AN ACT Relating to dairy nutrients; creating new sections; and providing an expiration date.

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

NEW SECTION. Sec. 1. The legislature finds that a number of issues have arisen in regard to the dairy nutrient management program that have not been settled without direct legislative involvement. The legislature finds that continued cooperation is needed to resolve issues relating to the dairy nutrient management program.

The legislature intends to further the goal of establishing a reasonable and effective program that provides clear and consistent expectations. The legislature finds that retention of productive dairy farms and maintaining the quality of state waters are of utmost importance to the state.

NEW SECTION. Sec. 2. By January 30, 2000, the department of ecology shall publish and send an informational guide to all registered dairy farms in the state that explains the expectations of the department when conducting an inspection. The guide shall be titled "How to Survive a Dairy Nutrient Inspection."

NEW SECTION. Sec. 3. (1) A dairy nutrient management task force is created. The task force shall be comprised of eleven 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) 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) 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.

(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. The house of representatives office of program research and senate committee services shall provide staff support for the task force.

(5) This section expires December 31, 1999.