Activities of the Legislature affecting farmers and ranchers in Washington state

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April 20, 2007

In This Issue

Legislature Passes GMA Relief for Farmers

With just two days remaining in the 2007 legislative session, the key issues remaining are all driven by budget negotiations between the House and Senate. The 2007 session will conclude on Sunday, April 22. 

Washington farmers will be protected from new Growth Management Act regulations through the end of 2011, if the governor signs the legislation that resulted from Washington Farm Bureau's efforts to stop buffers and other regulations harmful to farming operations. 

SSB 5248 will provide immediate relief from pending agricultural regulations and set up a two-year discussion at the Ruckelshaus Center for Policy Resolution that will focus on voluntary measures. 

During the "time-out" and discussions, Farm Bureau will continue to advocate for the protection of legally existing agricultural activities from new regulations under the GMA. 

This legislation does not resolve the issue for farmers. It delays the central question of whether the state will provide farmers the certainty needed to keep farming. 

However, it is the best that the Legislature was willing to do, and it sets up a process that we believe will provide the answer to the central question: "Does the state of Washington want farms to thrive, or will it continue to regulate them out of business?" 

During the Initiative 933 campaign in 2006, the governor pledged to work out a solution to disputes over environmental laws (Seattle Times, Oct. 10, 2006). She said that she sympathized with the concerns behind the initiative and would work with the Legislature to find a solution, particularly for preserving farmland in Washington (Seattle Times, Aug. 4, 2006). 

Opponents to the Property Fairness Initiative made repeated comments during the campaign that they would support measures that would allow farmers to keep farming. 

That's why Washington Farm Bureau drafted SB 5248, which would have provided ongoing protection for agricultural activities on agricultural lands. The same protection already exists in the Shoreline Management Act. The SMA says that legally existing agricultural activities can continue and that new regulations cannot prohibit those activities nor require farmers to modify those activities. 

SB 5248 was sponsored by Sen. Brian Hatfield (D-Raymond). The bill passed with strong bipartisan support (32-17) in the Senate. 

The House Local Government Committee Chair, Rep. Geoff Simpson (D-Covington), held a hearing on SSB 5248, but announced at the beginning of the hearing that he was only willing to move a time-out bill out of his committee in spite of Washington Farm Bureau and others pressing for a vote on the Senate-passed bill.

On the House floor, Rep. Doug Ericksen (R-Ferndale) offered an amendment to go back to the Senate-passed language that would have provided the ongoing protection from new regulations. The amendment was defeated 53-44.

The compromise bill would establish a four-and-a-half-year time-out and Ruckelshaus discussions. It passed the House by a vote of 82-15, and the Senate concurred with those amendments by a vote of 45-2.

Farm Bureau is asking the governor to sign the bill as passed.

At the Ruckelshaus Center, Washington Farm Bureau will continue to advocate for the permanent protection of agriculture and for voluntary programs that provide incentives and flexibility for farmers.

In the discussions, we will provide data showing that farms are beneficial to the environment, economy, wildlife, and food and energy security, among other things. We will ask what improvements or conditions are deemed necessary and then work to create voluntary programs that will work for farmers and the environment alike. 

We will enter the process with a willingness to work with all parties, but we will not agree to sacrifice any farm, any right, any lifestyle. Instead, we'll ask the opponents of I-933 to keep their promises to work to preserve our family farms. 

In all aspects of this effort, Washington Farm Bureau will remain true to our farmers and our farmer-directed policy goal of exempting existing agriculture from new regulations under the GMA.

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Water Metering Update

If you are an irrigator in the Columbia Basin, you may receive a letter within the next few weeks from the Department of Ecology informing you that they are proceeding with efforts to secure water use measuring for the Basin. 

The effort is based on a December 2000 Thurston County Superior Court decision in American Rivers v. Ecology, which directed Ecology to develop a plan to secure water use measurement for the state, with a priority on sixteen "fish critical" basins.

