Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Agriculture & Natural Resources Committee

HB 1169

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Summary of Bill

Prohibits the State Noxious Weed Control Board from adding a plant species to the noxious weed list if the plant is being actively cultivated in Washington as a commercial crop.
Permits county noxious weed control boards to conduct education, outreach, or other assistance regarding plant species not included, or eligible for inclusion, on the state noxious weed list.

Background:

A noxious weed is plant that, when established, is highly destructive, competitive, or difficult to control (RCW 17.10.010). The state maintains an active list of noxious weeds present in Washington and categorizes the plants on the list into one of three categories. These categories are designated as Class A, Class B, and Class C.

Class A weeds are those noxious weeds that are not native to Washington and are of limited distribution or are unrecorded in Washington yet could cause a serious threat if established. Class B weeds are non-native plants that are of limited distribution in a region of the state but that could cause a serious threat in that region. Class C weeds are all other noxious weeds (RCW 17.10.010).

Noxious weeds are indentified and listed by the State Noxious Weed Control Board (Board). The Board is required to adopt a statewide noxious weed list at least once a year following a public hearing (RCW 17.10.080). Once a state noxious weed list is adopted, county noxious weed control boards must select weeds identified on the state list for inclusion on the local noxious weed list for that county (RCW 17.10.090). Each county is empowered to have a noxious weed control board within its jurisdiction (RCW 17.10.020).

Once a weed is included on a county's weed list, certain responsibilities apply to landowners within that county. Landowners are responsible for eradicating all Class A weeds as well as controlling the spread of Class B and Class C weeds listed on the county list (RCW 17.10.140). The enforcement of violations of these duties is the responsibility of the county weed boards (RCW 17.10.170).

Summary of Bill:

The Board is prohibited from adding a plant species to the noxious weed list if the Board knows that the plant is being actively cultivated in Washington as a commercial crop or is derived from an actively cultivated crop.

County noxious weed control boards are still permitted to conduct education, outreach, or other assistance regarding plant species not included, or eligible for inclusion, on the state noxious weed list if the county determines that a plant species causes a localized risk or concern.