AN ACT Relating to woodstoves; and adding new sections to chapter 70.94 RCW.

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

NEW SECTION. Sec. 1. In the interest of the public health and welfare, and in keeping with the objectives of RCW 70.94.011, the legislature declares it to be the public policy of the state to control, reduce, and prevent air pollution caused by woodstove emissions. The legislature further declares it to be the public policy of the state to reduce woodstove emissions by encouraging the department of ecology to continue efforts to educate the public about the effects of woodstove emissions, and the desirability of achieving better woodstove emission performance and heating efficiency.

NEW SECTION. Sec. 2. Unless the context clearly requires to the contrary, the definitions in this section apply throughout this chapter.

(1) "Department" means the department of ecology.

(2) "Woodstove" means a solid fuel burning device other than a fireplace, including any fireplace insert, woodstove, wood burning heater, wood stick boiler, coal-fired furnace, coal stove, or similar device burning any solid fuel used for aesthetic, cooking, or space-heating purposes and designed to be installed or used in a private residence or commercial establishment, which burns less than one million btu's per hour.

NEW SECTION. Sec. 3. Before January 1, 1987, the department shall establish by rule:

(1) Emission performance standards for new woodstoves;

(2) A program to determine (a) whether a woodstove complies with the emission performance standards established in subsection (1) of this section, and (b) to approve the sale of stoves that comply;

(3) Application fees to be assessed by the department on wholesalers, retailers, or manufacturers of woodstoves. These fees will be set to reflect the direct and indirect cost of administering the program described in subsection (2) of this section less any general fund or federal grant moneys appropriated to cover the start-up costs of the program;

(4) Procedures for administering the program and for collecting fees for the approval of new woodstoves; and

(5) The form and content of an emission performance and heating efficiency label to be attached to a new woodstove meeting the emission performance standards.

In developing the rules, the department shall review regulations adopted by the federal government or other states and attempt to develop compatible regulations.

NEW SECTION. Sec. 4. The department shall establish a program to educate woodstove dealers and the public about:

(1) The effects of woodstove emissions on health and air quality;

(2) How to achieve better woodstove efficiency and emission performance;

(3) Woodstoves that have been approved by the department; and

(4) The benefits of replacing or retrofitting inefficient used woodstoves, as defined in section 2 of this act.

NEW SECTION. Sec. 5. The department shall establish an advisory committee to aid and advise the department in the adoption of emission performance standards and establish means to inform the public. The members of the advisory committee shall include, but shall not be limited to, Washington woodstove manufacturers and retailers.

NEW SECTION. Sec. 6. On and after January 1, 1988, no person shall advertise to sell, offer to sell, or sell a new woodstove in this state unless:

(1) The woodstove has been approved by the department under the program established under section 3 of this act and the proper application fee has been paid; and

(2) An emission performance and heating efficiency label is attached to the woodstove, according to section 3 of this act.

NEW SECTION. Sec. 7. If, on or after January 1, 1988, a person advertises to sell, offers to sell, or sells a new woodstove in this state which does not comply with the conditions in section 6 of this act, such person shall be subject to the penalties and enforcement actions under RCW 70.94.430, 70.94.431, and 70.94.435.

NEW SECTION. Sec. 8. The department shall provide assistance to local governments in developing strategies to reduce woodstove air pollution.

NEW SECTION. Sec. 9. (1) This chapter does not apply to a used woodstove.

(2) As used in this section, "used woodstove" means a woodstove that has been sold at retail, bargained, exchanged, given away, or has had its ownership transferred from the person who first acquired the woodstove from the manufacturer, the manufacturer's dealer or agency, or a retailer, and so used to have become what is commonly known as second hand within the ordinary meaning of that term.

NEW SECTION. Sec. 10. Sections 1 through 9 of this act shall be added to chapter 70.94 RCW.