1080-S.E

AN ACT Relating to exempting certain nonurban areas from outdoor burning permit requirements; amending RCW 70.94.745, 70.94.141, and 70.94.750; and declaring an emergency.

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

Sec. 1. RCW 70.94.745 and 1991 c 199 s 401 are each amended to read as follows:

(1) It shall be the responsibility and duty of the department of natural resources, department of ecology, department of agriculture, fire districts, and local air pollution control authorities to establish, through regulations, ordinances, or policy, a limited burning permit program ((~~for the people of this state, consisting of a one-permit system, until such time as~~)). The permit program shall apply to any urban area that is not otherwise prohibited from burning pursuant to RCW 70.94.743. Burning shall be prohibited in an area when an alternate technology or method((s)) of disposing of the organic refuse ((~~have been developed that are~~)) is available, reasonably economical, and less harmful to the environment as determined by the permitting entity. It is the policy of this state to foster and encourage development of alternate methods or technology for disposing of or reducing the amount of organic refuse.

(2) Fires burned for landclearing purposes may be conducted only after receiving a permit under this section.

(3) Residential burning conducted without a permit as provided by this section is subject to the burning restrictions in RCW 70.94.750 and 70.94.775.

(4) As used in this section, "urban area" means any unincorporated area within a county that is designated as an urban growth area under chapter 36.70A RCW.

In counties that have not designated urban growth areas under chapter 36.70A RCW, "urban area" means any incorporated city or town.

(5) The permit program may be limited to a general permit by rule or by verbal, written, or electronic approval by the permitting entity.

(6) Nothing in this section shall require fire districts to enforce air quality requirements related to outdoor burning, unless the fire district enters into an agreement with the department of ecology, the department of natural resources, a local air pollution control authority, or other appropriate entity to provide such enforcement.

(7) The burning of orchard prunings and irrigation ditches shall be considered outdoor burning for the purposes of this section and RCW 70.94.750.

Sec. 2. RCW 70.94.141 and 1991 c 199 s 706 are each amended to read as follows:

The board of any activated authority in addition to any other powers vested in them by law, shall have power to:

(1) Adopt, amend, and repeal its own rules and regulations, implementing this chapter and consistent with, and with regard to agricultural burning no more stringent than it, after consideration at a public hearing held in accordance with chapter 42.30 RCW. Rules and regulations shall also be adopted in accordance with the notice and adoption procedures set forth in RCW 34.05.320, those provisions of RCW 34.05.325 that are not in conflict with chapter 42.30 RCW, and with the procedures of RCW 34.05.340, 34.05.355 through 34.05.380, and with chapter 34.08 RCW, except that rules shall not be published in the Washington Administrative Code. Judicial review of rules adopted by an authority shall be in accordance with Part V of chapter 34.05 RCW. An air pollution control authority shall not be deemed to be a state agency.

(2) Hold hearings relating to any aspect of or matter in the administration of this chapter not prohibited by the provisions of chapter 62, Laws of 1970 ex. sess. and in connection therewith issue subpoenas to compel the attendance of witnesses and the production of evidence, administer oaths, and take the testimony of any person under oath.

(3) Issue such orders as may be necessary to effectuate the purposes of this chapter and enforce the same by all appropriate administrative and judicial proceedings subject to the rights of appeal as provided in chapter 62, Laws of 1970 ex. sess.

(4) Require access to records, books, files, and other information specific to the control, recovery, or release of air contaminants into the atmosphere.

(5) Secure necessary scientific, technical, administrative, and operational services, including laboratory facilities, by contract or otherwise.

(6) Prepare and develop a comprehensive plan or plans for the prevention, abatement, and control of air pollution within its jurisdiction.

(7) Encourage voluntary cooperation by persons or affected groups to achieve the purposes of this chapter.

(8) Encourage and conduct studies, investigation, and research relating to air pollution and its causes, effects, prevention, abatement, and control.

(9) Collect and disseminate information and conduct educational and training programs relating to air pollution.

(10) Advise, consult, cooperate, and contract with agencies and departments and the educational institutions of the state, other political subdivisions, industries, other states, interstate or interlocal agencies, and the United States government, and with interested persons or groups.

(11) Consult, upon request, with any person proposing to construct, install, or otherwise acquire an air contaminant source or device or system for the control thereof, concerning the efficacy of such device or system, or the air pollution problems which may be related to the source, device, or system. Nothing in any such consultation shall be construed to relieve any person from compliance with this chapter, ordinances, resolutions, rules, and regulations in force pursuant thereto, or any other provision of law.

(12) Accept, receive, disburse, and administer grants or other funds or gifts from any source, including public and private agencies and the United States government for the purpose of carrying out any of the functions of this chapter.

Sec. 3. RCW 70.94.750 and 1991 c 199 s 412 are each amended to read as follows:

The following outdoor fires described in this section may be burned subject to the provisions of this chapter and also subject to city ordinances, county resolutions, rules of fire districts and laws, and rules enforced by the department of natural resources if a permit has been issued by a fire protection agency, county, or conservation district:

(1) Fires consisting of leaves, clippings, prunings and other yard and gardening refuse, and fires consisting of paper, cardboard, and other paper products originating on lands immediately adjacent and in close proximity to a human dwelling and burned on such lands by the property owner or his or her designee.

(2) Fires consisting of residue of a natural character such as trees, stumps, shrubbery or other natural vegetation arising from land clearing projects or agricultural pursuits for pest or disease control; provided the fires described in this subsection may be prohibited in those areas having a general population density of one thousand or more persons per square mile.

NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.