H-1635.1          _______________________________________________

                            SUBSTITUTE HOUSE BILL 1080

                  _______________________________________________

State of Washington              54th Legislature             1995 Regular Session

By House Committee on Agriculture & Ecology (originally sponsored by Representatives Pennington, Chappell, McMorris, Carlson, Benton, McMahan, B. Thomas, Clements, Brumsickle, Boldt, Hatfield, Buck, Campbell, Delvin, Johnson, Sheldon, Mulliken, Kessler, Basich, Fuhrman, Morris, Huff, Honeyford, Chandler, Elliot, Schoesler and Sheahan)

Read first time 02/10/95.

Establishing an exemption to the outdoor burning permit program for certain nonurban areas.

     AN ACT Relating to exempting certain nonurban areas from outdoor burning permit requirements; amending RCW 70.94.745; 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.

NEW SECTION. Sec. 2.  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.

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