BILL REQ. #:  H-1467.1 

Read first time 02/01/2007.   Referred to Committee on Select Committee on Environmental Health.

     AN ACT Relating to a pesticide use reporting system to protect human health and the environment; adding a new chapter to Title 15 RCW; and prescribing penalties.

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

NEW SECTION.  Sec. 1   The legislature finds that pesticide use reporting is crucial for the protection of human health and safety and to protect Washington's water and environment. The legislature further finds that the development of a comprehensive, reliable, and cost-effective system for collecting and organizing information on all categories of pesticide use in Washington 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 is valuable when used for conducting detailed studies of human exposure to pesticides, environmental monitoring, and the relationship to human health.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Department" means the department of agriculture.
     (2) "Pesticide" has the same meaning as defined in RCW 70.104.020.
     (3) "Pesticide user" means any person who uses or applies a pesticide in the course of business or any other for-profit enterprise, or for a governmental entity, or in a location that is intended for public use or access.
     (4) "Retail pesticide user" means a person who sells, offers for sale, handles, displays, or distributes any pesticide but who is not licensed under RCW 15.58.180.

NEW SECTION.  Sec. 3   The department shall establish and implement a pesticide use reporting system. In establishing and implementing the system, the department shall:
     (1) Design, develop, and implement the system in order to collect, evaluate, summarize, retain, and report information on the use of pesticides in each major category of use in Washington, including agriculture, forestry, industrial, urban commercial, and urban homeowner uses;
     (2) Collect the best data practicable at least once per year from each major category of pesticide use in a manner that reduces paperwork and reporting costs;
     (3) Require all pesticide users to report basic information on their use of pesticides that includes:
     (a) The location of use. For pesticide use within an urban area, as defined by the department by rule, the pesticide user shall report the location of use by identifying the five-digit zip code for the location. For pesticide use that is not within the urban area, the pesticide user shall report the location of use by identifying the five-digit zip code for the location or by use of other identification as defined by the department by rule;
     (b) The name and United States environmental protection agency registration number for the pesticide product used;
     (c) The quantity of pesticide product applied;
     (d) The purpose of and type of site of the application; and
     (e) The month of the application;
     (4) Develop a mechanism to ensure the accuracy, reliability, and validity of the database by providing for an independent review of the pesticide use data and collection procedures by data quality assurance specialists; and
     (5) Develop a specific mechanism to identify household and other urban uses of pesticides. If this mechanism involves sales reporting by retail pesticide dealers, the department shall develop a minimum monthly sales quantity below which the retail pesticide dealer is exempt from reporting.

NEW SECTION.  Sec. 4   In carrying out its responsibilities under this chapter, the department shall seek technical assistance as appropriate from at least the following entities:
     (1) The commission on pesticide registration;
     (2) The department of ecology;
     (3) The department of fish and wildlife;
     (4) The department of general administration;
     (5) The department of health;
     (6) The department of labor and industries; and
     (7) The department of natural resources.

NEW SECTION.  Sec. 5   (1) In implementing the pesticide use reporting system, the department shall publish an annual report summarizing the pesticide use data reported to the department under section 3 of this act. The report shall include:
     (a) An analysis of trends in pesticide use;
     (b) An assessment of the accuracy of the pesticide use reporting data; and
     (c) Pesticide use information summarized by zip code or other identification method as described in section 3(3)(a) of this act.
     (2) The department shall adopt rules relating to the release of pesticide use information. The rules must 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 reporting system.
     (4) The department shall adopt rules imposing civil penalties for failure to transmit information as required by subsection (3) of this section.

NEW SECTION.  Sec. 6   Sections 1 through 5 of this act constitute a new chapter in Title 15 RCW.