BILL REQ. #:  S-3771.2 

Read first time 01/15/10.   Referred to Committee on Agriculture & Rural Economic Development.

     AN ACT Relating to retaining productive farmland; adding a new section to chapter 89.08 RCW; adding a new section to chapter 43.17 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that loss of productive farmland is a critical issue of statewide importance that puts at risk the long-term viability of agriculture in the state. To address the issues relating to loss of farmland the legislature, in 2007, created the office of farmland preservation as a program within the state conservation commission. One of the tasks of the office is to provide the legislature and governor with an analysis of the factors contributing to the loss of farmland in the state.
     State agencies acquire various interests in real property that range from easements and leases to purchases in fee simple. Sometimes agencies will acquire an interest in real property that is currently used as working agricultural land for the production of food and fiber, or has the potential for such production. In these acquisitions, the agency plans for the real property may or may not include the continued use of the land for agricultural production. When the agency does not continue agricultural production, these lands may be put to other uses that will permanently remove productive agricultural lands from future use. Given the continuing loss of productive agricultural lands, the legislature intends to gather information to determine the scope and extent to which state agency acquisition of real property contributes to this ongoing loss of productive agricultural lands.
     The legislature intends state agencies should, when acquiring an interest in agricultural lands that are currently in active production or have the potential for agricultural production, to the extent possible, continue production or retain the productive potential of the land. To accomplish this, it is the intent of the legislature that state agencies consider options to maintain agricultural production on lands where the state has acquired an interest to the extent such production is consistent with the objectives of the agency for the subject property.
     State agencies adopt rules, guidance, and policies that may impact productive agricultural lands. It is the intent of the legislature to acquire consistent information to determine the scope and extent to which agricultural lands may be impacted by the adoption of state agency rules, guidance, and policies.

NEW SECTION.  Sec. 2   A new section is added to chapter 89.08 RCW to read as follows:
     (1) The commission shall develop a form and process for an agriculture impact statement to be completed by any state agency before the acquisition of an interest in real property or when the interest includes agricultural land as defined in this section. The form and timing of the agriculture impact statement should be such that interested parties are able to evaluate the proposed agency action and provide comments before final decisions by the agency.
     (2) When developing the agriculture impact statement, the commission shall consult with affected agencies before final adoption of the form and process.
     (3) The commission shall report to the governor and legislature no later than December 1st of each calendar year, which at a minimum should provide information on the status of the agriculture impact statement program, the results of impact statements submitted to the commission over the previous year, and other factors the commission deems appropriate to report that fulfill the purposes of this act. The commission may also make recommendations to the governor and legislature on issues raised through the evaluation of the agriculture impact statements. In the first report to the legislature and governor, the commission shall address the potential applicability of the agriculture impact statement to agency rule-making actions, to actions by local governments, and whether existing processes adequately provide for the evaluation of impacts to agricultural lands from other project activities.
     (4) An agriculture impact statement completed by an agency pursuant to this chapter may not be used as the basis for appeal of an agency action or to otherwise delay or stop the proposed agency activity described in the agriculture impact statement.
     (5) The definitions in this subsection apply throughout this section.
     (a) "Agriculture impact statement" means the document developed by the state conservation commission and used by agencies consistent with this section, and is separate and distinct from the detailed environmental review documents required under chapter 43.21C RCW and WAC 197-11-400.
     (b) "Agricultural land" includes land that is (i) currently used for agricultural production, (ii) capable of supporting agricultural production as defined in WAC 365-190-050, (iii) zoned agricultural land of long-term commercial significance, or (iv) otherwise zoned as agricultural land by a local jurisdiction.
     (c) "Interest in real property" includes an easement, lease, any interest in fee simple or less than fee simple, a restrictive covenant, or a deferred purchase mechanism.

NEW SECTION.  Sec. 3   A new section is added to chapter 43.17 RCW to read as follows:
     All state agencies including all state departments, boards, councils, commissions, and state universities, colleges, and community colleges shall complete an agriculture impact statement in the form and process described and adopted by the Washington state conservation commission pursuant to chapter 89.08 RCW before acquisition of an interest in real property that is currently used for agricultural production, is capable of agricultural production, is designated as agricultural lands of long-term commercial significance, or otherwise designated as agricultural lands by a local jurisdiction.