This mandate has been blended with the landmark Columbia River Water Supply Development Program passed during the 2006 legislative session. The bill requires Ecology to publish aggregate water use data on its website by June 30, 2009. The goal is to measure 90 percent of the water diverted from the river by 2009. Ecology is encouraging water users to voluntarily assist in providing the aggregate data and is making grant money available for this purpose. The program is administered by Ecology, but grants will be secured through your local conservation district. 

If you receive a letter from Ecology and you have any questions, please feel free to contact John Stuhlmiller at Washington Farm Bureau at (360) 357-9975.

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Bills of Interest

The following is a list the bills we are currently tracking.

Health Care

Bill Description Status Sponsor Position Lobbyist
SHB 1337 Colorectal cancer mandate C 23 L 07 Kenney O C
EHB 1460 Mental health parity mandate C 8 L 07 Schual-Berke O C
E2SHB 1569 Forces small employers into state-run insurance pool S  Pres Signed Cody O C
E2SSB 5930 Governor's health care reform bill - oppose cmte amendmnt S  Conf grant Keiser O C
E2SSB 5958 Primary health care delivery H  Spkr Signed Keiser M C

 Labor and Employment  

Bill Description Status Sponsor Position Lobbyist
SHB 1244 Wages for workers' comp disability - banked hours S  Pres Signed Conway O F
SHB 1278 Lowers U/I rates for start-up companies C 51 L 07 Conway S F
SHB 1407 Flexible funding would improve ESD administration S  Pres Signed Conway S F
SHB 1500 Workers comp permanent partial disabilities Del to Gov Conway S F
HB 1501 allows L&I to waive overpayments in workers comp pensions Del to Gov Wood O F
HB 1666 Nurse Practitioners can treat workers comp cases Del to Gov Green S F
HB 1722 Physicians asst. can treat workers comp claims consistent with licensure S  Pres Signed Conway S F
EHB 2105 Workers' comp/prescriptions Del to Gov Conway S F
HB 2281 Shared leave S  Pres Signed Appleton M F
SSB 5053 Creates ombudsman for workers of self-insured employers Del to Gov Keiser O F
SSB 5087 Challenges the Constitutionality of Federal Real ID Act Del to Gov Haugen M F
ESSB 5290 Establishes workers' comp medical & chiro. advisory committee Del to Gov Keiser S F
SSB 5340 Expands definition of disability beyond ADA standards H  Passed 3rd Kline O F
ESSB 5373 Omnibus bill -- mandatory U/I contributions for business owners Del to Gov Kohl-Welles S F
SSB 5443 Workers' comp claims suppression Del to Gov Kohl-Welles O F
SSB 5653 Self employment assistance for unemployed workers H  Spkr Signed Kauffman S F
E2SSB 5659 Family & medical leave ins S  ref con/conf Keiser O F
ESB 5675 Increasing Minimum Workers' Comp Disability Benefits H  Spkr Signed Franklin O F
SSB 5676 Revising workers' comp time loss provisions Del to Gov Keiser O F
SSB 5688 Allowing attorneys to receive workers' comp claim notices earlier Del to Gov Kohl-Welles S F
SSB 5702 Employer must inform worker if worker is not covered by U/I H  Spkr Signed Benton S F
ESSB 5915 Newly registered businesses receive required employment posters H  Spkr Signed Honeyford S F
ESSB 5920 Workers' comp voc rehab -- increased benefits and opt out provision  Del to Gov Kohl-Welles S F

