S-1883.1 _______________________________________________
SUBSTITUTE SENATE BILL 5742
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State of Washington 56th Legislature 1999 Regular Session
By Senate Committee on Environmental Quality & Water Resources (originally sponsored by Senators Morton, T. Sheldon, Swecker, Oke, Honeyford, Winsley, Stevens, Finkbeiner, Hochstatter, Horn, Benton, Long, Rossi, Deccio, Sellar, Sheahan and Eide)
Read first time 02/26/1999.
AN ACT Relating to the eradication of Eurasian water milfoil; adding a new section to chapter 90.48 RCW; making appropriations; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 90.48 RCW to read as follows:
(1) A government entity seeking to control a limited infestation of Eurasian water milfoil may use the pesticide 2,4-D to treat the milfoil infestation without obtaining a permit under RCW 90.48.445 if the milfoil infestation is either recently documented or remaining after the application of other control measures, and is limited to twenty percent or less of the littoral zone of the lake. In lieu of a permit, any application under this section must be made according to all label requirements and adequate public notice shall be provided.
(2) Before applying 2,4-D, the government entity shall provide twenty-one days' notice to the department of ecology, the department of fish and wildlife, the department of agriculture, and the department of health, notify all lake residents, post notices of the intent to treat weeds at all public access points before making such treatment, and place informational buoys around the treatment area. The department of fish and wildlife may impose timing restrictions on the use of 2,4-D to protect salmon and other fish and wildlife.
(3) The department shall enter into grant agreements with government entities by March 1st of each year. In awarding grants under this section, the department shall give priority funding consideration based on:
(a) Lakes with public access;
(b) Lakes with a first surveyed occurrence of milfoil in the lake or requiring spot treatment of milfoil remaining after the application of other control measures; and
(c) The applicant's readiness to proceed immediately after the grant award.
(4) The grant agreements may include reporting requirements, an assessment of the treatment method, timelines, and a fund disbursement schedule based on agreed project milestones.
(5) Government entities using this section to apply 2,4-D, may apply for funds from the freshwater aquatic weeds account consistent with the freshwater aquatic weeds management program as provided in RCW 43.21A.660.
(6) Government entities using this section shall consider development of long-term control strategies for eradication and control of the Eurasian water milfoil.
(7) For the purpose of this section, "government entity" includes cities, counties, state agencies, tribes, special purpose districts, and county weed boards.
NEW SECTION. Sec. 2. (1) The sum of one hundred seventy-five thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2000, from the general fund to the department of ecology for the purposes of the Eurasian milfoil projects. Up to three percent of the total amount may be used by the department to cover administrative costs.
(2) The sum of one hundred seventy-five thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2001, from the general fund to the department of ecology for the purposes of the Eurasian milfoil projects. Up to three percent of the total amount may be used by the department to cover administrative costs.
NEW SECTION. Sec. 3. Section 2 of 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.
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