AN ACT Relating to establishment of a vegetation management task force to evaluate vegetation management methods used along transportation and utility rights of way; adding a new section to chapter 43.21C RCW; creating new sections; and making an appropriation.

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

NEW SECTION. Sec. 1. The legislature finds that current use and application of pesticides for managing vegetation along highways, roads, railroads and utility corridors, and rights of way should be examined to determine potential threats to waters of the state, public health, and the environment. An integrated vegetation management program in this state should consider biological, mechanical, cultural, and chemical methods with preference for the most effective, economical, and environmentally sound method, determined on a site-by-site basis.

NEW SECTION. Sec. 2. A new section is added to chapter 43.21C RCW to read as follows:

The department of transportation and public utilities shall prepare nonproject environmental impact statements on the use of chemical control methods in their vegetation management programs. This section shall not prevent the department of transportation or public utilities from maintaining existing vegetation management practices prior to the completion of their impact statements.

NEW SECTION. Sec. 3. The legislature creates a task force to review current vegetative management practices and to develop recommendations to improve integrated vegetation management programs.

The task force membership shall include, but not be limited to:

(1) One representative each from the state departments of transportation, health, ecology, and agriculture appointed by the agency directors;

(2) Two representatives from the environmental community;

(3) Two representatives from the business community to include a member of the pesticide industry selected by the association of Washington business;

(4) One representative each from an energy utility and the railroads selected by the utilities and transportation commission;

(5) One representative each selected by the association of Washington cities and Washington state association of counties.

NEW SECTION. Sec. 4. The department of ecology shall provide the staff and the chairperson for the task force.

NEW SECTION. Sec. 5. The task force shall address, but not be limited to, the following issues:

(1) Review current exemptions from the state environmental policy act, chapter 43.21C RCW;

(2) Consistency with the state water pollution control act, chapter 90.48 RCW, the water quality standards, chapter 173-201 WAC, and the state pesticide control act, chapter 15.58 RCW;

(3) A water quality permit to include provisions for:

(a) Sampling and monitoring;

(b) Setbacks for wetlands, streams, lakes, marine waters, watersheds, and fish hatcheries;

(4) Use in urban areas and nonagricultural and nonforested rights of way and utility corridors;

(5) Methods to provide notice of the commercial application of pesticides to residences, including posting warning requirements;

(6) Need for registration and special labeling;

(7) Provisions for "owner will maintain" agreements;

(8) Identify regulatory authority of local and state agencies;

(9) Review funding means for expanded programs;

(10) Review existing local and state vegetation management programs; and

(11) Review coordination between local, state, and federal agencies.

NEW SECTION. Sec. 6. The task force shall submit its report and recommendations to the appropriate legislative committees of the house of representatives and senate by December 1, 1991. An interim report shall be submitted to the legislature in January 1991.

The task force shall cease to exist June 30, 1992, unless extended by law for an additional fixed period of time.

NEW SECTION. Sec. 7. The sum of twenty-five thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the water quality account to the department of ecology for the purposes of carrying out the provisions of this act.