Z-0112.2  _______________________________________________

                         SENATE BILL 5188

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Senators Rasmussen and Morton; by request of Department of Agriculture

Read first time 01/15/1999.  Referred to Committee on Agriculture & Rural Economic Development.

Regulating private applicator licenses.

    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.

                            --- END ---