S‑1635.5   _____________________________________________

 

SUBSTITUTE SENATE BILL 5425

 

           _____________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By Senate Committee on Environment, Energy & Water (originally sponsored by Senators Kohl‑Welles, Jacobsen and Fraser)

 

READ FIRST TIME 03/05/01. 

_1      AN ACT Relating to aerial application of pesticides to control

_2  plant pests; amending RCW 17.24.007, 15.58.065, 17.24.171, and

_3  43.06.010; adding new sections to chapter 17.24 RCW; and adding a

_4  new section to chapter 15.58 RCW.

     

_5  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     

_6      NEW SECTION.  Sec. 1.  A new section is added to chapter 17.24

_7  RCW to read as follows:

_8      The legislature finds that controlling and eradicating pests in

_9  urban areas is a matter of statewide interest, including both to

10  the residents of urban areas in which pests are detected and to

11  the agricultural and other sectors of the state's economy that may

12  be affected by the spread of pests.  Therefore all segments of the

13  interested public should have ample opportunity to be informed of

14  and to participate meaningfully in governmental programs for pest

15  detection, assessment of infestation threat, development of

16  alternatives to address the threat, and implementation of chosen

17  alternatives.  Such information, notification, and participation are

18  important in ensuring the effectiveness of the program while

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_1  ensuring protection of public health and the public's trust and

_2  confidence that the chosen alternatives will be effective while

_3  posing the least risk to public health and the environment.  Because

_4  the aerial application of pesticides in densely populated urban

_5  residential areas may expose a greater population, it is the

_6  purpose of this act to direct the appropriate state and local

_7  agencies to implement enhanced standards for public information,

_8  notification, and participation in pest control activities

_9  involving such aerial application of pesticides.

     

10      Sec. 2.  RCW 17.24.007 and 2000 c 100 s 6 are each amended to read

11  as follows:

12      Unless the context clearly requires otherwise, the definitions

13  in this section apply throughout this chapter.

14      (1) "Department" means the state department of agriculture.

15      (2) "Director" means the director of the state department of

16  agriculture or the director's designee.

17      (3) "Quarantine" means a rule issued by the department that

18  prohibits or regulates the movement of articles, bees, plants, or

19  plant products from designated quarantine areas within or outside

20  the state to prevent the spread of disease, plant pathogens, or

21  pests to nonquarantine areas.

22      (4) "Plant pest" means a living stage of an insect, mite,

23  nematode, slug, snail, or protozoa, or other invertebrate animal,

24  bacteria, fungus, or parasitic plant, or their reproductive parts,

25  or viruses, or an organism similar to or allied with any of the

26  foregoing plant pests, including a genetically engineered

27  organism, or an infectious substance that can directly or

28  indirectly injure or cause disease or damage in plants or parts of

29  plants or in processed, manufactured, or other products of plants.

30      (5) "Plants and plant products" means trees, shrubs, vines,

31  forage, and cereal plants, and all other plants and plant parts,

32  including cuttings, grafts, scions, buds, fruit, vegetables,

33  roots, bulbs, seeds, wood, lumber, and all products made from the

34  plants and plant products.

35      (6) "Certificate" or "certificate of inspection" means an

36  official document certifying compliance with the requirements of

37  this chapter.  The term "certificate" includes labels, rubber stamp

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_1  imprints, tags, permits, written statements, or a form of

_2  inspection and certification document that accompanies the

_3  movement of inspected and certified plant material and plant

_4  products, or bees, bee hives, or beekeeping equipment.

_5      (7) "Compliance agreement" means a written agreement between

_6  the department and a person engaged in growing, handling, or

_7  moving articles, plants, plant products, or bees, bee hives, or

_8  beekeeping equipment regulated under this chapter, in which the

_9  person agrees to comply with stipulated requirements.

10      (8) "Distribution" means the movement of a regulated article

11  from the property where it is grown or kept, to property that is

12  not contiguous to the property, regardless of the ownership of the

13  properties.

14      (9) "Genetically engineered organism" means an organism altered

15  or produced through genetic modification from a donor, vector, or

16  recipient organism using recombinant DNA techniques, excluding

17  those organisms covered by the food, drug and cosmetic act (21

18  U.S.C. Secs. 301‑392).

19      (10) "Person" means a natural person, individual, firm,

20  partnership, corporation, company, society, or association, and

21  every officer, agent, or employee of any of these entities.

