5424-S.E AMH LYNC 19

ESSB 5424 - H AMD TO H APP COMM AMD (5424-S.E AMH APP H2672.1)0237 ADOPTED 04/16/99

By Representative

     On page 1, line 9 of the amendment, after Aof@ insert Anuisance and@

     On page 1, line 10 of the amendment, after Athese@ insert Anuisance and@

     On page 1, line 11 of the amendment, after Ashorelines@ insert Aand other areas@

     On page 1, line 12 of the amendment, after Alakes.@ insert AAlgae can generate health and safety conditions dangerous to fish, wildlife, and humans.  The current environmental impact statement is causing difficulty in responding to environmentally damaging weed and algae problems.@

     On page 1, line 14 of the amendment, after Acontrolling@ insert Anuisance and@

     On page 1, line 14 of the amendment, after Aweeds@ insert Aand algae@

     On page 1, beginning on line 23 of the amendment, insert A(1)@

     On page 1, line 28 of the amendment, after Aavailable.@ insert the following:

A(2) For the 1999 treatment season, the department shall permit by May 15, 1999, municipal experimental application of herbicides such as hydrothol 191 for algae control in lakes managed under chapter 90.24 RCW.  If experimental use is determined to be ineffective, then the department shall within fourteen days consult with other state, federal, and local agencies and interested parties, and may permit the use of copper sulfate.  The Washington institute for public policy shall contract for a study on the lake-wide effectiveness of any herbicide used under this subsection.  Prior to issuing the contract for the study, the institute for public policy shall determine the parameters of the study in consultation with licensed applicators who have recent experience treating the lake and with the nonprofit corporation that participated in centennial clean water fund phase one lake management studies for the lake.  The parameters must include measurement of the lake-wide effectiveness of the application of the herbicide in maintaining beneficial uses of the lake, including any uses designated under state or federal water quality standards.  The effectiveness of the application shall be determined by objective criteria such as turbidity of the water, the effectiveness in killing algae, any harm to fish or wildlife, any risk to human health, or other criteria developed by the institute.  The results of the study shall be reported to the appropriate legislative committees by December 1, 1999.  A general fund appropriation in the amount of $35,000 is provided to the Washington institute for public policy for fiscal year 1999 for the study required under this subsection.@

     On page 2, line 23 of the amendment, after Adioxin@ insert Ain excess of the standard allowed by the United States environmental protection agency.  Sampling protocols and analysis used by the department under this section must be consistent with those used by the United States environmental protection agency for testing this product@

     On page 3, after line 4 of the amendment, insert the following:

ANEW SECTION. Sec. 5.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.@

EFFECT: Authorizes the experimental use of hydrothol 191 during the 1999 treatment season to control algae in certain lakes.  If the use of this herbicide is ineffective, then the Department of Ecology may permit the use of copper sulfate after consulting with federal, state, and local agencies as well as interested parties.  The Washington Institute for Public Policy is directed to contract for a study on the effectiveness of any herbicide used on the lake.  A general fund appropriation in the amount of $35,000 is provided for the study.  The Department of Ecology may prohibit the use of aquatic 2,4-D if it exceeds the standard for dioxin established by EPA.  An emergency clause is added.