SSB 5108 -
By Committee on Agriculture & Natural Resources
ADOPTED AND ENGROSSED 04/10/2007
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1
In Washington state, the population is growing by over one million
people every decade with much of this growth occurring in western
Washington. This growth is increasing the competition for land not
only for housing, but also associated retail, commercial, industrial,
and leisure industries.
The legislature finds that many once-productive agricultural areas
in western Washington have been overtaken and irreversibly converted to
nonagricultural uses. Other agricultural areas in the state have
diminished to the point that they are dangerously close to losing the
land mass necessary to be economically viable. Further, only a limited
number of areas in western Washington still retain a sufficient
agricultural land base and the necessary agricultural infrastructure to
continue to be economically viable both in the short term and the long
term.
The legislature recognizes that because this significant decline
has largely occurred in less than a half century, it is imperative that
mechanisms be established at the state level to focus attention, take
the action needed to retain agricultural land, and ensure the
opportunity for future generations to farm these lands.
The legislature finds that history shows that previous advanced
civilizations in the world were founded on highly productive
agricultural lands and food production systems but when the land or its
productivity was lost, the civilizations declined. In contrast, other
civilizations have existed for millennia because they maintained their
agricultural land base, its productivity, and economic conditions
sufficient to maintain stewardship of their land.
The legislature finds that there is a finite quantity of high
quality agricultural land and that often this agricultural land is
mistakenly viewed as an expendable resource. The legislature finds
that the retention of agricultural land is desirable, not only to
produce food, livestock, and other agricultural products, but also to
maintain our state economy and preferable environmental conditions.
For these reasons, and because it is essential that agricultural
production be sufficient to meet the needs of our growing population,
commitment to the retention of agricultural land should be reflected at
the state policy level by the creation of an office of farmland
preservation to support the retention of farmland and the viability of
farming for future generations.
NEW SECTION. Sec. 2
(2) Staff support for the office shall be provided by the state
conservation commission.
(3) The office of farmland preservation may:
(a) Provide advice and assist the state conservation commission in
implementing the provisions of RCW 89.08.530 and 89.08.540, including
the merits of leasing or purchasing easements for fixed terms in
addition to purchasing easements in perpetuity;
(b) Develop recommendations for the funding level and for the use
of the agricultural conservation easements account established in RCW
89.08.540 with the guidance of the farmland preservation task force
established under section 3 of this act;
(c) With input from the task force created in section 3 of this
act, provide an analysis of the major factors that have led to past
declines in the amount and use of agricultural lands in Washington and
of the factors that will likely affect retention and economic viability
of these lands into the future including, but not limited to, pressures
to convert land to nonagricultural uses, loss of processing plants and
markets, loss of profitability, productivity, and competitive
advantage, urban sprawl, water availability and quality, restrictions
on agricultural land use, and conversion to recreational or other uses;
(d) Develop model programs and tools, including innovative economic
incentives for landowners, to retain agricultural land for agricultural
production, with the guidance from the farmland preservation task force
created under section 3 of this act;
(e) Provide technical assistance to localities as they develop and
implement programs, mechanisms, and tools to encourage the retention of
agricultural lands;
(f) Develop a grant process and an eligibility certification
process for localities to receive grants for local programs and tools
to retain agricultural lands for agricultural production;
(g) Provide analysis and recommendations as to the continued
development and implementation of the farm transition program
including, but not limited to, recommending:
(i) Assistance in the preparation of business plans for the
transition of business interests;
(ii) Assistance in the facilitation of transfers of existing
properties and agricultural operations to interested buyers; and
(iii) Research assistance on agricultural, financial, marketing,
and other related transition matters;
(h) Begin the development of a farm transition program to assist in
the transition of farmland and related businesses from one generation
to the next, aligning the farm transition program closely with the
farmland preservation effort to assure complementary functions; and
(i) Serve as a clearinghouse for incentive programs that would
consolidate and disseminate information relating to conservation
programs that are accessible to landowners and assist owners of
agricultural lands to secure financial assistance to implement
conservation easements and other projects.
