AN ACT Relating to establishment of a vegetation management task force to reduce use of pesticides along transportation and utility rights of way and easements; amending RCW 43.21C.020; 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, rights of way, and easements pose potential threats to waters of the state, public health, and the environment. The highest priorities for an integrated vegetation management program in this state are biological, mechanical, and cultural methods with pesticides' use as the lowest priority.

Sec. 2. Section 2, chapter 109, Laws of 1971 ex. sess. and RCW 43.21C.020 are each amended to read as follows:

(1) The legislature, recognizing that man depends on his biological and physical surroundings for food, shelter, and other needs, and for cultural enrichment as well; and recognizing further the profound impact of man's activity on the interrelations of all components of the natural environment, particularly the profound influences of population growth, high-density urbanization, industrial expansion, resource utilization and exploitation, and new and expanding technological advances and recognizing further the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man, declares that it is the continuing policy of the state of Washington, in cooperation with federal and local governments, and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to: (a) Foster and promote the general welfare; (b) to create and maintain conditions under which man and nature can exist in productive harmony; and (c) fulfill the social, economic, and other requirements of present and future generations of Washington citizens.

(2) In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the state of Washington and all agencies of the state to use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and its citizens may:

(a) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;

(b) Assure for all people of Washington safe, healthful, productive, and esthetically and culturally pleasing surroundings;

(c) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;

(d) Preserve important historic, cultural, and natural aspects of our national heritage;

(e) Maintain, wherever possible, an environment which supports diversity and variety of individual choice;

(f) Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and

(g) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.

(3) The legislature recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.

(4) The use of pesticides in vegetation management activities along transportation and utility rights of way and easements shall not be considered an exempt action under the provisions of this act. Public agencies shall follow the notice of action provisions of RCW 43.21C.080 for all actions under this subsection.

NEW SECTION. Sec. 3. The legislature creates a task force to review current use of pesticides and to develop recommendations to reduce chemical dependency in 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) Need for registration and special labeling;

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

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

(8) Review funding means for expanded programs;

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

(10) Review coordination between local and state 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 centennial clean water fund to the department of ecology for the purposes of carrying out the provisions of this act.