BP BHEAD INT H [atlas:bill]

AN ACT Relating to pesticide tracking; adding new sections to chapter 17.21 RCW; adding a new section to chapter 75.46 RCW; creating a new section; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that pesticide tracking is crucial for the protection of public health, water quality, and species listed as threatened or endangered in Washington. The legislature further finds that the creation of a central depository for information on pesticide spraying allows people to obtain information with a single contact regarding what pesticide was used, where it was used, and under what conditions it was used. This information will be valuable in conducting detailed studies of human exposure to pesticides, environmental monitoring, and in developing recovery strategies for salmon and other fish species in the state. It is the intent of the legislature to develop a user-friendly data system on pesticide use with the assistance of stakeholder groups that is cost-effective and provides reliable information.

NEW SECTION. Sec. 2. The department shall establish and implement a pesticide use reporting system in accordance with the requirements of this act by January 1, 2002. The system shall allow pesticide use data to be accessed on a watershed basis for each watershed resource inventory area established in chapter 173-500 WAC as it existed on January 1, 2000. Any data and reports generated from the data shall be accessible on an internet site maintained by the department, and shall also be readily accessible from the department. Pesticide use information maintained under RCW 17.21.100(1) shall be included as part of the reporting system.

NEW SECTION. Sec. 3. (1) The department shall conduct a review of any issues that must be resolved in order to establish a valid, user-friendly, cost-effective pesticide use reporting system in Washington. The department shall appoint an advisory work group representing affected interest groups, including the general public, to assist in conducting the review. The work group shall include a balanced representation from all areas of the state. The review shall be completed and copies transmitted to the appropriate legislative committees by January 1, 2001. The review shall consider and include recommendations on at least the following:

(a) Specific data to be gathered in addition to information that is required under RCW 17.21.100(1);

(b) Reporting frequency and data formats, including major categories of pesticide use;

(d) The most appropriate hydrologic or geographic unit for compiling data based on cost and usability of the data;

(e) The correlation between the point of purchase of a pesticide product and the ultimate location of the use of that pesticide;

(f) Practical methods for obtaining homeowner pesticide use data;

(g) The development of a mechanism to ensure the accuracy of the data base; and

(h) Specific funding sources to support the operation of the state-wide pesticide use reporting system.

(2) The department shall provide necessary administrative support to the work group. All meetings of the work group shall be open to the general public, and shall include an opportunity to receive testimony from members of the general public.

NEW SECTION. Sec. 4. (1) Beginning on July 1, 2003, the department shall publish an annual report summarizing pesticide use in Washington on a watershed basis. The report shall include an analysis of trends in use, and an assessment of the accuracy of the reporting data.

(2) The department shall adopt rules relating to the release of pesticide use information. The rules shall ensure that the identity of the owner or lessee of a specific property where a pesticide has been applied remains confidential, except where the release of the information is otherwise authorized by law.

(3) The department shall adopt rules regarding the transmittal of information required under RCW 17.21.100(1), and any additional information required, for inclusion into the pesticide use data base. The department shall adopt rules imposing civil penalties for failure to transmit information as required by this subsection.

NEW SECTION. Sec. 5. A new section is added to chapter 75.46 RCW to read as follows:

The independent science panel shall review available scientific literature on the impact of pesticides, as defined in RCW 17.21.020, on salmon. The independent science panel shall develop recommendations for how in-stream monitoring practices can be developed for pesticides, as well as how pesticides can be addressed in salmon recovery plans. These recommendations shall be forwarded to the salmon recovery office and the appropriate legislative committees by July 1, 2001. In reviewing the impact of pesticides upon salmon, the independent science panel shall consider, among other factors, how pesticides can affect swimming ability, schooling behavior, and migration patterns of salmon.

NEW SECTION. Sec. 6. Sections 2 through 4 of this act are each added to chapter 17.21 RCW.

NEW SECTION. Sec. 7. 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 takes effect immediately.