BILL REQ. #:  Z-0676.1 

Read first time 01/14/08.   Referred to Committee on Ways & Means.

     AN ACT Relating to pesticide registration and license fees; amending RCW 15.58.070, 15.58.180, 15.58.200, 15.58.205, 15.58.210, 15.58.220, 17.21.070, 17.21.110, 17.21.122, 17.21.126, 17.21.129, and 17.21.220; and providing an effective date.

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

Sec. 1   RCW 15.58.070 and 2002 c 274 s 3 are each amended to read as follows:
     (1) All registrations issued by the department expire December 31st of the following year except that registrations issued by the department to a registrant who is applying to register an additional pesticide during the second year of the registrant's registration period shall expire December 31st of that year.
     (2) An application for registration ((shall)) must be accompanied by a fee of ((two)) three hundred ninety dollars for each pesticide, except that a registrant who is applying to register an additional pesticide during the year the registrant's registration expires shall pay a fee of one hundred ((forty-five)) ninety-five dollars for each additional pesticide.
     (3) Fees ((shall)) must be deposited in the agricultural local fund to support the activities of the pesticide program within the department.
     (4) Any registration approved by the director and in effect on the last day of the registration period, for which a renewal application has been made and the proper fee paid, continues in full force and effect until the director notifies the applicant that the registration has been renewed, or otherwise denied in accord with the provision of RCW 15.58.110.

Sec. 2   RCW 15.58.180 and 1997 c 242 s 4 are each amended to read as follows:
     (1) Except as provided in subsections (4) and (5) of this section, it is unlawful for any person to act in the capacity of a pesticide dealer or advertise as or assume to act as a pesticide dealer without first having obtained an annual license from the director. The license ((shall)) expires on the master license expiration date. A license is required for each location or outlet located within this state from which pesticides are distributed. A manufacturer, registrant, or distributor who has no pesticide dealer outlet licensed within this state and who distributes ((such)) pesticides directly into this state ((shall)) must obtain a pesticide dealer license for his or her principal out-of-state location or outlet, but such a licensed out-of-state pesticide dealer is exempt from the pesticide dealer manager requirements.
     (2) Application for a license ((shall)) must be accompanied by a fee of ((fifty)) sixty-seven dollars and ((shall)) must be made through the master license system and ((shall)) must include the full name of the person applying for the license and the name of the individual within the state designated as the pesticide dealer manager. If the applicant is a partnership, association, corporation, or organized group of persons, the full name of each member of the firm or partnership or the names of the officers of the association or corporation ((shall)) must be given on the application. The application ((shall further)) must state the principal business address of the applicant in the state and elsewhere, the name of a person domiciled in this state authorized to receive and accept service of summons of legal notices of all kinds for the applicant, and any other necessary information prescribed by the director.
     (3) It is unlawful for any licensed dealer outlet to operate without a pesticide dealer manager who has a license of qualification. ((The department shall be notified forthwith of any change in the pesticide dealer manager designee during the licensing period.))
     (4) This section does not apply to (a) a licensed pesticide applicator who sells pesticides only as an integral part of the applicator's pesticide application service when ((such)) pesticides are dispensed only through apparatuses used for ((such)) pesticide application, or (b) any federal, state, county, or municipal agency that provides pesticides only for its own programs.
     (5) A user of a pesticide may distribute a properly labeled pesticide to another user who is legally entitled to use that pesticide without obtaining a pesticide dealer's license if the exclusive purpose of distributing the pesticide is keeping it from becoming a hazardous waste as defined in chapter 70.105 RCW.

Sec. 3   RCW 15.58.200 and 1997 c 242 s 5 are each amended to read as follows:
     The director shall require each pesticide dealer manager to demonstrate to the director knowledge of pesticide laws and rules; pesticide hazards; and the safe distribution, use and application, and disposal of pesticides by satisfactorily passing a written examination after which the director shall issue a license of qualification. Application for a license ((shall)) must be accompanied by a fee of ((twenty-five)) thirty-three dollars. The pesticide dealer manager license ((shall be an annual license expiring)) expires annually on a date set by rule by the director.

