BP BHEAD INT H [atlas:bill]

AN ACT Relating to the dairy nutrient management task force; amending 1999 c 262 s 3 (uncodified); adding a new section to chapter 90.64 RCW; and providing an expiration date.

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

Sec. 1. 1999 c 262 s 3 (uncodified) is amended to read as follows:

(1) A dairy nutrient management task force is created. The task force shall be comprised of ((~~eleven~~)) up to fifteen members, who are appointed as follows:

(a) Two members of the house of representatives, one from each major caucus, appointed by the co-speakers of the house of representatives;

(b) Two members of the senate, one from each major caucus, appointed by the president of the senate;

(d) A representative of the state conservation commission, appointed by its executive secretary;

(e) A representative of local conservation districts, appointed by the president of a state-wide association of conservation districts;

(f) A representative of local health departments, appointed by the Washington state association of local public health officials;

(g) A representative of commercial shellfish growers, appointed by a state-wide organization representing oyster growers;

(h) Three active dairy farmers, appointed by a state-wide organization representing dairy farmers in the state, who shall be from different regions and different sizes of dairy operations; ((~~and~~

~~(g)~~)) (i) A representative of an environmental interest organization with familiarity and expertise in water quality issues, appointed by agreement of the co-speakers of the house of representatives and the president of the senate;

(j) A representative of the United States environmental protection agency, appointed by the regional director of the agency if the agency chooses to be represented on the task force; and

(k) A representative of the United States natural resources conservation service, appointed by the state conservationist of that agency for this state, if the agency chooses to be represented on the task force.

(2) The task force shall conduct a review of the dairy nutrient management program administered by the department of ecology, the conservation commission, and local conservation districts. The task force shall include but not be limited to examination of the following topics:

(a) Compliance with the deadlines established in chapter 262, Laws of 1998, for the development, implementation, and approval of dairy nutrient management plans, or deadlines established under other state water quality laws;

(b) Better assurance of consistency in interpretations between staff that conduct inspections, and between inspectors and staff that design and approve dairy nutrient management plans;

(d) Clarification of what constitutes a violation, including a review of the federal environmental protection agency guidance manual, and whether there must be an actual discharge and/or exceedance of state water quality standards;

(e) Clarification as to the circumstances under which dairy operations are responsible to control flood waters arising from outside of the dairy operation to prevent mixing with dairy nutrients including flood waters that arise during major flood events;

(f) Clarification of the criteria applicable to dairy operations as to what constitutes a potential to pollute under RCW 90.48.120;

(g) A review of materials provided by state agencies to dairy farmers regarding dairy nutrient management inspections;

(h) Review changes in any standards utilized in the development and approval of dairy nutrient management plans; and

(i) The adequacy of funding to implement the dairy nutrient management program.

(3) By December 10, 1999, the task force shall:

(a) Provide recommendations to the department of ecology, to the conservation commission, and to local conservation districts for improvements in the implementation of the dairy nutrient management program; and

(b) Provide recommendations to the legislature on statutory changes to clarify and improve the operation of various facets of the program.

(4) The task force shall convene as soon as possible upon appointment of its members. The task force shall elect a chair and adopt rules for conducting the business of the task force. Staff support for the task force shall be provided by the department of ecology.

(5) This section expires ((~~December 31, 1999~~)) June 30, 2004.

NEW SECTION. Sec. 2. Section 1 of this act is added to chapter 90.64 RCW.