S-4500.1 _______________________________________________
SENATE BILL 6578
_______________________________________________
State of Washington 53rd Legislature 1994 Regular Session
By Senators Loveland and M. Rasmussen
Read first time 01/31/94. Referred to Committee on Ecology & Parks.
AN ACT Relating to preserving a strong agricultural economy; amending RCW 70.94.650; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that agricultural commodities are a fundamental element of the state economy. Several products sold internationally are especially vulnerable to factors that may indirectly increase commodity prices decreasing their competitiveness in international markets.
It is the intent of the legislature that fees imposed on agricultural burning take into consideration their economic impact on the agricultural commodities that underlie the local economy, and the implementation of best management practices to minimize air contaminant emissions.
Sec. 2. RCW 70.94.650 and 1993 c 353 s 1 are each amended to read as follows:
(1) Any person who proposes to set fires in the course of
(a) weed abatement,
(b) instruction in methods of fire fighting, except forest fire training, or
(c) agricultural
activities shall obtain a permit from an air pollution control authority, the
department of ecology, or a local entity delegated permitting authority under
RCW 70.94.654. General permit criteria of state-wide applicability shall be
established by the department, by rule, after consultation with the various air
pollution control authorities. Permits shall be issued under this section
based on seasonal operations or by individual operations, or both. All permits
shall be conditioned to insure that the public interest in air, water, and land
pollution and safety to life and property is fully considered. In addition to
any other requirements established by the department to protect air quality ((pursuant
to)) under other laws, applicants for permits must show that the
setting of fires as requested is the most reasonable procedure to follow in
safeguarding life or property under all circumstances or is otherwise reasonably
necessary to successfully carry out the enterprise in which the applicant is
engaged, or both. All burning permits will be designed to minimize air
pollution insofar as practical. Nothing in this section shall relieve the
applicant from obtaining permits, licenses, or other approvals required by any
other law. An application for a permit to set fires in the course of
agricultural burning for controlling diseases, insects, weed abatement or
development of physiological conditions conducive to increased crop yield,
shall be acted upon within seven days from the date such application is filed.
The department of ecology and local air authorities shall provide convenient
methods for issuance and oversight of agricultural burning permits. The
department and local air authorities shall, through agreement, work with
counties and cities to provide convenient methods for granting permission for
agricultural burning, including telephone, facsimile transmission, issuance
from local city or county offices, or other methods.
(2) Maximum permit
fees shall be assessed for burning under this section and shall be collected by
the department of ecology, the appropriate local air authority, or a local
entity delegated permitting authority ((pursuant to)) under RCW
70.94.654 at the time the permit is issued. All fees collected shall be
deposited in the air pollution control account created in RCW 70.94.015, except
for that portion of the fee necessary to cover local costs of administering a
permit issued under this section. Fees shall be set by rule by the permitting
agency at the level determined by the task force created by subsection (4) of
this section, but shall not exceed two dollars and fifty cents per acre to be
burned. After fees are established by rule, any increases in ((such)) the
fees shall be limited to annual inflation adjustments as determined by the
state office of the economic and revenue forecast council. A lower fee than
recommended by the task force may be set by the county in which the burning will
take place based on the extent that best management practices are implemented
within the county to minimize air contaminant emissions and the economic impact
of the fees on the agricultural economy of the county.
(3) Conservation districts and the Washington State University agricultural extension program in conjunction with the department shall develop public education material for the agricultural community identifying the health and environmental effects of agricultural outdoor burning and providing technical assistance in alternatives to agricultural outdoor burning.
(4) An
agricultural burning practices and research task force shall be established
under the direction of the department. The task force shall be composed of a
representative from the department who shall serve as chair; one representative
of eastern Washington local air authorities; three representatives of the
agricultural community from different agricultural pursuits; one representative
of the department of agriculture; two representatives from universities or
colleges knowledgeable in agricultural issues; one representative of the public
health or medical community; and one representative of the conservation
districts. The task force shall identify best management practices for reducing
air contaminant emissions from agricultural activities and provide ((such))
this information to the department and local air authorities. The task
force shall determine the level of fees to be assessed by the permitting agency
((pursuant to)) under subsection (2) of this section, based upon
the level necessary to cover the costs of administering and enforcing the
permit programs, to provide funds for research into alternative methods to
reduce emissions from ((such)) the burning, and to the extent possible
be consistent with fees charged for ((such)) burning permits in
neighboring states. The fee level shall provide, to the extent possible, for
lesser fees for permittees who use best management practices to minimize air
contaminant emissions. The task force shall identify research needs related to
minimizing emissions from agricultural burning and alternatives to ((such))
burning. Further, the task force shall make recommendations to the department
on priorities for spending funds provided through this chapter for research
into alternative methods to reduce emissions from agricultural burning.
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