BILL REQ. #:  S-4421.2 

Read first time 02/03/2004.   Referred to Committee on Natural Resources, Energy & Water.

     AN ACT Relating to creating a public lands advisory commission for noxious weed management; and adding new sections to chapter 17.10 RCW.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that noxious plant species cause economic hardship to Washington's public, private, and tribal landowners, damage native ecosystems, and deprive wildlife of food sources and habitat. The legislature further finds that effective action in controlling noxious weeds has been hampered by inadequate agency coordination and ineffective noxious weed management. The legislature further finds that prevention is much cheaper than control and that prevention and control of noxious weed infestations can best be accomplished when weed managers, land managers, and the public engage in collaborative efforts.
     (2) The legislature therefore declares that Washington must establish an early detection and rapid response system for noxious weeds and develop a state agency action plan to strengthen statewide coordination of weed management activities to be carried out at the local level. Further, the goal of this act is to encourage state agencies and private landowners to work together to alleviate the economic and habitat losses that noxious weeds are causing statewide.

NEW SECTION.  Sec. 2   (1) Each state agency whose actions may affect the status of noxious weeds must, to the extent permitted by law and consistent with the public lands noxious weed management plan:
     (a) Identify such actions; and
     (b) Use relevant programs and authorities to: (i) Prevent the introduction of noxious weeds; (ii) detect and respond rapidly to and control populations of such species in a cost-effective manner; (iii) monitor noxious weed populations accurately and reliably; (iv) provide for restoration of native species and habitat conditions in areas that have been invaded; (v) develop strategies to prevent introduction and provide for control of noxious weeds; and (vi) promote public education on noxious weeds and the means to address them.
     (2) For the purposes of this section, "control" means as appropriate, eradicating, suppressing, reducing, or managing noxious weed populations, preventing spread of noxious weeds from areas where they are present, and taking steps such as restoration of native species and habitats to reduce the effects of noxious weeds and to prevent further invasions.

NEW SECTION.  Sec. 3   (1) A public lands advisory commission for noxious weed management is established. Commission members must include a representative from the department of agriculture, the department of ecology, the department of fish and wildlife, the department of natural resources, the department of transportation, the conservation commission, the parks and recreation commission, a county weed board representative, and a weed district representative. The commission must be chaired by the representative of the department of agriculture. The commission may invite a tribal representative and additional state and federal agency representatives to be members, including representatives from state and federal bureaus or offices with significant responsibilities concerning noxious weeds, and may prescribe special procedures for their participation. The department of agriculture's representative must appoint an executive director of the commission and must provide the staff and administrative support for the commission.
     (2) The commission chair and cochairs, if any, must establish an advisory committee to provide information and advice for consideration by the commission, and must, after consultation with other members of the commission, appoint members of the advisory committee representing stakeholders. Among other things, the advisory committee must recommend plans and actions at local, tribal, state, and regional levels to achieve the goals and objectives of the public lands noxious weed management plan in section 5 of this act. The advisory committee must act in cooperation with stakeholders and existing organizations addressing noxious weeds. The department of agriculture must provide the administrative support for the advisory committee.
     (3) For the purposes of this section, "stakeholders" means, but is not limited to, state, tribal, and local government agencies, academic institutions, the scientific community, nongovernmental entities including environmental, agricultural, and conservation organizations, trade groups, commercial interests, and private landowners.

NEW SECTION.  Sec. 4   The commission must provide statewide leadership regarding noxious weed management, and must:
     (1) Oversee the implementation of this act and see that the state agency activities concerning noxious weeds are coordinated, complementary, cost-efficient, and effective, relying to the extent feasible and appropriate on existing organizations addressing noxious weeds, such as the department of agriculture, the department of natural resources, state and county weed control boards, and weed districts;
     (2) Encourage planning and action at local, tribal, state, and regional levels to achieve the goals and objectives of the management plan under section 5 of this act, in cooperation with stakeholders and existing organizations addressing noxious weeds;
     (3) Develop, in consultation with the advisory committee, guidance to state agencies on prevention and control of noxious weeds, including the procurement, use, and maintenance of native species as they affect noxious weeds;
     (4) Facilitate development of a coordinated network among state agencies to document, evaluate, and monitor impacts from noxious weeds;
     (5) Facilitate establishment of a coordinated, up-to-date information-sharing system that uses the internet, to the greatest extent practicable. This system shall facilitate access to and exchange of information concerning noxious weeds, including, but not limited to: Information on distribution and abundance of noxious weeds; life histories of such weeds and noxious characteristics; economic, environmental, and human health impacts; management techniques; and laws and programs for management, research, and public education; and
     (6) Prepare and issue a public lands noxious weed management plan as set forth in section 5 of this act.

NEW SECTION.  Sec. 5   (1) Within twenty-four months after the effective date of this act, the commission shall prepare and issue the first edition of a public lands noxious weed management plan, which must detail and recommend performance-oriented goals and objectives and specific measures of success for state agency efforts concerning noxious weeds. The plan shall recommend specific objectives and measures for carrying out each of the state agency duties established in section 2(1) of this act and must set forth steps to be taken by the commission to carry out the duties assigned to it under section 4 of this act. The plan shall be developed in consultation with state agencies and stakeholders.
     (2) The first edition of the public lands noxious weed management plan shall include a review of existing and prospective approaches and authorities for preventing the introduction and spread of noxious weeds, including those for identifying pathways by which noxious weeds are introduced and for minimizing the risk of introductions via those pathways, and shall identify research needs and recommend measures to minimize the risk that introductions will occur. Such recommended measures shall provide for a science-based process to evaluate risks associated with the introduction and spread of noxious weeds and a coordinated and systematic risk-based process to identify, monitor, and interdict pathways that may be involved in the introduction of noxious weeds. If recommended measures are not authorized by current law, the commission must develop and recommend to the legislature through its chair, in bill form, legislative proposals for necessary changes in authority.
     (3) The commission must update the public lands noxious weed management plan biennially and shall concurrently evaluate and report on success in achieving the goals and objectives set forth in the plan. The plan must identify the personnel, other resources, and additional levels of coordination needed to achieve the plan's identified goals and objectives, and the commission must provide each edition of the plan and each report on it to the appropriate legislative committees. Within twenty-four months after measures have been recommended by the commission in any edition of the plan, each state agency whose action is required to implement such measures must either take the action recommended or must provide the commission with an explanation of why the action is not feasible.
     (4) The commission must assess the effectiveness of this act no less than once every five years after the effective date of this act and report its results to the appropriate legislative committees.
     (5) The commission must report to the appropriate legislative committees biannually as to the commission's budget, its progress in meeting its stated goals and objectives, and any concerns or requests of the commission.

NEW SECTION.  Sec. 6   (1) This act is intended only to improve the internal management of the executive branch and is not intended to create any right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity by a party against the state, its agencies, its officers, or any other person.
     (2) The requirements of this act do not affect the obligations of state agencies under chapter 77.115 RCW with respect to aquaculture disease control.

NEW SECTION.  Sec. 7   Sections 1 through 6 of this act are each added to chapter 17.10 RCW.