adding a new chapter to Title 89 RCW.

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

NEW SECTION. Sec. 1. (1) The legislature finds that:

(a) The state's farmland is a unique natural resource and provides food and fiber for people around the world, in addition to providing the essential component for the state's third largest economic sector;

(b) Each year, a large amount of Washington's farmland is irrevocably converted from actual or potential agricultural use to nonagricultural use;

(c) Continued decrease in Washington's farmland base may threaten the ability of our state to produce food and fiber in sufficient quantities to meet domestic needs and the demands of our export markets;

(d) The extensive use of farmland for nonagricultural purposes undermines the economic base of many rural areas;

(e) State actions, in many cases, result in or facilitate the conversion of farmland to nonagricultural uses although alternative actions might be available that would avoid or reduce the conversion;

(f) The department is the state agency primarily responsible for the implementation of the state's policies regarding the protection of resource lands under the growth management act, including agricultural lands; and

(g) The department and other state agencies should take steps to assure that the actions of state government do not cause Washington farmland to be irreversibly converted to nonagricultural uses in cases in which other state interests do not override the importance of the protection of farmland nor otherwise outweigh the benefits of maintaining farmland resources.

(2) It is the purpose of this chapter to minimize the extent to which state programs contribute to the unnecessary and irreversible conversion of farmland to nonagricultural uses, and to assure that state programs are administered in a manner that, to the extent practicable, will be compatible with local government, and private programs and policies to protect farmland.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter, unless the context clearly requires otherwise.

(1) "Farmland" includes all land defined as follows:

(a)(i) "Prime farmland" means land that has the best combination of physical and chemical characteristics for producing food, feed, fiber, forage, oilseed, and other agricultural crops with minimum inputs of fuel, fertilizer, pesticides, and labor, and without intolerable soil erosion, as determined by the director.

(ii) "Prime farmland" includes land that possesses the characteristics under (a)(i) of this subsection, but is being used currently to produce livestock and timber.

(iii) "Prime farmland" does not include land already in or committed to urban development or water storage;

(b) "Unique farmland" means land other than prime farmland that is used for production of specific high‑value food and fiber crops, as determined by the director. It has the special combination of soil quality, location, growing season, and moisture supply needed to economically produce sustained high quality or high yields of specific crops when treated and managed according to acceptable farming methods. Examples of these crops include citrus, tree nuts, olives, cranberries, fruits, and vegetables; and

(c) "Farmland" means land, other than prime or unique farmland, that is of state-wide or local importance for the production of food, feed, fiber, forage, or oilseed crops, as determined by the appropriate state agency or unit of local government, and that the director determines should be considered as farmland for the purposes of this chapter.

(2) "Local government" means the governing body of a county or city.

(3) "State program" means those activities or responsibilities of a department, agency, independent commission, or other unit of state government that involve (a) approving, undertaking, financing, or assisting construction or improvement projects; or (b) acquiring, managing, or disposing of state lands and facilities. "State program" does not include construction or improvement projects that on the effective date of this section are beyond the planning stage and are in either the active design or construction stage.

(4) "Department" means the department of community, trade, and economic development.

(5) "Director" means the director of the department of community, trade, and economic development.

NEW SECTION. Sec. 3. (1) The department, in cooperation with other state agencies having expertise on farmland programs, shall develop criteria for identifying the effects of state programs on the conversion of farmland to nonagricultural uses.

(2) State agencies shall use the criteria to identify and take into account the adverse effects of state programs on the preservation of farmland; to consider alternative actions, as appropriate, that could lessen such adverse effects; and to assure that state programs, to the extent practicable, are compatible with state and local government programs and policies to protect farmland.

NEW SECTION. Sec. 4. (1) Each state agency, with the assistance of the department, shall review current provisions of law, administrative rules, and applicable policies and procedures to determine whether any provision will prevent it from taking appropriate action to comply fully with this chapter.

(2) Each state agency, with the assistance of the department, shall, as appropriate, develop proposals for action to bring its programs, authorities, and administrative activities into conformity with the purpose and policy of this chapter.

NEW SECTION. Sec. 5. (1) The director is authorized to provide technical assistance to units of local government, nonprofit organizations, and farmland owners, that desire to develop programs or policies to limit the conversion of productive farmland to nonagricultural uses.

(2) The director, in cooperation with the state conservation commission, is authorized to design and implement educational programs and materials emphasizing the importance of productive farmland to Washington's well‑being and distribute educational materials.

NEW SECTION. Sec. 6. Annually, beginning January 1, 1999, the director shall report to the appropriate standing committees of the senate and the house of representatives on the progress made in implementing this chapter. The report shall include information on:

(1) The effects, if any, of state programs, authorities, and administrative activities with respect to the protection of Washington farmland; and

(2) The results of the reviews of existing policies and procedures required under section 3 of this act.

NEW SECTION. Sec. 7. Sections 1 through 6 of this act constitute a new chapter in Title 89 RCW.