AN ACT Relating to protection of composting from nuisance lawsuits; amending RCW 7.48.305; and creating a new section.

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

(a) Composting benefits Washington counties, cities, businesses, and residents by diverting tons of organic waste going to landfills, reducing solid waste costs, and lowering carbon emissions. Composting also yields a product integral to agricultural activities that can refurbish degraded farmlands and increase crop yields.

(b) As the state population increases and landfills and solid waste disposal become costlier, more communities are pursuing options to divert organic waste and reduce landfill requirements. Organic waste collection programs and facilities are critical to that effort, while also providing a valuable commodity to farmlands. However, nuisance lawsuits challenge the ability of these facilities to serve communities most in need.

(2) It is the legislature's intent to confirm that composting activities are recognized as agricultural activities and protected from nuisance lawsuits.

Sec. 2.  RCW 7.48.305 and 2009 c 200 s 2 are each amended to read as follows:

(1) Notwithstanding any other provision of this chapter, agricultural activities conducted on farmland and forest practices, if consistent with good agricultural and forest practices and established prior to surrounding nonagricultural and nonforestry activities, are presumed to be reasonable and shall not be found to constitute a nuisance unless the activity or practice has a substantial adverse effect on public health and safety. Notwithstanding any other provision of this chapter, composting, if consistent with good agricultural and forest practices, established prior to surrounding nonagricultural and nonforestry activities, and in compliance with county and city regulations, is presumed to be reasonable and shall not be found to constitute a nuisance unless the activity or practice violates county or city regulations or has a substantial adverse effect on public health and safety.

(2) Agricultural activities and forest practices undertaken in conformity with all applicable laws and rules are presumed to be good agricultural and forest practices not adversely affecting the public health and safety for purposes of this section and RCW 7.48.300. An agricultural activity that is in conformity with such laws and rules shall not be restricted as to the hours of the day or day or days of the week during which it may be conducted.

(3) The act of owning land upon which a growing crop of trees is located, even if the tree growth is being managed passively and even if the owner does not indicate the land's status as a working forest, is considered to be a forest practice occurring on the land if the crop of trees is located on land that is capable of supporting a merchantable stand of timber that is not being actively used for a use that is incompatible with timber growing. If the growing of trees has been established prior to surrounding nonforestry activities, then the act of tree growth is considered a necessary part of any other subsequent stages of forest practices necessary to bring a crop of trees from its planting to final harvest and is included in the provisions of this section.

(4) Nothing in this section shall affect or impair any right to sue for damages.

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