2212-S AMH SIMP MOET 066

SHB 2212 - H AMD 401

By Representative Simpson

ADOPTED 3/13/2007

   Strike everything after the enacting clause and insert the following:

   "NEW SECTION. Sec. 1. (1) The legislature finds that the goal of preserving Washington's agricultural lands is shared by citizens throughout the state. The legislature recognizes that efforts to achieve a balance between the productive use of these resource lands and associated regulatory requirements have proven difficult, but that good faith efforts to seek solutions have yielded successes. The legislature believes that this willingness to find and pursue common ground will enable Washingtonians to enjoy the benefits of a successful agricultural economy and a healthy environment, while also preventing the unnecessary conversion of valuable agricultural lands.

   (2) The legislature, therefore, intends this act, the temporary delays it establishes for amending or adopting provisions of certain critical area ordinances and implementing regulations, and the duties and requirements it prescribes for the William D. Ruckelshaus Center, to be expressions of progress in resolving, harmonizing, and advancing commonly held environmental protection and agricultural viability goals.

   (3) The legislature fully expects the duties and requirements it is prescribing for the Ruckelshaus Center to be successful. If, however, the efforts of the center do not result in a consensus of how to best address the conflicts between agricultural activities and certain regulatory requirements as they apply to agricultural activities, the legislature intends, upon the expiration of the delay, to require jurisdictions that have delayed amending or adopting certain regulatory measures to promptly complete all regulatory amendments or adoptions necessary to comply with the growth management act.

   (4) The legislature does not intend this act to reduce or otherwise diminish existing critical area ordinances and implementing regulations that protect critical areas that apply to agricultural activities during the deferral period established in section 2 of this act.

   NEW SECTION. Sec. 2. A new section is added to chapter 36.70A RCW to read as follows:

   (1) Until July 1, 2009, counties and cities must defer amending or adopting critical area ordinances and implementing regulations under RCW 36.70A.060(2) as they specifically apply to agricultural activities. Nothing in this section:

   (a) Nullifies critical area ordinances and implementing regulations adopted by a county or city prior to January 1, 2007, to comply with RCW 36.70A.060(2);

   (b) Limits or otherwise modifies the obligations of a county or city to comply with the requirements of this chapter pertaining to critical areas not associated with agricultural activities; or

   (c) Limits the ability of a county or city to employ voluntary measures or programs to protect or enhance critical areas associated with agricultural activities.

   (2) Counties and cities that defer amending or adopting critical area ordinances and implementing regulations under subsection (1) of this section must review and revise these ordinances and regulations as they specifically apply to agriculture activities to comply with the requirements of this chapter by July 1, 2010.

   (3) For purposes of this section and sections 3, 4, and 6 of this act, "agricultural activities" means agricultural uses and practices currently existing or legally allowed, including, but not limited to: Producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a local, state, or federal conservation program, or the land is subject to a conservation easement; conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities, when the replacement facility is no closer to a critical area than the original facility; and maintaining agricultural lands under production or cultivation.

   NEW SECTION. Sec. 3. A new section is added to chapter 36.70A RCW to read as follows:

   (1) Nothing in this act limits or otherwise modifies the authority of a county or city to:

   (a) Comply with an order from a growth management hearings board or a court;

   (b) Implement a settlement in compliance with the requirements of this chapter; or

   (c) Attempt to settle issues raised in litigation challenging critical area ordinances and implementing regulations under RCW 36.70A.060(2) as they specifically apply to agricultural activities.

   NEW SECTION. Sec. 4. (1) Subject to the availability of amounts appropriated for this specific purpose, the William D. Ruckelshaus Center must conduct an examination of the conflicts between agricultural activities and critical area ordinances and implementing regulations adopted under chapter 36.70A RCW to protect critical areas. The examination required by this section must commence by July 1, 2007.

   (2) In fulfilling the requirements of this section, the center must: (a) Work and consult with willing participants, including, but not limited to, agricultural, environmental, tribal, and local government interests; and (b) involve and apprise legislators and legislative staff of its efforts.

