BP BHEAD INT S [atlas:bill]

AN ACT Relating to agricultural spraying; amending RCW 36.70A.060; adding a new section to chapter 7.48 RCW; adding a new section to chapter 17.21 RCW; adding a new section to chapter 35.63 RCW; adding a new section to chapter 35A.63 RCW; adding a new section to chapter 36.70 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The agriculture industry is of vital concern to the welfare and general economy of the state. The legislature recognizes that growth pressures in the state have resulted in agricultural lands and residential developments being located side-by-side in many cases. The legislature further acknowledges that current law does not recognize that a small amount of drift will occur whenever there is some agricultural spraying, and there are no standards to evaluate the seriousness of any drift that may occur. The legislature therefore finds and declares that it is the policy of this state to encourage local governments to require buffers between agricultural lands and residential development, and to enact reasonable standards for the amount of drift that occurs as a result of agricultural spraying.

NEW SECTION. Sec. 2. A new section is added to chapter 7.48 RCW to read as follows:

(1) No cause of action may be maintained under this chapter against any certified applicator, as defined in RCW 17.21.020, for incidental amounts of spraydrift that may occur from the application of a pesticide if the spraying was done in accordance with the provisions of subsection (2) of this section.

(2) A certified applicator may claim the immunity provided under subsection (1) of this section if:

(a) The spraying was done in accordance with the label;

(b) The spraying was done during favorable wind conditions. For purposes of this section, "favorable wind conditions" means that it was either calm or the wind was blowing towards the intended place of application; and

(3) "Incidental amounts of spraydrift" for purposes of this section means spray residue found off target and on a person's property or body, and the amount of the residue is less than the residue allowed under federal environmental protection agency standards for edible produce.

NEW SECTION. Sec. 3. A new section is added to chapter 17.21 RCW to read as follows:

(2) A certified applicator may claim the immunity provided under subsection (1) of this section if:

(a) The spraying was done in accordance with the label;

Sec. 4. RCW 36.70A.060 and 1991 sp.s. c 32 s 21 are each amended to read as follows:

(1) Each county that is required or chooses to plan under RCW 36.70A.040, and each city within such county, shall adopt development regulations on or before September 1, 1991, to assure the conservation of agricultural, forest, and mineral resource lands designated under RCW 36.70A.170. Regulations adopted under this subsection may not prohibit uses legally existing on any parcel prior to their adoption and shall remain in effect until the county or city adopts development regulations pursuant to RCW 36.70A.120. Such regulations shall assure that the use of lands adjacent to agricultural, forest, or mineral resource lands shall not interfere with the continued use, in the accustomed manner and in accordance with best management practices, of these designated lands for the production of food, agricultural products, or timber, or for the extraction of minerals. Counties and cities shall require that all plats, short plats, development permits, and building permits issued for development activities on, or within three hundred feet of, lands designated as agricultural lands, forest lands, or mineral resource lands, contain a notice that the subject property is within or near designated agricultural lands, forest lands, or mineral resource lands on which a variety of commercial activities may occur that are not compatible with residential development for certain periods of limited duration. Counties and cities shall establish a reasonable amount of buffer space on lands that will be developed for residential use, and which are located next to agricultural lands, in order to protect residents against incidental amounts of drift that may occur from agricultural spraying.

(2) Each county and city shall adopt development regulations that protect critical areas that are required to be designated under RCW 36.70A.170. For counties and cities that are required or choose to plan under RCW 36.70A.040, such development regulations shall be adopted on or before September 1, 1991. For the remainder of the counties and cities, such development regulations shall be adopted on or before March 1, 1992.

(3) Such counties and cities shall review these designations and development regulations when adopting their comprehensive plans under RCW 36.70A.040 and implementing development regulations under RCW 36.70A.120 and may alter such designations and development regulations to insure consistency.

(4) Forest land and agricultural land located within urban growth areas shall not be designated by a county or city as forest land or agricultural land of long-term commercial significance under RCW 36.70A.170 unless the city or county has enacted a program authorizing transfer or purchase of development rights.

NEW SECTION. Sec. 5. A new section is added to chapter 35.63 RCW to read as follows:

Each city or county that plans under this chapter must adopt ordinances or development regulations that establish a reasonable amount of buffer space on lands that will be developed for residential use, and which are located next to agricultural lands, in order to protect residents against incidental amounts of drift that may occur from agricultural spraying.

NEW SECTION. Sec. 6. A new section is added to chapter 35A.63 RCW to read as follows:

Each city that plans under this chapter must adopt ordinances or development regulations that establish a reasonable amount of buffer space on lands that will be developed for residential use, and which are located next to agricultural lands, in order to protect residents against incidental amounts of drift that may occur from agricultural spraying.

NEW SECTION. Sec. 7. A new section is added to chapter 36.70 RCW to read as follows:

Each county that plans under this chapter must adopt ordinances or development regulations that establish a reasonable amount of buffer space on lands that will be developed for residential use, and which are located next to agricultural lands, in order to protect residents against incidental amounts of drift that may occur from agricultural spraying.