Land Use  

Bill Description Status Sponsor Position Lobbyist
SHB 1409 Forest practices jurisdiction by local governments S  Pres Signed Sullivan, B. S W
SHB 1458 Requires written notice for eminent domain actions C 68 L 07 Van De Wege S W
SHB 1561 Gives eminent domain powers to local govt. watershed groups S  2nd Reading Jarrett O W
2SHB 1636 Transfer of development rights review & recommendations S  Pres Signed Simpson M W
EHB 1648 Right-to-farm protections H  Spkr Signed Sullivan, B. S W
ESHB 2016 Provides right to repurchase land taken through eminent domain S  2nd Reading Springer S W
SSB 5108 Farmland preservation office Del to Gov Haugen S W
SSB 5248 Protects existing ag uses on ag lands H  Spkr Signed Hatfield S W
SSB 5315 Allowing access to private property during wild fires Del to Gov Schoesler S W
SB 5778 Counties must create shellfish protection programs Del to Gov Fraser M W
2SSB 5883 Forest land conversion to non-forestry uses Del to Gov Fraser S W

Other  

Bill Description Status Sponsor Position Lobbyist
HB 1077 Protects sensitive fish & wildlife data S  Pres Signed Blake S S
SHB 1304 Requires farm trucks to obtain US DOT numbers S  Pres Signed Kagi S S
HB 1416 Extends asparagus standard exception to 2009 Del to Gov Grant S C
ESHB 1756 Authorizing one additional hound hunting cougar season Del to Gov Kretz S S
SHB 1909 Protecting from the theft of specialized forest products S  3rd Reading Orcutt M S
ESB 5204 Animal health laws Del to Gov Rasmussen S C
SSB 5236 Public habitat and recreation lands management Del to Gov Parlette M W
ESSB 5312 Increases records requirements to deter metal property theft S  Passed FP Tom S W
ESB 5401 Licensing Christmas tree growers Del to Gov Rasmussen S C
SSB 5461 Allows DNR to continue contracting out to manage forest health Del to Gov Morton S S
SSB 5463 Increases the forest fire protection assessment Del to Gov Jacobsen M S
SSB 6141 3-tier forest health program, small landowner help if problem due to others H  Spkr Signed Jacobsen S S

Taxes and Budget

Bill Description Status Sponsor Position Lobbyist
ESHB 1092 Capital budget S  Conf grant Fromhold M C
ESHB 1094 Transportation budget 2007-09 S  Conf grant Clibborn M C
SHB 1128 Operating budget 2007-09 S  Passed 3rd Sommers M C
HB 1311 Small farm assistance program Del to Gov Grant S C
HB 1443 Utility tax deduction for transporting commodities S  Pres Signed Grant S C
SHB 1513 Modifies forest product B&O tax provisions C 48 L 07 Kessler S C
HB 1549 Wholesale unprocessed milk B&O tax exemption Del to Gov Linville S C
SHB 1805 Increases homestead exemption to $125,000 S  Pres Signed Morrell M C
HB 2032 Fruit and vegetable processing Del to Gov Takko S C
ESHB 2352 Exempts certain custom farming and other activities from B&O S  Pres Signed Grant S C
EHJR 4204 Simple majority to pass school levies, see SJR 8207 H  Filed Sec/St Schual-Berke O C
SSB 5207 Studies new taxes to fund freight-related infrastructure projects S  Passed FP Haugen O C
SSB 5463 Changes forest fire protection assessment rates Del to Gov Jacobsen M C

Water, Energy, and Environment  

Bill Description Status Sponsor Position Lobbyist
E2SHB 1303 Providing incentives to enhance use of cleaner energy H  ref/S recede Dickerson M S
SHB 1646 Allows WDFW to take fish samples on public lands or with permission/search warrant H  Spkr Signed Blake S S
ESSB 5372 Creating the Puget Sound Partnership H  Passed 3rd Rockefeller M S
SSB 5481 Funding a study of water conservation/supplies for rural villages C 39 L 07 Oemig M S
ESB 5669 Renewable fuel standards H  Spkr Signed Holmquist M S
ESSB 6001 Climate change H  Spkr Signed Pridemore M S
E2SSB 6117 Encouraging use of reclaimed water H  Spkr Signed Fraser M S

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Information Resources

Washington Farm Bureau: www.wsfb.com 
Legislative Information: www.leg.wa.gov 
Governor's Bill Actions: www.governor.wa.gov 
Legislative Hotline: (800) 562-6000

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