AN ACT Relating to woodstove emissions; and adding a new chapter to Title 70 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, it is declared to be the public policy of the state to control, reduce, and prevent air pollution caused by woodstove emissions. The legislature 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 wood fired appliance with a closed fire chamber which maintains an air-to-fuel ratio of less than thirty during the burning of ninety percent or more of the fuel mass consumed in the low firing cycle. The low firing cycle means less than or equal to twenty-five percent of the maximum burn rate achieved with doors closed or the minimum burn achievable.

NEW SECTION. Sec. 3. Before July 1, 1986, the department shall establish by rule:

(1) Emission performance standards for new woodstoves;

(2) Criteria and procedures for testing a new woodstove for compliance with the emission performance standards;

(3) A program administered by the department to certify a new woodstove that complies with the emission performance standards when tested by an independent testing laboratory, according to the criteria and procedures established in subsection (2) of this section;

(4) A program, including testing criteria and procedures, to rate the heating efficiency of a new woodstove;

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

(6) The application fee to be submitted to the department by a manufacturer, dealer, or seller applying for certification of a woodstove.

NEW SECTION. Sec. 4. To aid and advise the department in the adoption of emission performance standards and testing criteria, the department may establish an advisory committee. The members of the advisory committee shall include, but need not be limited to, representatives from Washington woodstove manufacturers.

NEW SECTION. Sec. 5. (1) After July 1, 1986, a woodstove manufacturer or dealer may request the department to evaluate the emission performance of a new woodstove.

(2) The department shall establish by rule the amount of the fee that a manufacturer or dealer must submit with each request to evaluate a woodstove.

(3) A new woodstove may be certified at the conclusion of an evaluation and before July 1, 1988, if:

(a) The department finds that the emission levels of the woodstove comply with the established emission standards; and

(b) The woodstove manufacturer or dealer submits the application for certification fee established by the commission under section 3 of this act.

(4) As used in this section, "evaluate" means to review a woodstove's emission levels as determined by an independent testing laboratory, and compare the emission levels of the woodstove to the emission standards established by the department under section 3 of this act.

NEW SECTION. Sec. 6. On and after July 1, 1988, a person shall not advertise to sell, offer to sell, or sell a new woodstove in this state unless:

(1) The woodstove has been tested to determine its emission performance and heating efficiency;

(2) The woodstove is certified by the department under the program established under section 3 of this act; and

(3) An emission performance and heating efficiency label is attached to the woodstove.

NEW SECTION. Sec. 7. (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, bargained, exchanged, given away, or has had its ownership transferred from the person who first acquired the woodstove from the manufacturer or the manufacturer's dealer or agency, and so used to have become what is commonly known as "second hand" within the ordinary meaning of that term.

NEW SECTION. Sec. 8. The department shall use a portion of the net emission reductions in an airshed achieved by the woodstove certification program to provide room in the airshed for emissions associated with commercial and industrial growth.

NEW SECTION. Sec. 9. Sections 1 through 8 of this act shall constitute a new chapter in Title 70 RCW.