Sec. 4   RCW 15.58.205 and 2003 c 212 s 5 are each amended to read as follows:
     (1) ((Except as provided in subsection (2) of this section,)) No individual may perform services as a structural pest inspector or advertise that they perform services of a structural pest inspector without obtaining a structural pest inspector license from the director. The license expires annually on a date set by rule by the director. Application for a license must be on a form prescribed by the director and must be accompanied by a fee of ((forty-five))sixty dollars.
     (2) The following are exempt from the application fee requirement ((of subsection (1))) of this section when acting within the authorities of their existing licenses issued under this chapter ((15.58)) or chapter 17.21 RCW: Licensed pest control consultants; licensed commercial pesticide applicators and operators; licensed private-commercial applicators; and licensed demonstration and research applicators.
     (3) The following are exempt from the structural pest inspector licensing requirement: Individuals inspecting for damage caused by wood destroying organisms if the inspections are solely for the purpose of: (a) Repairing or making specific recommendations for the repair of the damage, or (b) assessing a monetary value for the structure inspected. Individuals performing wood destroying organism inspections that incorporate but are not limited to the activities described in (a) or (b) of this subsection are not exempt from the structural pest inspector licensing requirement.
     (4) ((Persons holding a valid license to act as a structural pest inspector on July 1, 2003, are exempt from this requirement until expiration of that license.
     (5))) A structural pest inspector license is not valid for conducting a complete wood destroying organism inspection unless the inspector owns or is employed by a business with a structural pest inspection company license.

Sec. 5   RCW 15.58.210 and 2003 c 212 s 4 are each amended to read as follows:
     (1) ((Except as provided in subsection (2) of this section,)) No individual may perform services as a pest control consultant without obtaining a license from the director. The license ((shall)) expires annually on a date set by rule by the director. Application for a license ((shall)) must be on a form prescribed by the director and ((shall)) must be accompanied by a fee of ((forty-five)) sixty dollars.
     (2) The following are exempt from the licensing requirements ((of subsection (1))) of this section when acting within the authorities of their existing licenses issued under chapter 17.21 RCW: Licensed commercial pesticide applicators and operators; licensed private-commercial applicators; and licensed demonstration and research applicators. The following are also exempt from the licensing requirements ((of subsection (1))) of this section: Employees of federal, state, county, or municipal agencies when acting in their official governmental capacities; and pesticide dealer managers and employees working under the direct supervision of the pesticide dealer manager and only at a licensed pesticide dealer's outlet.

Sec. 6   RCW 15.58.220 and 1997 c 242 s 7 are each amended to read as follows:
     For the purpose of this section public pest control consultant means any individual who is employed by a governmental agency or unit to act as a pest control consultant ((as defined in RCW 15.58.030(28))). No person ((shall)) may act as a public pest control consultant without first obtaining a license from the director. The license ((shall)) expires annually on a date set by rule by the director. Application for a license ((shall)) must be on a form prescribed by the director and ((shall)) must be accompanied by a fee of ((twenty-five)) thirty-three dollars. Federal and state employees whose principal responsibilities are in pesticide research, the jurisdictional health officer or a duly authorized representative, public pest control consultants licensed and working in the health vector field, and public operators licensed under RCW 17.21.220 ((shall be)) are exempt from this licensing provision.

Sec. 7   RCW 17.21.070 and 1997 c 242 s 11 are each amended to read as follows:
     It ((shall be)) is unlawful for any person to engage in the business of applying pesticides to the land of another without a commercial pesticide applicator license. Application for a commercial applicator license ((shall)) must be accompanied by a fee of ((one hundred seventy)) two hundred twenty-six dollars and in addition a fee of twenty-seven dollars for each apparatus, exclusive of one, used by the applicant in the application of pesticides((: PROVIDED, That the provisions of this section shall not apply to any person employed only to operate any apparatus used for the application of any pesticide, and in which such person has no financial interest or other control over such apparatus other than its day to day mechanical operation for the purpose of applying any pesticide)).