22      (11) "Sell" means to sell, to hold for sale, offer for sale,

23  handle, or to use as inducement for the sale of another article or

24  product.

25      (12) "Noxious weed" means a living stage, including, but not

26  limited to, seeds and reproductive parts, of a parasitic or other

27  plant of a kind that presents a threat to Washington agriculture

28  or environment.

29      (13) "Regulated article" means a plant or plant product, bees

30  or beekeeping equipment, noxious weed or other articles or

31  equipment capable of harboring or transporting plant or bee pests

32  or noxious weeds that is specifically addressed in rules or

33  quarantines adopted under this chapter.

34      (14) "Owner" means the person having legal ownership,

35  possession, or control over a regulated article covered by this

36  chapter including, but not limited to, the owner, shipper,

37  consignee, or their agent.

38      (15) "Nuisance" means a plant, or plant part, apiary, or

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_1  property found in a commercial area on which is found a pest,

_2  pathogen, or disease that is a source of infestation to other

_3  properties.

_4      (16) "Bees" means adult insects, eggs, larvae, pupae, or other

_5  immature stages of the species Apis mellifera.

_6      (17) "Bee pests" means a mite, other parasite, or disease that

_7  causes injury to bees and those honey bees generally recognized to

_8  have undesirable behavioral characteristics such as or as found in

_9  Africanized honey bees.

10      (18) "Biological control" means the use by humans of living

11  organisms to control or suppress undesirable animals and plants;

12  the action of parasites, predators, or pathogens on a host or prey

13  population to produce a lower general equilibrium than would

14  prevail in the absence of these agents.

15      (19) "Biological control agent" means a parasite, predator, or

16  pathogen intentionally released, by humans, into a target host or

17  prey population with the intent of causing population reduction of

18  that host or prey.

19      (20) "Emergency" means a situation where there is an imminent

20  danger of an infestation of plant pests or disease that seriously

21  threatens the state's agricultural or horticultural industries or

22  environment and that cannot be adequately addressed with normal

23  procedures or existing resources.

24      (21) "Large urban residential area" means that area lying

25  within the incorporated boundaries of a city with a population of

26  greater than one hundred thousand and the urban growth area

27  contiguous to the city, and in which residential uses are a

28  permitted or a conditional use.

     

29      Sec. 3.  RCW 15.58.065 and 1989 c 380 s 5 are each amended to read

30  as follows:

31      (1) In submitting data required by this chapter, the applicant

32  may:

33      (a) Mark clearly any portions which in the applicant's opinion

34  are trade secrets or commercial or financial information; and

35      (b) Submit such marked material separately from other material

36  required to be submitted under this chapter.

37      (2) Except under section 4 of this act and notwithstanding any

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_1  other provision of this chapter or other law, the director shall

_2  not make public information which in the director's judgment

_3  should be privileged or confidential because it contains or

_4  relates to trade secrets or commercial or financial information

_5  except that, when necessary to carry out the provisions of this

_6  chapter, information relating to unpublished formulas of products

_7  acquired by authorization of this chapter may be revealed to any

_8  state or federal agency consulted and may be revealed at a public

_9  hearing or in findings of fact issued by the director when

10  necessary under this chapter.

11      (3) Except under section 4 of this act, if the director

12  proposes to release for inspection information which the applicant

13  or registrant believes to be protected from disclosure under

14  subsection (2) of this section, the director shall notify the

15  applicant or registrant in writing, by certified mail.  The director

16  shall not thereafter make available for inspection such data until

17  thirty days after receipt of the notice by the applicant or

18  registrant.  During this period, the applicant or registrant may

19  institute an action in the superior court of Thurston county for a

20  declaratory judgment as to whether such information is subject to

21  protection under subsection (2) of this section.

     

22      NEW SECTION.  Sec. 4.  A new section is added to chapter 15.58

23  RCW, to be codified between RCW 15.58.065 and 15.58.070, to read

24  as follows:

25      (1) When the director proposes to control a pest through the

26  aerial application of pesticides within a large urban residential

27  area as defined in RCW 17.24.007, the director shall consult with

28  appropriate public university personnel and federal, state, and

29  local health agencies concerning unpublished formulas of products

30  acquired by authorization of this chapter for the purpose of

31  obtaining an independent assessment of the possible human health

32  risks associated with the proposed use.

33      (2) The director shall reveal to consulted individuals the

34  confidential statement of formula for the purpose of assessing the

35  possible human health risks associated with the proposed pesticide

36  use by the department.

