FINAL BILL REPORT

SHB 1527

C 184 L 15

Synopsis as Enacted

Brief Description: Requiring the Washington state department of agriculture to approve the comparable recertification standards of private entities for the purposes of waiving the recertification requirements under the Washington pesticide control act.

Sponsors: House Committee on Agriculture & Natural Resources (originally sponsored by Representatives Dent, Blake, Buys and Van De Wege).

House Committee on Agriculture & Natural Resources

Senate Committee on Agriculture, Water & Rural Economic Development

Background:

The Washington Pesticide Control Act (Act) is administered by the Washington State Department of Agriculture (WSDA). The Act requires that pesticides distributed or transported within the state be registered with the WSDA and the Act imposes various license requirements related to working with pesticides.

Types of Licenses Issued Pursuant to the Act.

The following licenses are available under the Act:

• Pesticide dealer license: A license is required to act in the capacity of a pesticide dealer or advertise as or assume to act as a pesticide dealer. Pesticide dealers are people who distribute certain toxic pesticides.

• Pesticide dealer manager license: Any licensed pesticide dealer must be managed by a licensed pesticide dealer manager. A pesticide dealer manager is the owner or supervisor of a pesticide distribution outlet holding a pesticide dealer license. Qualifications include having knowledge of pesticide laws and rules, pesticide hazards, and the safe distribution, use, application, and disposal of pesticides, as demonstrated by passing a written examination.

• Structural pest inspector license: Structural pest inspectors conduct wood-destroying-organism inspections. Qualifications for a license include having knowledge of applicable laws and regulations, structural pest identification and damage, and conditions conductive to the development of wood destroying organisms, as demonstrated by passing a written examination.

• Pest control consultant license: Pest control consultants offer or provide technical advice or recommendations to users of certain toxic pesticides, except pesticides for home and garden use. Qualifications include having knowledge of pesticide laws and regulations, pesticide hazards, and the safe distribution, use, application, and disposal of pesticides, as demonstrated by passing a written examination.

• Public pest control consultant license: A license is required of any person who is employed by a governmental agency or unit to act as a pest control consultant.

Renewal of Licenses.

The WSDA may renew any license issued pursuant to the Act subject to recertification requirements. Every five years licensees must demonstrate that they meet the recertification standards to qualify for continuing licensure. Licensees must earn 40 recertification credits every five years or retake the examination. Recertification credits are earned by attending WSDA-approved courses.

However, at the end of a licensee's five-year recertification period, the WSDA may waive the recertification requirements if the licensee demonstrates that the licensee is meeting comparable recertification standards through another state or jurisdiction or a government agency plan that the federal Environmental Protection Agency has approved.

Summary:

The Washington State Department of Agriculture (WSDA) must waive the recertification requirement at the end of a licensee's five-year recertification period if the licensee demonstrates that the licensee meets comparable recertification standards through a private entity that the WSDA has approved. The WSDA is required to confer with private entities offering continuing education programs that include pest management credit accreditation and accumulation to develop an effective and efficient system to coordinate pest management credit accounting.  The pest management credit accounting system must be consistent with the goals and other requirements of the WSDA's pesticide license recertification programs.  If the WSDA and the private entities agree on the system's substantive provisions, the WSDA must develop an implementation strategy for private entities pursuing pesticide credit reciprocity.  The WSDA must submit a report to the Legislature by December 31, 2015, on the collaborative efforts, the system, and the WSDA's implementation strategy.

Votes on Final Passage: