District Legislative Efforts

The Spokane County Conservation District works with legislators and stakeholders from around the region and across the state to develop legislation that supports District programs. Activities have included supporting incentives to develop the biofuels industries, securing grant funds provided through the Conservation Commission, seeking funding mechanisms for Conservation District programs, and providing input on regulatory legislation related to conservation issues such as water quality, water rights, animal feeding lot operations, and salmon recovery.

2007 Legislative Session  Several bills dealing with conservation and agriculture passed this session:

• House Bill 1311  Retaining the small farm assistance program by removing the expiration date from existing law
• Senate Bill 5108  Creating the Office of Farmland Preservation - The legislature finds that the retention of agricultural land is desirable, not only to produce food and other products, but also to maintain our state economy and preferable environmental conditions. Commitment to the retention of agricultural land should be reflected at the state policy level by the creation of an office of farmland preservation within the state Conservation Commission to support the retention of farmland and the viability of farming for future.  This bill was funded at $500,000 to get the office operational.  There are two FTE’s created.
• Senate Bill 5248 Preserving the viability of agricultural lands - The bill amends RCW 36.70A.060 so that critical area ordinances and development regulations developed or amended by local governments may not prohibit legally existing agricultural activities occurring on agricultural land, as defined in RCW 90.58.065, and may not require removal of agricultural land from production.
• House Bill 1648 Relating to agricultural operations, activities, and practices - Amends RCW 7.48.310  RCW 7.48.305 to the effect that the legislature finds that agricultural operations are often subjected to nuisance lawsuits. The legislature also finds that such lawsuits hasten premature conversion of agricultural lands to other uses. The legislature further finds that farm operations must be able to adopt new technologies and diversify into new crops and products if the agricultural industry is to survive and agricultural lands are to be conserved. Therefore, the legislature intends to enhance the protection of agricultural operations and activities from nuisance lawsuits, and to further the clear legislative directive of the state growth management act to maintain and enhance the agricultural industry and conserve productive agricultural lands.
• House Bill 1137  Water Quality Capital Account - Adds a new section to chapter 70.146 RCW, establishing the water quality capital account that may only be used: (a) To make grants or loans to public bodies, including grants to public bodies as cost-sharing moneys in any case where federal, local, or other moneys are made available on a cost-sharing basis, for the capital component of water pollution control facilities and activities; (b) for purposes of assisting a public body to obtain an ownership interest in water pollution control facilities; or (c) to defray any part of the capital component of the payments made by a public body to a service provider under a service agreement entered into under RCW 70.150.060.
• House Bill 1303  Cleaner Energy – incentives for cleaner vehicles - A large bill focused on cleaner energy and fuels for vehicle. Provisions include changes in the clean school bus program, allowing cellulosic ethanol facilities to receive funding under the energy freedom program, allowing state entities to enter into crop purchase contracts, establishing a vehicle electrification work group, funding studies on health effects of global climate change and research on trading systems for greenhouse gases. Also provides $20 million for fuel station development; research into crop insurance programs, market incentives for in-state brassica production, etc.
• Senate Bill 5009  Exempts biodiesel fuel used for farm use from sales and use tax by amending RCW 82.08.865 and 82.12.865 This puts biodiesel in the same category as petroleum.  Farm diesel was exempted from the state sales and use tax during the 2005 session.
• Senate Bill 5113   Barley straw for water clarification - Adds a  new section to chapter 90.48 RCW so that the application of barley straw to waters of the state for the purposes of water clarification does not require a state waste discharge permit as long as several provisions are met. 
• House Bill 1443  Utility tax deduction for transportation of ag commodities - Establishes a public utility tax deduction for the transportation of agricultural commodities.
• House Bill 5461  Forest health - The bill makes permanent DNR's authority to conduct contract harvest timber sales, or other silvicultural treatments, in areas of trust forestland where DNR has identified forest health deficiencies. DNR must prioritize forest health treatments, if no management or landscape plan exists, in order to protect public health and safety, public resources, and the long-term asset value of the trust.
• Senate Bill 5463 Forest fire protection fees - The bill increases the current forest fire protection assessment rate from: (1)$14.50 to $17.50 for each parcel; and (2) $.25 to $.27 on each acre exceeding 50 acres.  The bill also adjusts the refund formula for eligible landowners consistent with the $3 per parcel and two cent per acre assessment rate increase.