37      (3) Consulted individuals shall consider the confidential

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_1  statement of formula, the proposed pesticide use, the impact on

_2  affected populations, and any other considerations that may bear

_3  on public health in making an assessment of the possible human

_4  health risks.

_5      (4) The director shall make any independent assessment

_6  available to the public except that the names, chemical abstract

_7  service numbers, or other identifying characteristics or

_8  percentages of inert ingredients in a pesticide, and any other

_9  information marked as confidential by the registrant, shall not be

10  disclosed.  Additionally, any information or documents used in

11  preparation of an independent assessment that pertain to the

12  confidential statement of formula and any protected trade secret

13  information shall not be disclosed to the public by any person.

14      (5) This section shall be in addition to and shall not limit

15  the authority of the director under any other provision of law to

16  release to the public information relating to pesticide formula,

17  ingredients, or other information.

     

18      NEW SECTION.  Sec. 5.  A new section is added to chapter 17.24

19  RCW to read as follows:

20      When surveys and other measures, including necessary laboratory

21  confirmation of species type, detect the presence within a large

22  urban residential area of a pest in such numbers that the aerial

23  application of pesticides may be considered as a measure to

24  control or eradicate the pest, the director shall provide public

25  notice of the survey results.  The director shall choose from a

26  variety of methods reasonably calculated to provide notice to the

27  public, including, at a minimum, notifying public and private

28  groups with a known interest in the type of proposal being

29  considered.  The notice shall describe the procedures used to

30  evaluate the magnitude of the risk of infestation and the

31  alternatives for control or eradication measures if such measures

32  are determined necessary.  The director shall hold a public meeting

33  within the area to provide information and to receive comments

34  from the public on the survey results, extent of risk of

35  infestation, the need for control or eradication measures, and

36  recommendations for preferred measures.  The director shall accept

37  and consider such comments for a period of thirty days from the

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_1  date the notice is provided, or a lesser period as the director

_2  determines if immediate action is required to implement

_3  eradication measures.

     

_4      Sec. 6.  RCW 17.24.171 and 1991 c 257 s 21 are each amended to read

_5  as follows:

_6      (1) If the director determines that there exists an imminent

_7  danger of an infestation of plant pests or plant diseases that

_8  seriously endangers the agricultural or horticultural industries

_9  of the state, or that seriously threatens life, health, or

10  economic well-being, the director shall request the governor to

11  order emergency measures to control the pests or plant diseases

12  under RCW 43.06.010(((14))) (13).  The director's findings shall

13  contain an evaluation of the affect of the emergency measures on

14  public health.  When the requested measures include the aerial

15  application of pesticides in a large urban residential area, the

16  findings shall also include a summary of the information relied

17  upon in determining the extent of the danger, the alternative

18  control measures considered and the recommended measures, and,

19  when applicable, the director's response to the public comments

20  received upon the notice under section 5 of this act.

21      (2) If an emergency is declared pursuant to RCW

22  43.06.010(((14))) (13), the director may appoint a committee to

23  advise the governor through the director and to review emergency

24  measures necessary under the authority of RCW 43.06.010(((14)))

25  (13) and this section and make subsequent recommendations to the

26  governor.  The committee shall include representatives of the

27  agricultural and silvicultural industries, state and local

28  government, public health interests, technical service providers,

29  and environmental organizations.  When the director proposes as an

30  emergency measure the aerial application of pesticides in a large

31  urban residential area, the director shall appoint such a

32  committee to provide advice to the governor.  The committee shall

33  also include representatives of the local health jurisdiction as

34  well as the city or county government for the area, and

35  organizations representing residents of the area.  The committee

36  formed as required before an emergency aerial application of

37  pesticides shall undertake such review expeditiously and provide

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_1  such information and recommendations within the time that the

_2  governor directs.

_3      (3) Upon the order of the governor of the use of emergency

_4  measures, the director is authorized to implement the emergency

_5  measures to prevent, control, or eradicate plant pests or plant

_6  diseases that are the subject of the emergency order.  Such

_7  measures, after thorough evaluation of all other alternatives, may

_8  include the aerial application of pesticides.

