HB 1590 — Concerning the protection of composting from nuisance lawsuits.

H-4369.1SUBSTITUTEH-1098.1HOUSE HOUSE BILL 1590State of Washington65th Legislature2018Legislature2017 Regular SessionBy House Agriculture & Natural Resources (originally sponsored by Representatives Blake, Buys, Springer, Pettigrew, Dent, Lytton, Stanford, Chandler, Fitzgibbon, Schmick, Smith, Tarleton, and Muri)READMuriRead FIRSTfirst TIMEtime 02/02/18.AN01/24/17. ACT Relating to protection of composting from nuisance lawsuits;

amendingReferred RCWto 7.48.305;Committee on Agriculture & Natural Resources.AN ACT Relating to protection of composting from nuisance lawsuits;

and amending RCW 7.48.310;

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 7.48.3057.48.310 and 2009 c 200 s 23 are each amended to read as follows:(1)follows:For Notwithstandingthe anypurposes other provision of thisRCW chapter,7.48.305 agriculturalonly:(1) activities"Agricultural conductedactivity" onmeans farmlanda andcondition forestor practices,activity ifwhich consistentoccurs withon gooda agriculturalfarm andin forestconnection practiceswith andthe establishedcommercial priorproduction toof surroundingfarm nonagriculturalproducts and nonforestryincludes, activities,but areis presumed to be reasonable and shall not belimited foundto, tomarketed constituteproduce aat nuisanceroadside unlessstands the activity or practicefarm hasmarkets; a substantial adverse effect on public health and safety.

Notwithstandingnoise; any other provision of this chapter, composting, if consistent with good agricultural or forest practices, established prior to surrounding nonagricultural or 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.

Anodors; 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.

Ifdust; 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.--- END ---

fumes;

operation of machinery and irrigation pumps;

movement, including, but not limited to, use of current county road ditches, streams, rivers, canals, and drains, and use of water for agricultural activities;

ground and aerial application of seed, fertilizers, conditioners, and plant protection products;

keeping of bees for production of agricultural or apicultural products;

employment and use of labor;

roadway movement of equipment and livestock;

protection from damage by wildlife;

prevention of trespass;

construction and maintenance of buildings, fences, roads, bridges, ponds, drains, waterways, and similar features and maintenance of stream banks and watercourses;

and conversion from one agricultural activity to another, including a change in the type of plant-related farm product being produced.

The term includes use of new practices and equipment consistent with technological development within the agricultural industry.(2) "Farm" means the land, buildings, freshwater ponds, freshwater culturing and growing facilities, and machinery used in the commercial production of farm products.(3) "Farmland" means land or freshwater ponds devoted primarily to the production, for commercial purposes, of livestock, freshwater aquacultural, or other farm products.(4) "Farm product" means those plants and animals useful to humans and includes, but is not limited to, forages and sod crops, compost, dairy and dairy products, poultry and poultry products, livestock, including breeding, grazing, and recreational equine use, fruits, vegetables, flowers, seeds, grasses, trees, freshwater fish and fish products, apiaries and apiary products, equine and other similar products, or any other product which incorporates the use of food, feed, fiber, or fur.(5) "Forest practice" means any activity conducted on or directly pertaining to forestland, as that term is defined in RCW 76.09.020, and relating to growing, harvesting, or processing timber.

The term "forest practices" includes, but is not limited to, road and trail construction, final and intermediate harvesting, precommercial thinning, reforestation, fertilization, prevention and suppression of diseases and insects, salvage of trees, brush control, and owning land where trees may passively grow until one of the preceding activities is deemed timely by the owner.--- END ---