AN
ACT Relating to dairy nutrients; adding new sections to chapter 90.64 RCW;
creating new sections; providing expiration dates; 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 90.64 RCW to read as follows:
(1)
A dairy nutrient management task force is created that shall be comprised of no
more than 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;
(c)
A representative of the department of ecology, appointed by the director of
ecology;
(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)
Four representatives of the dairy industry, appointed by a state-wide
organization representing the dairy industry in the state;
(i)
A representative of an environmental interest organization with familiarity and
expertise in water quality issues, appointed by a state-wide organization
representing environmental interests;
(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 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 Washington state conservation commission.
(3)
This section expires June 30, 2004.
NEW
SECTION. Sec. 2. A
new section is added to chapter 90.64 RCW to read as follows:
(1)
By December 31, 2000, the task force shall recommend to the department and to
the legislature:
(a)
Clarification of key terms and phrases such as, but not limited to,
"potential to pollute," that are used in the administration of this
chapter and other statutes on water quality;
(b)
How frequently dairy nutrient management plans should be updated, considering
the evolution of technical standards developed by the natural resources
conservation service;
(c)
Considering the report under section 3 of this act, the disposition of
penalties collected from dairy producers under chapter 90.48 RCW;
(d)
Considering the report under section 4 of this act, recommended sources of
funding to meet the needs identified in the report;
(e)
The extent to which engineering expertise is required to implement the
provisions of this chapter;
(f)
How to address responsibility for contamination originating from neighboring
farms; and
(g)
Clarification of the duties of the department as they pertain to initial
inspections of dairy farms.
(2)
The task force shall make recommendations to the department and to the
legislature on any other issues, and at such times, as the task force deems
important to the successful implementation of this chapter.
(3)
This section expires June 30, 2004.
NEW
SECTION. Sec. 3. (1)
By September 1, 2000, the department of ecology shall report to the dairy
nutrient management task force on the penalties assessed on dairy producers for
violations of chapters 90.48 and 90.64 RCW since January 1, 1998. The report
shall indicate the amount of money from these penalties that was deposited into
the coastal protection fund created under RCW 90.48.390 and the amount
deposited into the dairy waste management account created under RCW 90.64.150.
The report shall also indicate the purposes for which moneys reported under
this section were expended.
(2)
This section expires December 31, 2000.
NEW
SECTION. Sec. 4. (1)
By September 1, 2000, the office of financial management shall make
recommendations to the dairy nutrient management task force on how to provide
adequate funding for the dairy nutrient management program. The
recommendations shall include an identification of need, if any, for additional
funding for each of the following purposes:
(a)
To perform functions required by conservation districts and the state
conservation commission;
(b)
To provide technical assistance for development of dairy nutrient management
plans; and
(c)
For cost-share moneys for implementation of the plans based on fifty percent of
the eligible costs to be derived from public sources. The recommendations
shall be for the amount of funding for these purposes that is required each
fiscal year through June 30, 2004, in order to meet the deadlines established
in chapter 90.64 RCW.
(2)
The office of financial management shall submit its written recommendations to
the co-chief clerks of the house of representatives and the secretary of the
senate.
(3)
This section expires December 31, 2000.
NEW SECTION. Sec. 5. 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.
