BILL REQ. #:  H-1293.1 

Read first time 02/02/11.   Referred to Committee on Local Government.

     AN ACT Relating to development regulations adopted under the growth management act to protect critical areas that apply to agricultural activities; amending RCW 36.70A.560; amending 2010 c 203 s 3 (uncodified); creating a new section; and providing an expiration date.

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

NEW SECTION.  Sec. 1   The legislature finds that Washington's agriculture industry is vital to the health and well-being of the state and its residents. This industry employs one hundred sixty thousand persons, has an economic value of thirty-eight billion dollars, and represents twelve percent of the state's economy. Additionally, the legislature recognizes that the agricultural community has a deeply vested interest in protecting the natural functions of the land, as clean water and a healthy environment are essential to the community's livelihood.
     The legislature finds also that agricultural production has been decreasing in recent years and that many production and production-related businesses have either closed or relocated to other locations with more favorable regulatory environments. These trends are especially troubling, as the agriculture industry provides fresh and nutritious foods for our residents and prevents Washingtonians from relying upon products produced in other states and nations.
     The legislature further finds that twelve state agencies and twelve federal agencies have jurisdiction over agricultural activities. Additionally, water quality is regulated by five state agencies and two federal agencies. Although the legislature may not have intended to overburden the agriculture industry with government regulation, the industry, with its many small and family businesses, has seen the number of applicable regulations and regulators steadily increase. The legislature, therefore, intends to provide relief to the agriculture industry by extending a moratorium on the amendment or adoption of development regulations adopted under the growth management act to protect critical areas as they specifically apply to agricultural activities.

Sec. 2   RCW 36.70A.560 and 2010 c 203 s 1 are each amended to read as follows:
     (1) For the period beginning May 1, 2007, and concluding July 1, ((2011)) 2012, 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, ((2012)) 2013.
     (3) For purposes of this section and RCW 36.70A.5601, "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.
     (4) This section expires December 1, 2013.

Sec. 3   2010 c 203 s 3 (uncodified) is amended to read as follows:
     ((This act)) RCW 36.70A.5601 expires December 1, 2012.