BILL REQ. #:  H-1678.1 

READ FIRST TIME 02/17/11.   

     AN ACT Relating to noxious weed lists; and amending RCW 17.10.080 and 17.10.090.

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

Sec. 1   RCW 17.10.080 and 1997 c 353 s 10 are each amended to read as follows:
     (1) The state noxious weed control board shall each year or more often, following a hearing, adopt a state noxious weed list.
     (2) The state noxious weed control board shall adopt guidelines by rule for placing plants on the state noxious weed list. These guidelines must include criteria for reconsideration of proposed new species that were not adopted by the state noxious weed control board, including the need for the board to be presented with additional data from scientific sources regarding any invasive and noxious qualities of the species and from existing positive economic benefits before taking any action.
     (3) Any person may request during a comment period established by the state noxious weed control board the inclusion, deletion, or designation change of any plant to the state noxious weed list.
     (((3))) (4) The state noxious weed control board shall send a copy of the list to each activated county noxious weed control board, to each weed district, and to the county legislative authority of each county with an inactive noxious weed control board.
     (((4))) (5) The record of rule making must include the written findings of the board for the inclusion of each plant on the list. The findings shall be made available upon request to any interested person.

Sec. 2   RCW 17.10.090 and 1997 c 353 s 11 are each amended to read as follows:
     (1) Each county noxious weed control board shall, within ninety days of the adoption of the state noxious weed list from the state noxious weed control board and following a hearing, select those weeds from the class C list and those weeds from the class B list not designated for control in the noxious weed control region in which the county lies that it finds necessary to be controlled in the county.
     (2) The weeds thus selected and all class A weeds and those class B weeds that have been designated for control in the noxious weed control region in which the county lies shall be classified within that county as noxious weeds, and those weeds comprise the county noxious weed list.
     (3) Nothing in this chapter limits a county noxious weed control board, or other branch of county or city government, from conducting education, outreach, or other assistance regarding plant species not included on the state noxious weed list if the county or city determines that the plant species causes localized risk or concern.