   (3) The examination conducted by the center must be completed in two distinct phases in accordance with the following:

   (a) In the first phase, the center must conduct fact-finding and stakeholder discussions with stakeholders identified in subsection (2) of this section. These discussions must identify stakeholder concerns, desired outcomes, opportunities, and barriers. The fact-finding must identify existing regulatory, management, and scientific information related to agricultural activities and critical areas, including, but not limited to: (i) Critical area ordinances and implementing regulations adopted under chapter 36.70A RCW to protect critical areas; (ii) acreage enrolled in the conservation reserve enhancement program; (iii) acreage protected by conservation easements; (iv) buffer widths; (v) requirements of federally approved salmon recovery plans; (vi) the impacts of agricultural activities on Puget Sound recovery efforts; and (vi) compliance with water quality requirements. The center must issue a report of its fact-finding efforts and stakeholder discussions to the governor and the appropriate committees of the house of representatives and the senate by December 1, 2007; and

   (b) In the second phase, the center must facilitate discussions between the stakeholders identified in subsection (2) of this section to identify policy and financial options or opportunities to address the issues identified by stakeholders in the first phase of the center's examination efforts. In particular, the center must examine innovative solutions, including, but not limited to, outcome based approaches that incorporate, to the maximum extent practicable, voluntary programs or approaches. The center must work to achieve consensus among participating stakeholders on identified issues and to develop a coalition of diverse stakeholders that can be used to support agreed upon changes or new approaches to protecting critical areas during the 2009 legislative session.

   (4) The center must issue a final report of findings and legislative recommendations to the governor and the appropriate committees of the house of representatives and the senate by September 1, 2008.

   NEW SECTION. Sec. 5. If specific funding for the purposes of section 4 of this act, referencing this act and section 4 of this act by bill or chapter number and section number, is not provided by June 30, 2007, in the omnibus appropriations act, this act is null and void.

   NEW SECTION. Sec. 6. This act applies retroactively to any critical area ordinances and implementing regulations under RCW 36.70A.060(2) as they specifically apply to agricultural activities amended or adopted by a county or city on or after January 1, 2007.

   NEW SECTION. Sec. 7. 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.

   NEW SECTION. Sec. 8. This act expires July 1, 2010."

   Correct the title.

EFFECT: (1) Specifies that until July 1, 2009, counties and cities must defer amending or adopting critical area ordinances and implementing regulations as they specifically apply to agricultural activities.

(2) Specifies that counties and cities that defer amending or adopting critical area ordinances and implementing regulations as provided must review and revise these critical area ordinances and implementing regulations as they specifically apply to agriculture activities to comply with the requirements of the Growth Management Act (GMA) by July 1, 2010.

(3) Defines "agricultural activities."

(4) Specifies that, except as provided otherwise, nothing in the act limits or otherwise modifies the authority of a county or city to: comply with an order from a growth management hearings board or a court; implement a settlement in compliance with the requirements of the GMA; or attempt to settle issues raised in litigation challenging critical area ordinances and implementing regulations as they specifically apply to agricultural activities.

(5) Specifies that, subject to the availability of amounts for this purpose, the William D. Ruckelshaus Center (Center) must conduct an two-phased examination of the conflicts between agricultural activities and critical area ordinances and implementing regulations adopted under the GMA to protect critical areas.

(6) Establishes examination requirements that must be met by the Center.

(7) Requires the Center to issue reports meeting specified criteria to the Governor and the Legislature on December 1, 2007, and September 1, 2008.

(8) Specifies that the act is null and void if funding for the examination required by the Center is not provided by June 30, 2007, in the omnibus appropriations act.

(9) Includes intent language.

(10) Specifies that the act applies retroactively to any critical area ordinances and implementing regulations as they specifically apply to agricultural activities that were amended or adopted by a county or city on or after January 1, 2007.

(11) Includes an emergency clause.

(12) Expires the act on July 1, 2010.