AN ACT Relating to pesticides; amending RCW 15.58.040; and creating new sections.

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

NEW SECTION. Sec. 1. (1) Washington State University shall develop a plan to create a sustainable agriculture program. The plan shall include educational programs, consisting of, but not limited to, the following topics:

(a) Cost benefit analyses helping farmers to calculate on-farm and off-farm costs, including economic and environmental benefits and tradeoffs, inherent in various farming systems and technologies;

(b) Crop rotation practices mitigating weed, disease, and insect problems and, in conjunction with other practices, reducing soil erosion;

(d) Tillage practices enhancing soil conservation;

(e) Animal production systems emphasizing preventative disease;

(f) Genetic improvement practices improving crop resistance to pests and diseases and enhancing nutrient uptake of crops; and

(g) Integrated pest management practices defining a pest control strategy based on the determination of an economic threshold that indicates when a pest population is approaching the level at which control measures are necessary to prevent a decline in net returns. In principle, integrated pest management is an ecologically based strategy that relies on natural mortality factors, such as natural enemies, weather, and crop management, and seeks control tactics that disrupt these natural mortality factors as little as possible.

(2) The goal of the sustainable agriculture program shall be to ensure that future food production is compatible with environmental quality and that such production promotes the long-term economic viability of the state's agricultural industry.

(3) The plan shall identify all costs associated with the development of this program and shall be submitted to the appropriate standing committees of the legislature on or before December 1, 1990.

(4) In developing a plan to create a sustainable agriculture program, the university shall consult with state agencies and environmental, labor, agricultural, and business organizations.

(5) Nothing in this section shall supersede the authority of the higher education coordinating board to approve new degree programs or off-campus programs.

(6) For the purposes of this section, "sustainable agriculture" means a systems approach to farming, ranching, and managing natural resources that utilizes and nurtures biological and ecological interactions, nutrient cycles, and management systems.

NEW SECTION. Sec. 2. (1) A joint select task force on vegetative management is established consisting of nineteen members to be appointed in the following manner:

(a) The president of the senate shall appoint two members from the senate;

(b) The speaker of the house of representatives shall appoint two members from the house of representatives;

(c) The directors of the department of transportation, the department of ecology, the department of agriculture, and the parks and recreation commission, and the secretary of the department of health shall each appoint one representative;

(d) The Washington association of counties, the association of Washington cities, and the Washington state weed association shall each appoint one representative. At least one of the local government members shall represent a jurisdiction that has adopted an integrated vegetative management ordinance;

(e) The Washington environmental council and the association of Washington businesses shall each appoint two representatives. One business representative shall represent the agriculture chemical industry. One business representative shall represent the farming community;

(f) The utilities and transportation commission shall appoint one member representing energy utilities and one member representing rail transportation; and

(g) Washington State University shall appoint one member.

(2) The task force on vegetative management shall review current vegetative management practices along transportation and utility rights of way and develop recommendations to improve integrated vegetative management programs along such rights of way. At a minimum, the task force shall review, and make recommendations as appropriate, on the following:

(a) The categorical exemptions to transportation and utility rights of way allowed under RCW 43.21C.110;

(b) The consistency of pesticide control statutes with all pertinent state and federal water pollution and water quality statutes as they relate to vegetative management;

(d) The need for setback provisions for wetlands, streams, lakes, marine waters, watersheds, and fish hatcheries potentially exposed to pesticides applied along transportation and utility rights of way;

(e) The need for procedures to notify the public of pesticide applications to transportation and utility rights of way; and

(f) The need for agreements to allow owners to control vegetation on adjoining rights of way.

(3) The department of ecology shall convene the first meeting of the task force. The task force shall elect a chair and cochair and shall set a meeting schedule.

(4) The task force shall submit a report to the appropriate standing committees of the legislature by December 1, 1990. The task force shall cease to exist on June 30, 1991.

Sec. 3. Section 4, chapter 190, Laws of 1971 ex. sess. as amended by section 2, chapter 380, Laws of 1989 and RCW 15.58.040 are each amended to read as follows:

(1) The director shall administer and enforce the provisions of this chapter and rules adopted under this chapter. All the authority and requirements provided for in chapter 34.05 RCW (Administrative Procedure Act) and chapter 42.30 RCW shall apply to this chapter in the adoption of rules including those requiring due notice and a hearing for the adoption of permanent rules.

(2) The director is authorized to adopt appropriate rules for carrying out the purpose and provisions of this chapter, including but not limited to rules providing for:

(a) Declaring as a pest any form of plant or animal life or virus which is injurious to plants, people, animals (domestic or otherwise), land, articles, or substances;

(b) Determining that certain pesticides are highly toxic to people. For the purpose of this chapter, highly toxic pesticide means any pesticide that conforms to the criteria in 40 C.F.R. Sec. ((~~162.10~~)) 156.10 for toxicity category I due to oral, inhalation, or dermal toxicity. The director shall publish a list annually of all pesticides, determined to be highly toxic, by their common or generic name and their trade or brand name if practical. Such list shall be kept current and shall((~~, upon request,~~)) be made available to ((~~any interested party~~)) the public;

(d) The collection and examination of samples of pesticides or devices;

(e) The safe handling, mixing, transportation, storage, display, distribution, and disposal of pesticides and their containers;

(f) Restricting or prohibiting the use of certain types of containers or packages for specific pesticides. These restrictions may apply to type of construction, strength, and/or size to alleviate danger of spillage, breakage, misuse, or any other hazard to the public. In the case of products for home and garden use, the director may limit the size of containers and packages if the director believes the size contributes to waste and disposal problems. The director shall be guided by federal regulations concerning pesticide containers;

(g) Procedures in making of pesticide recommendations;

(h) Adopting a list of restricted use pesticides for the state or for designated areas within the state if the director determines that such pesticides may require rules restricting or prohibiting their distribution or use. The director may include in the rule the time and conditions of distribution or use of such restricted use pesticides and may, if it is found necessary to carry out the purpose and provisions of this chapter, require that any or all restricted use pesticides shall be purchased, possessed, or used only under permit of the director and under the director's direct supervision in certain areas and/or under certain conditions or in certain quantities or concentrations. The director may require all persons issued such permits to maintain records as to the use of all the restricted use pesticides;

(i) Label requirements of all pesticides required to be registered under provisions of this chapter; and

(j) Regulating the labeling of devices.

(3) For the purpose of uniformity and to avoid confusion endangering the public health and welfare the director may adopt rules in conformity with the primary pesticide standards, particularly as to labeling, established by the United States environmental protection agency or any other federal agency.