H-1477              _______________________________________________

                                                   HOUSE BILL NO. 1122

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Padden, Taylor and Bond

Read first time 2/8/85. Referred to Committee on Agriculture 2/11/85.

AN ACT Relating to open burning of seed grass; and amending RCW 70.94.656.

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

        Sec. 1.  Section 7, chapter 193, Laws of 1973 1st ex. sess. and RCW 70.94.656 are each amended to read as follows:

          It is hereby declared to be the policy of this state that strong efforts should be made to minimize adverse effects on air quality from the open burning of field and turf grasses grown for seed.  To such end this section is intended to promote the development of economical and practical alternate agricultural practices to such burning, and to provide for interim regulation of such burning until practical alternates are found.

          (1) The department shall approve of a study or studies for the exploration and identification of economical and practical alternate agricultural practices to the open burning of field and turf grasses grown for seed.  Prior to the issuance of any permit for such burning under RCW 70.94.650, there shall be collected a fee not to exceed ((fifty cents)) one dollar per acre of crop to be burned.  Any such fees received by any authority shall be transferred to the department of ecology.  The department of ecology shall deposit ((all)) fifty percent of such acreage fees in a special grass seed burning research account, hereby created, in the general fund.  The department shall allocate moneys annually from this account for the support of any approved study or studies as provided for in this subsection.  For the conduct of any such study or studies, the department may contract with public or private entities:  PROVIDED, That whenever the department of ecology shall conclude that sufficient reasonably available alternates to open burning have been developed, and at such time as all costs of any studies have been paid, the grass seed burning research account shall be dissolved, and any money remaining therein shall revert to the general fund.

The department of ecology shall deposit the remaining fifty percent of such acreage fees in the smoke management account hereby created in the general fund.  The department shall allocate moneys annually from this account for:  (a) The establishment of additional stations to measure wind speed and direction; (b) the installation of pilot balloons at burning sites to monitor wind and pollution; and (c) additional officers to check for illegal burning.  Money in this account shall be allocated for these purposes only to the county from which the money was collected.

          (2) Whenever on the basis of information available to it, the department after public hearings have been conducted wherein testimony will be received and considered from interested parties wishing to testify shall conclude that any procedure, program, technique, or device constitutes a practical alternate agricultural practice to the open burning of field or turf grasses grown for seed, the department shall, by order, certify approval of such alternate.  Thereafter, in any case which any such approved alternate is reasonably available, the open burning of field and turf grasses grown for seed shall be disallowed and no permit shall issue therefor.

          (3) Until approved alternates become available, the department or the authority may limit the number of acres on a pro rata basis among those affected for which permits to burn will be issued in order to effectively control emissions from this source.

          (4) Permits issued for burning of field and turf grasses may be conditioned to minimize emissions insofar as practical, including denial of permission to burn during periods of adverse meteorological conditions.