NEW SECTION. Sec. 3
(a) Six farmer representatives, one from each of six regions
delineated by the state conservation commission at least one of whom is
a commercial livestock producer, of which at least two representatives
shall be under the age of forty-five, appointed by the governor from
persons nominated by recognized agricultural organizations;
(b) A representative of the state conservation commission,
appointed by the chair of the state conservation commission;
(c) A representative of the department of agriculture, appointed by
the director;
(d) A representative of counties in eastern Washington, appointed
by the Washington state association of counties;
(e) A representative of counties in western Washington, appointed
by the Washington state association of counties;
(f) Two members of the senate, one from each major political
caucus, appointed by the president of the senate;
(g) Two members of the house of representatives, one from each
major political caucus, appointed by the speaker of the house of
representatives;
(h) A representative of the office of the governor, appointed by
the governor; and
(i) A representative of conservation districts, appointed by the
state association of conservation districts.
(2) The following persons shall be requested to participate as
nonvoting members of the farmland preservation task force:
(a) A representative of the federal natural resources conservation
service with knowledge of federal agricultural land retention programs
and funding sources, appointed by the state conservationist; and
(b) A person with technical expertise from the department of
community, trade, and economic development, appointed by the agency's
director.
(3) The task force shall meet at least twice a year. The task
force shall be staffed by the state conservation commission. The chair
of the task force shall be elected for a term of one year by the voting
members of the task force.
(4) Nonlegislative members of the task force are entitled to be
reimbursed for travel expenses in accordance with RCW 43.03.050 and
43.03.060 by the state conservation commission. Legislative members of
the task force are entitled to be reimbursed for travel expenses in
accordance with RCW 44.04.120.
(5) This section expires January 1, 2011.
Sec. 4 RCW 89.08.530 and 2002 c 280 s 2 are each amended to read
as follows:
(1) The agricultural conservation easements program is created.
The state conservation commission shall manage the program and adopt
rules as necessary to implement the legislature's intent.
(2) The commission shall report to the legislature on an on-going
basis regarding potential funding sources for the purchase of
agricultural conservation easements under the program and recommend
changes to existing funding authorized by the legislature.
(3) All funding for the program shall be deposited into the
agricultural conservation easements account created in RCW 89.08.540.
Expenditures from the account shall be made to local governments and
private nonprofits on a match or no match required basis at the
discretion of the commission. Moneys in the account may be used to
purchase easements in perpetuity or to purchase or lease easements for
a fixed term.
(4) Easements purchased with money from the agricultural
conservation easements account run with the land.
Sec. 5 RCW 89.08.540 and 2002 c 280 s 3 are each amended to read
as follows:
(1) The agricultural conservation easements account is created in
the custody of the state treasurer. All receipts from legislative
appropriations, other sources as directed by the legislature, and
gifts, grants, or endowments from public or private sources must be
deposited into the account. Expenditures from the account may be used
only for the purchase of easements in perpetuity or for the purchase or
lease of easements for a fixed term under the agricultural conservation
easements program. Only the state conservation commission, or the
executive director of the commission on the commission's behalf, may
authorize expenditures from the account. The account is subject to
allotment procedures under chapter 43.88 RCW, but an appropriation is
not required for expenditures.
(2) The commission is authorized to receive and expend gifts,
grants, or endowments from public or private sources that are made
available, in trust or otherwise, for the use and benefit of the
agricultural conservation easements program.
NEW SECTION. Sec. 6 A new section is added to chapter 90.84 RCW
to read as follows:
Agricultural land shall not be acquired by a governmental entity
for wetland mitigation purposes through eminent domain.
NEW SECTION. Sec. 7 Section 6 of 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.
NEW SECTION. Sec. 8 CAPTIONS NOT LAW. Captions used in this act
are not any part of the law.
NEW SECTION. Sec. 9 Sections 1 through 3 and 8 of this act
constitute a new chapter in Title
Correct the title.