_9      (4) Upon the order of the governor of the use of emergency

10  measures, the director is authorized to enter into agreements with

11  individuals or companies, or both, to accomplish the prevention,

12  control, or eradication of plant pests or plant diseases,

13  notwithstanding the provisions of chapter 15.58 or 17.21 RCW, or

14  any other statute.  The director shall adopt procedures for

15  notifying the community in the application area before each aerial

16  application of pesticides in a large urban residential area.  The

17  procedures shall include notifying individuals who have requested

18  individual notice, and include notice to major employers and

19  institutional facilities, including but not limited to schools,

20  child care facilities, senior residential and day care facilities,

21  health care facilities, and community centers.

22      (5) The director shall continually evaluate the emergency

23  measures taken and report to the governor at intervals of not less

24  than ten days.  When the emergency measures taken include the aerial

25  application of pesticides in a large urban residential area, the

26  local health jurisdiction, with support from the department of

27  health, shall monitor public health effects following the

28  implementation of the measures in such areas.

29      (6) The director shall immediately advise the governor if he or

30  she finds that the emergency no longer exists or if certain

31  emergency measures should be discontinued.

     

32      Sec. 7.  RCW 43.06.010 and 1994 c 223 s 3 are each amended to read

33  as follows:

34      In addition to those prescribed by the Constitution, the

35  governor may exercise the powers and perform the duties prescribed

36  in this and the following sections:

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_1      (1) The governor shall supervise the conduct of all executive

_2  and ministerial offices;

_3      (2) The governor shall see that all offices are filled,

_4  including as provided in RCW 42.12.070, and the duties thereof

_5  performed, or in default thereof, apply such remedy as the law

_6  allows; and if the remedy is imperfect, acquaint the legislature

_7  therewith at its next session;

_8      (3) The governor shall make the appointments and supply the

_9  vacancies mentioned in this title;

10      (4) The governor is the sole official organ of communication

11  between the government of this state and the government of any

12  other state or territory, or of the United States;

13      (5) Whenever any suit or legal proceeding is pending against

14  this state, or which may affect the title of this state to any

15  property, or which may result in any claim against the state, the

16  governor may direct the attorney general to appear on behalf of

17  the state, and report the same to the governor, or to any grand

18  jury designated by the governor, or to the legislature when next

19  in session;

20      (6) The governor may require the attorney general or any

21  prosecuting attorney to inquire into the affairs or management of

22  any corporation existing under the laws of this state, or doing

23  business in this state, and report the same to the governor, or to

24  any grand jury designated by the governor, or to the legislature

25  when next in session;

26      (7) The governor may require the attorney general to aid any

27  prosecuting attorney in the discharge of the prosecutor's duties;

28      (8) The governor may offer rewards, not exceeding one thousand

29  dollars in each case, payable out of the state treasury, for

30  information leading to the apprehension of any person convicted of

31  a felony who has escaped from a state correctional institution or

32  for information leading to the arrest of any person who has

33  committed or is charged with the commission of a felony;

34      (9) The governor shall perform such duties respecting fugitives

35  from justice as are prescribed by law;

36      (10) The governor shall issue and transmit election

37  proclamations as prescribed by law;

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_1      (11) The governor may require any officer or board to make,

_2  upon demand, special reports to the governor, in writing;

_3      (12) The governor may, after finding that a public disorder,

_4  disaster, energy emergency, or riot exists within this state or

_5  any part thereof which affects life, health, property, or the

_6  public peace, proclaim a state of emergency in the area affected,

_7  and the powers granted the governor during a state of emergency

_8  shall be effective only within the area described in the

_9  proclamation;

10      (13) The governor may, after finding that there exists within

11  this state an imminent danger of infestation of plant pests as

12  defined in RCW 17.24.007 or plant diseases which seriously

13  endangers the agricultural, silvicultural, or horticultural

14  industries of the state of Washington, or which seriously

15  threatens life, health, or economic well-being, order emergency

16  measures to prevent or abate the infestation or disease situation,

17  which measures, after thorough evaluation of all other

18  alternatives, may include the aerial application of pesticides.  The

19  governor shall not approve a proposed emergency measure that

20  includes the aerial application of pesticides in a large urban

21  residential area unless the governor determines that all other

22  alternatives are not feasible or likely to prevent or abate the

23  infestation or disease situation;

24      (14) On all compacts forwarded to the governor pursuant to RCW

25  9.46.360(6), the governor is authorized and empowered to execute

26  on behalf of the state compacts with federally recognized Indian

27  tribes in the state of Washington pursuant to the federal Indian

28  Gaming Regulatory Act, 25 U.S.C. Sec. 2701 et seq., for conducting

29  class III gaming, as defined in the Act, on Indian lands.

 

‑‑‑ END ‑‑‑

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