Sec. 8   RCW 17.21.110 and 1997 c 242 s 12 are each amended to read as follows:
     It ((shall be)) is unlawful for any person to act as an employee of a commercial pesticide applicator and apply pesticides manually or as the operator directly in charge of any apparatus which is licensed or should be licensed under ((the provisions of)) this chapter for the application of any pesticide, without having obtained a commercial pesticide operator license from the director. The commercial pesticide operator license ((shall be)) is in addition to any other license or permit required by law for the operation or use of any such apparatus. Application for a commercial operator license ((shall)) must be accompanied by a fee of ((fifty)) sixty-seven dollars. ((The provisions of)) This section ((shall)) does not apply to any individual who is a licensed commercial pesticide applicator.

Sec. 9   RCW 17.21.122 and 1997 c 242 s 13 are each amended to read as follows:
     It ((shall be)) is unlawful for any person to act as a private-commercial pesticide applicator without having obtained a private-commercial pesticide applicator license from the director. Application for a private-commercial pesticide applicator license ((shall)) must be accompanied by a fee of ((twenty-five)) thirty-three dollars.

Sec. 10   RCW 17.21.126 and 2004 c 100 s 2 are each amended to read as follows:
     It is unlawful for any person to act as a private applicator, limited private applicator, or rancher private applicator without first complying with requirements determined by the director as necessary to prevent unreasonable adverse effects on the environment, including injury to the pesticide applicator or other persons, for each specific pesticide use.
     (1) Certification standards to determine the individual's competency with respect to the use and handling of the pesticide or class of pesticides for which the private applicator, limited private applicator, or rancher private applicator is certified ((shall)) must be relative to hazards of the particular type of application, class of pesticides, or handling procedure. In determining these standards the director ((shall)) must take into consideration standards of the EPA and is authorized to adopt these standards by rule.
     (2) Application for a private applicator or a limited private applicator license((, or the renewal of such licenses under RCW 17.21.132(4), shall)) must be accompanied by a fee of ((twenty-five)) thirty-three dollars. Application for a rancher private applicator license((, or renewal of such license under RCW 17.21.132(4), shall)) must be accompanied by a fee of ((seventy-five)) one hundred dollars. Individuals with a valid certified applicator license, pest control consultant license, or dealer manager license who qualify in the appropriate statewide or agricultural license categories are exempt from the private applicator, limited private applicator, or rancher private applicator fee requirements. However, licensed public pesticide operators, otherwise exempted from the public pesticide operator license fee requirement, are not also exempted from the fee requirements under this subsection.

Sec. 11   RCW 17.21.129 and 1997 c 242 s 15 are each amended to read as follows:
     Except as provided in RCW 17.21.203, it is unlawful for a person to use or supervise the use of any experimental use pesticide or any restricted use pesticide on small experimental plots for research purposes when no charge is made for the pesticide and its application without a demonstration and research applicator's license.
     (1) Application for a demonstration and research license ((shall)) must be accompanied by a fee of ((twenty-five)) thirty-three dollars.
     (2) Persons licensed ((in accordance with)) under this section are exempt from the requirements of RCW 17.21.160, 17.21.170, and 17.21.180.

Sec. 12   RCW 17.21.220 and 1997 c 242 s 17 are each amended to read as follows:
     (1) All state agencies, municipal corporations, and public utilities or any other governmental ((agency shall be)) agencies are subject to ((the provisions of)) this chapter and its rules ((adopted thereunder concerning the application of pesticides)).
     (2) It ((shall be)) is unlawful for any employee of a state agency, municipal corporation, public utility, or any other government agency to use or to supervise the use of any restricted use pesticide, or any pesticide by means of an apparatus, without having obtained a public operator license from the director. Application for a public operator license ((shall)) must be accompanied by a fee of ((twenty-five)) thirty-three dollars. The fee ((shall)) does not apply to public operators licensed and working in the health vector field. The public operator license ((shall be)) is valid only when the operator is acting as an employee of a government agency.
     (3) The jurisdictional health officer or his or her duly authorized representative is exempt from this licensing provision when applying pesticides that are not restricted use pesticides to control pests other than weeds.
     (4) ((Such)) Agencies, municipal corporations, and public utilities ((shall be)) are subject to legal recourse by any person damaged by such application of any pesticide, and ((such)) action may be brought in the county where the damage or some part ((thereof)) of the damage occurred.

NEW SECTION.  Sec. 13   This act takes effect January 1, 2009.