BILL REQ. #:  S-4477.1 

Read first time 01/21/08.   Referred to Committee on Natural Resources, Ocean & Recreation.

     AN ACT Relating to forage and mulches; amending RCW 17.10.070 and 17.10.201; adding new sections to chapter 17.10 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that the United States forest service has adopted additional requirements for certification of forage and mulches used in federal wilderness areas and on forest service lands that take effect January 1, 2009. The legislature finds that county noxious weed control boards and districts have expertise regarding weed identification and control and that many have indicated a willingness to administer a certification program at the local level. The legislature finds that county noxious weed control boards have the authority to enter into reasonable agreements with appropriate authorities for the control of noxious weeds on federal lands. The legislature intends to authorize the Washington state noxious weed control board, in conjunction with interested county weed boards and weed districts, to formulate and coordinate a certification program that meets these federal requirements.
     The legislature finds that due to the limited time between the effective date of this section and the commencement of the upcoming forage season, the program may need to be implemented in phases. Therefore, the legislature intends that the program developed for the 2008 forage season contain, at a minimum, components necessary to meet the United States forest service requirements taking effect January 1, 2009.

NEW SECTION.  Sec. 2   A new section is added to chapter 17.10 RCW to read as follows:
     (1)(a) Forage certified under this section shall be referred to and designated as wilderness forage.
     (b) Wilderness forage may not be treated with any postharvest fumigants or insecticides.
     (c) The authority of the state noxious weed control board under this section does not apply to hay, straw, or mulches exported to markets outside of the United States.
     (2)(a) The state noxious weed control board, in conjunction with county noxious weed control boards and weed districts, shall enter into memoranda of agreement to implement a program for the 2008 forage season that meets the minimum requirements established by the United States forest service. This authority shall continue for subsequent forage seasons until a rule under (b) of this subsection is adopted.
     (b) The state noxious weed control board shall work with representatives of county noxious weed control boards and weed districts, the United States forest service, forage grower associations, weed management associations, horse owners' associations, and other interested parties to develop a rule in accordance with chapter 34.05 RCW to design a permanent program. The board shall review and evaluate the rules pertaining to similar forage and mulch certification programs adopted in neighboring states including those adopted by Idaho.
     (c) The state noxious weed control board shall provide a report to the appropriate committees of the legislature by December 1, 2008, regarding the activities taken under this section and the progress and issues encountered in formulating a permanent program.

Sec. 3   RCW 17.10.070 and 1998 c 245 s 3 are each amended to read as follows:
     (1) In addition to the powers conferred on the state noxious weed control board under other provisions of this chapter, it has the power to:
     (a) Employ a state noxious weed control board executive secretary, and additional persons as it deems necessary, to disseminate information relating to noxious weeds to county noxious weed control boards and weed districts, to coordinate the educational and weed control efforts of the various county and regional noxious weed control boards and weed districts, and to assist the board in carrying out its responsibilities;
     (b) Adopt, amend, or repeal rules, pursuant to the administrative procedure act, chapter 34.05 RCW, as may be necessary to carry out the duties and authorities assigned to the board by this chapter.
     (2) The state noxious weed control board shall provide a written report before January 1st of each odd-numbered year to the county noxious weed control boards and the weed districts showing the expenditure of state funds on noxious weed control; specifically how the funds were spent; the status of the state, county, and district programs; and recommendations for the continued best use of state funds for noxious weed control. The report shall include recommendations as to the long-term needs regarding weed control.
     (3) The state noxious weed control board shall develop and coordinate a uniform program for use within the state that meets the United States forest service prevention standards 3 and 4 from the Pacific Northwest region invasive plant program record of decision applicable to forage and mulches for use in wilderness and backcountry areas that includes the following components:
     (a) Allows county weed boards and weed districts to provide a certification service on a voluntary basis upon request by forage and mulch producers that confirms that their forage and mulches meet United States forest service requirements that apply to forage and mulches used in wilderness and backcountry areas;
     (b) Coordinates the training for participating county noxious weed control boards' and weed districts' staff or contract employees on certification standards and procedures;
     (c) Purchases, stores, and distributes specifically colored twine, identification tags, and other materials required to designate that the forage or mulch meets certification standards;
     (e) Provides educational material to interested forage and mulch producers; and
     (f) Provides a list of producers in Washington state from which certified products are available for posting on appropriate web sites.

NEW SECTION.  Sec. 4   A new section is added to chapter 17.10 RCW to read as follows:
     If certification services for wilderness forage are not available to a forage or mulch producer from the county noxious weed control board in which the producer's land is located, the producer may request certification from an adjacent county's noxious weed control board, or from the Washington state crop improvement association, only if the certification is performed in accordance with the same standards and procedures as those performed under this chapter by other county noxious weed control boards.

Sec. 5   RCW 17.10.201 and 1997 c 353 s 34 are each amended to read as follows:
     (1) The state noxious weed control board shall:
     (a) Work with the various federal and tribal land management agencies to coordinate state and federal noxious weed control;
     (b) Encourage the various federal and tribal land management agencies to devote more time and resources to noxious weed control; and
     (c) Assist the various federal and tribal land management agencies by seeking adequate funding for noxious weed control.
     (2) County noxious weed control boards and weed districts shall work with the various federal and tribal land management agencies in each county in order to:
     (a) Identify new noxious weed infestations;
     (b) Outline and plan necessary noxious weed control actions;
     (c) Develop coordinated noxious weed control programs; and
     (d) Notify local federal and tribal agency land managers of noxious weed infestations.
     (3) The department of agriculture, county noxious weed control boards, and weed districts are authorized to enter federal lands, with the approval of the appropriate federal agency, to survey for and control noxious weeds where control measures of a type and extent required under this chapter have not been taken.
     (4) The department of agriculture, county noxious weed control boards, and weed districts may bill the federal land management agency that manages the land for all costs of the noxious weed control performed on federal land. If not paid by the federal agency that manages the land, the cost of the noxious weed control on federal land may be paid from any funds available to the county noxious weed control board or weed district that performed the noxious weed control. Alternatively, the costs of noxious weed control on federal land may be paid from any funds specifically appropriated to the department of agriculture for that purpose.
     (5) The department of agriculture, the state noxious weed control board, county noxious weed control boards, and weed districts are authorized to enter into any reasonable agreement with the appropriate authorities for the control of noxious weeds on federal or tribal lands.
     (6) The department of agriculture, county noxious weed control boards, and weed districts shall consult with state agencies managing federal land concerning noxious weed infestation and control programs.