AN
ACT Relating to a pilot project for limited private applicator licenses and
rancher private applicator licenses; and amending RCW 17.21.187.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
17.21.187 and 1997 c 242 s 20 are each amended to read as follows:
(1)
The purpose of this section is to establish a pilot project to evaluate the
feasibility of establishing a limited private applicator license and a
rancher private applicator license to facilitate the control of weeds,
especially those defined as noxious weeds, in Washington state.
(2)
"Limited private applicator" means a certified applicator who uses or
is in direct supervision, as defined for private applicators in RCW
17.21.020(12), of the use of any herbicide classified by the EPA or the
director as a restricted use pesticide, for the sole purpose of controlling
weeds on nonproduction agricultural land owned or rented by the applicator or
the applicator's employer. Nonproduction agricultural land includes pastures,
range land, fencerows, and areas around farm buildings but not aquatic sites.
A limited private applicator also may apply restricted use herbicides to
nonproduction agricultural land of another person if applied without compensation
other than trading of personal services between the applicator and the other
person. ((A limited private applicator may not apply restricted use
herbicides through any equipment defined under this chapter as an apparatus.))
(3)
"Rancher private applicator" means a certified applicator who uses
or is in direct supervision, as defined for private applicators in RCW
17.21.020(12), of the use of any herbicide and/or any rodenticide classified by
the environmental protection agency or the director as a restricted use
pesticide for the purpose of controlling weeds and pest animals on the
agricultural land owned or rented by the applicator or the applicator's
employer. For the purpose of this subsection, "agricultural land"
means nonproduction agricultural land and production agricultural land used to
grow hay and grain crops that are consumed by the livestock on the farm where
produced: PROVIDED, That up to ten percent of the crops grown on the
agricultural land in a calendar year may be sold within the county of
production. Nonproduction agricultural land includes pastures, rangeland,
fencerows, and areas around farm buildings. For the purposes of this
subsection, agricultural land does not include aquatic sites. A rancher
private applicator also may apply restricted use herbicides and rodenticides to
the agricultural land of another person if applied without compensation other
than trading of personal services between the applicator and the other person.
(4)
Limited private applicator and rancher private applicator licenses may be
issued only in counties where the county cooperative extension service and/or
the county weed board complete a memorandum of understanding with the
department agreeing to conduct a minimum of two hours of department-approved weed
control-related recertification coursework every year and to maintain the
recertification credit records for the limited private applicators in their
county.
(5)
A person may participate in the pilot project by applying to be licensed as a
limited private applicator or rancher private applicator in ((1998,
1999, or)) 2000, 2001, or 2002. The application ((requirements,
fee,)) and examination requirements for a limited private applicator and
a rancher private applicator are the same as for a private applicator.
(((4)(a)
A)) (a) Applications for a limited private applicator license shall be
accompanied by a fee of twenty-five dollars.
(b)
Applications for a rancher private applicator shall be accompanied by a fee of
seventy-five dollars.
(6)
All limited private applicator and rancher private applicator licenses expire
on December 31, 2004.
(7)(a)
Limited private ((applicator is)) applicators and rancher private
applicators are exempt from the credit accumulation requirements of RCW
17.21.128(2)(a), and, upon application, begins a recertification period which
ends on December 31, ((2002)) 2004.
(i)
Limited private ((pesticide)) applicators first applying for a license
in ((1998)) 2000 shall accumulate a minimum of ((ten)) eight
department-approved credits by the end of the recertification period.
(ii)
Limited private ((pesticide)) applicators first applying for a license
in ((1999)) 2001 or 2002 shall accumulate a minimum of ((eight))
six department-approved credits by the end of the recertification
period.
(iii)
((Limited private pesticide applicators first applying for a license in 2000
shall accumulate a minimum of six)) Rancher private applicators first
applying for a license in 2000 shall accumulate a minimum of twelve
department-approved credits by the end of the recertification period.
(iv)
Rancher private applicators first applying for a license in 2001 or 2002 shall
accumulate a minimum of ten department-approved credits by the end of the
recertification period.
(b)
All credits for the limited private applicator license must be
applicable to the control of weeds with at least half of the credits directly
related to weed control and the remaining credits in topic areas indirectly
related to weed control, such as the safe and legal use of pesticides.
(((5)
Any)) (8) Limited private applicators and rancher private
applicators who successfully complete((s)) the recertification
requirements of this section ((is)) are deemed to have met the
credit accumulation requirements of RCW 17.21.128(2)(a) for private applicators
and may reapply as a private applicator in 2005. A limited private
applicator or rancher private applicator who applies for a private applicator
license during the pilot project must meet the fee, annual renewal, and credit accumulation
requirements for private applicators.
(((6)))
(9) By September 1, 2003, the department shall report to the legislature on
the results of the pilot project.
(10) This section applies only to certified applicators in
Ferry, Stevens, Pend Orielle, and Okanogan counties, Washington and
expires December 31, ((2002)) 2004.