2006 Legislative Session The session proved to be a busy one for legislators and conservation districts.

There were several highlights for Conservation District's and landowners:

• Senate Bill 6617: The bill shields most farm plans held by Conservation Districts from public disclosure.
• House Bill 3222: The bill modifies the excise tax exemptions presently in place for handling and processing of livestock manure. A tax exemption is available to eligible farm entities that implement manure management practices. Eligible entities include dairies with certified farm plans, NPDES permit holders and now other animal feeding operations that implement manure management practices meeting NRCS standards.
• House Bill 2424: The bill provides a sales and use tax exemption for fuel used in farm operations (equipment, vehicles and airplanes).
• House Bill 2457: The bill authorizes a sales and use tax exemption for replacement parts used in farm machinery and equipment.
• Senate Bill 5179: A work group is formed by this bill to study opportunities to improve forest health issues and assist the Commissioner of Public Lands in developing a strategic plan.
• House Bill 2651: This bill deals with the public disclosure of certain livestock information. Exempted from public disclosure are - certain animal premise, identification, and movement data, as well as associated passwords and linkages, used to meet requirements of a state or national animal identification system; and animal testing information submitted voluntarily to the state Department of Agriculture, except for completed reportable disease investigations found to be positive.

Biofuels legislation took a high-profile during the session, but the Legislature ultimately passed only two major provisions. The supplemental capitol budget provides $17 million to help fund biofuels projects, such as biodiesel and ethanol production facilities, oilseed crushers, and anaerobic digesters. The bulk of the funds will be provided as low-interest loans, with the potential for some grant funding. Of the $17 million, $10.25 million is earmarked for 5 biodiesel production or oilseed crushing projects selected by the Legislature. The Legislature also established a minimum renewable fuel content requirement for biodiesel and ethanol fuels with the passage of Senate Bill 6508. In summary, a minimum of 2% of the diesel fuel volume sold in the state must be biodiesel and 2% of the gasoline volume sold in the state must be ethanol starting no later than December 1, 2008.

The Legislature also passed a ban on phosphates in dishwashing detergent. House Bill 2322, sponsored by Spokane-area Legislator Timm Ormsby, prohibits the sale of dishwashing detergents containing 0.5 percent or more phosphorous by weight. The prohibition takes affect in Spokane, Clark and Whatcom Counties in 2008 and across the state in 2010.

2005 Legislative Session In the shadow of debates over a state fuel tax increase, the Legislature passed many budget items of benefit to Conservation Districts. The Legislature funded $3.5 million for the Water Quality Implementation Grants Program, an increase over the Governor's proposed funding of $2 million. In addition, $1.6 million was appropriated for Districts to provide livestock technical assistance to landowners and $2.5 million for a livestock landowner cost-share program. Conservation Districts were also provide with an increase in Basic Funding of $200,000. Two bills of interest were also passed. House Bill 1461 changes the provisions for the conservation Assistance Revolving Account so that landowners signing up for the CRP's continuous Signup would have these loans available to them just as landowners signing up for the CREP program have now. House Bill 1462 will allow the conservation Commission some flexibility in allocating Basic Funding among Districts.

2004 Legislative Session  The District partnered with stakeholders across the state, including the Puget Sound Clean Cities Coalition, on several bills to provide incentives for alternative fuels and vehicles. Despite strong bipartisan support from legislators across the state, the bills failed to pass the Washington State Legislature due to a variety of factors, most of which are unrelated to the merits of the proposals. The bills would have provided tax incentives for the purchase of alternative fuel vehicles and the development of alternative fuel refueling stations, HOV lane access for alternative fuel vehicles, and a state fuel tax exemption for school districts on alternative fuels, including biodiesel.

2003 Legislative Session  This proved to be a very successful year for the District’s legislative activities, particularly in the area of on-farm energy production.

Washington State Approves Incentives Package for Biodiesel and Ethanol Fuels The Washington State Legislature and the Governor have approved passage of a package of bills designed to promote in-state production and use of biodiesel and ethanol fuels. The bills, sponsored by Rep. Brian Sullivan (D-21), were signed by Governor Gary Locke during April and May of 2003. House Bill 1240 was signed as part of a press conference, at which the Governor announced the signing of several pieces of legislation with significant environmental protections.

The "BioBug" Helps Promote Alternative Fuel Legislation at the State Capitol in 2003 The 'Clean Green Bio Machine' is a 2002 Volkswagen Beetle powered by 100% biodiesel. The 'Bio Machine' or 'Bio Bug' is owned by the Spokane County Conservation District (SCCD) and was brought to the Capitol Campus in Olympia to help promote biodiesel and raise the awareness of several bills before the legislature designed to increase the market for biodiesel, ethanol and other alternative fuels and vehicles. The SCCD has been an active participant, along with the Puget Sound Clean Cities Coalition, in promoting alternative fuel and vehicle legislation.

State Legislature Passes Neighborhood Electric Vehicle Legislation in 2003 In the waning hours of the legislative session, lawmakers in Washington State passed Senate Bill 5450, which allows for the licensing of neighborhood electric vehicles (NEVs) for on-road use. The bill now moves to the Governor for consideration.

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