S-1927

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) State agencies are 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) 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.

(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. 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," 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 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) 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.

NEW SECTION. Sec. 3. State agencies shall use the assistance and information of the natural resources conservation service of the United States department of agriculture to identify and take into account the adverse effects of the agency's programs on the preservation of farmland; to consider alternative actions, as appropriate, that could lessen such adverse effects; and to assure that the agency's 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 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 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. This chapter does not authorize any unit of state government in any way to regulate the use of private or nonstate land, nor does it in any way affect the property rights of owners of such land.

NEW SECTION. Sec. 6. Sections 1 through 5 of this act constitute a new chapter in Title 89 RCW.