SSB 5248 -
By Committee on Local Government
ADOPTED AND ENGROSSED 04/13/2007
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 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 agreement on 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 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) For the period beginning May 1, 2007, and concluding July 1,
2010, counties and cities may not amend or adopt critical area
ordinances under RCW 36.70A.060(2) as they specifically apply to
agricultural activities. Nothing in this section:
(a) Nullifies critical area ordinances adopted by a county or city
prior to May 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 adopt or employ
voluntary measures or programs to protect or enhance critical areas
associated with agricultural activities.
(2) Counties and cities subject to deferral requirements under
subsection (1) of this section:
(a) Should implement voluntary programs to enhance public resources
and the viability of agriculture. Voluntary programs implemented under
this subsection (2)(a) must include measures to evaluate the successes
of these programs; and
(b) Must review and, if necessary, revise critical area ordinances
as they specifically apply to agricultural activities to comply with
the requirements of this chapter by December 1, 2011.
(3) For purposes of this section and section 3 of this act,
"agricultural activities" means agricultural uses and practices
currently existing or legally allowed on rural land or agricultural
land designated under RCW 36.70A.170 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 (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 adopted under
chapter 36.70A RCW. 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 adopted under chapter
36.70A RCW; (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 (vii) compliance with water quality
requirements. The center must issue two reports 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 December 1, 2008; and
(b)(i) 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 and desired outcomes identified by stakeholders in the first
phase of the center's examination efforts.
(ii) In particular, the stakeholders must examine innovative
solutions including, but not limited to, outcome-based approaches that
incorporate, to the maximum extent practicable, voluntary programs or
approaches. Additionally, stakeholders must examine ways to modify
statutory provisions to ensure that regulatory constraints on
agricultural activities are used as a last resort if desired outcomes
are not achieved through voluntary programs or approaches.
(iii) The center must work to achieve agreement among participating
stakeholders and to develop a coalition that can be used to support
agreed upon changes or new approaches to protecting critical areas
during the 2010 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, 2009.
NEW SECTION. Sec. 4 If specific funding for the purposes of
section 3 of this act, referencing this act and section 3 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. 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.
NEW SECTION. Sec. 6 This act expires December 1, 2011."
Correct the title.
EFFECT: Makes the following changes to the underlying committee
amendment:
(1) Specifies that for the period beginning May 1, 2007, and
concluding July 1, 2010, counties and cities may not amend or adopt
critical area ordinances under a provision of the Growth Management Act
(GMA) as they specifically apply to agricultural activities;
(2) Specifies that counties and cities subject to deferral
requirements for critical area ordinances: (a) Should implement
voluntary programs to enhance public resources and the viability of
agriculture. Any such voluntary programs must include measures to
evaluate the successes of these programs; and (b) must review and, if
necessary, revise critical area ordinances as they specifically apply
to agricultural activities to comply with the requirements of the GMA
by December 1, 2011;
(3) Requires the Ruckelshaus Center (Center) to produce a second
preliminary report to the governor and the Legislature by December 1,
2008;
(4) Changes a legislative session date to specify that the Center
must work to achieve agreement among participating stakeholders and to
develop a coalition that can be used to support agreed upon changes or
new approaches to protecting critical areas during the 2010, rather
than the 2009, legislative session;
(5) Extends the date for the final report of findings and
recommendations of the Ruckelshaus Center examination by one year to
September 1, 2009; and
(6) Extends the act's expiration date from July 1, 2010, to
December 1, 2011.