AN ACT Relating to open
burning of grasses grown for seed; amending RCW 70.94.656 and 70.94.120; and
declaring an emergency.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 70.94.656 and 1991
sp.s. c 13 s 28 are each amended to read as follows:
It is hereby declared
to be the policy of this state that strong efforts should be made to minimize
adverse effects on air quality from the open burning of field and turf grasses
grown for seed. To such end this section is intended to promote the development
of economical and practical alternate agricultural practices to such burning,
and to provide for interim regulation of such burning until practical
alternates are found.
(1) The department
shall approve of a study or studies for the exploration and identification of
economical and practical alternate agricultural practices to the open burning
of field and turf grasses grown for seed. Any study conducted pursuant to
this section shall be conducted by Washington State University. The university
may not charge more than eight percent for administrative overhead. Prior
to the issuance of any permit for such burning under RCW 70.94.650, there shall
be collected a fee not to exceed one dollar per acre of crop to be burned. Any
such fees received by any authority shall be transferred to the department of
ecology. The department of ecology shall deposit all such acreage fees in a
special grass seed burning research account, hereby created, in the state
treasury.
(2) The
department shall allocate moneys annually from this account for the support of
any approved study or studies as provided for in ((this)) subsection (1)
of this section. ((For the conduct of any such study or studies, the
department may contract with public or private entities: PROVIDED, That)) Whenever
the department of ecology shall conclude that sufficient reasonably available
alternates to open burning have been developed, and at such time as all costs
of any studies have been paid, the grass seed burning research account shall be
dissolved, and any money remaining therein shall revert to the general fund.
The fee collected under ((this)) subsection (1) of this section
shall constitute the research portion of fees required under RCW 70.94.650 for
open burning of grass grown for seed.
(((2))) (3)
Whenever on the basis of information available to it, the department after
public hearings have been conducted wherein testimony will be received and
considered from interested parties wishing to testify shall conclude that any
procedure, program, technique, or device constitutes a practical alternate
agricultural practice to the open burning of field or turf grasses grown for
seed, the department shall, by order, certify approval of such alternate.
Thereafter, in any case which any such approved alternate is reasonably
available, the open burning of field and turf grasses grown for seed shall be
disallowed and no permit shall issue therefor.
(((3))) (4)
Until approved alternates become available, the department or the authority may
limit the number of acres on a pro rata basis among those affected for which
permits to burn will be issued in order to effectively control emissions from
this source.
(((4))) (5)
Permits issued for burning of field and turf grasses may be conditioned to
minimize emissions insofar as practical, including denial of permission to burn
during periods of adverse meteorological conditions.
(6) By November 1,
1996, and every two years thereafter until grass seed burning is prohibited,
Washington State University shall submit to the appropriate standing committees
of the legislature a brief report assessing the potential of the university's
research to result in economical and practical alternatives to grass seed
burning.
Sec. 2. RCW 70.94.120 and 1969
ex.s. c 168 s 14 are each amended to read as follows:
(1) The city
selection committee of each county which is included within an authority shall
meet within one month after the activation of such authority for the purpose of
making its initial appointments to the board of such authority and thereafter
whenever necessary for the purpose of making succeeding appointments. All
meetings shall be held upon at least two weeks written notice given by the
county auditor to each member of the city selection committee of each county
and he shall give such notice upon request of any member of such committee. A
similar notice shall be given to the general public by a publication of such
notice in a newspaper of general circulation in such authority. The county
auditor shall act as recording officer, maintain its records and give
appropriate notice of its proceedings and actions.
(2) As an
alternative to meeting in accordance with subsection (1) of this section, the
county auditor may mail ballots by certified mail to the members of the city
selection committee, specifying a date by which to complete the ballot, and a
date by which to return the completed ballot. Each mayor who chooses to
participate in the balloting shall write in the choice for appointment, sign
the ballot, and return the ballot to the county auditor. Each completed ballot
shall be date-stamped upon receipt by the mayor or staff of the mayor of the
city or town. The timely return of completed ballots by a majority of the
members of each city selection committee constitutes a quorum and the common
choice by a majority of the quorum constitutes a valid appointment.
(3) Balloting shall
be preceded by at least two weeks' written notice, given by the county auditor
to each member of the city selection committee. A similar notice shall be
given to the general public by publication in a newspaper of general
circulation in the authority.The text of the
following section has been vetoed by the Governor. It is noted in bold italic.
*NEW
SECTION. Sec. 3. 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.
*Sec. 3
was vetoed. See message at end of chapter.
Note: Governor's
explanation of partial veto is as follows:
"I am returning
herewith, without my approval as to section 3, Senate Bill No. 5898 entitled:
"AN ACT Relating to open burning of grasses grown for seed;"
The subject of this legislation is research
for alternatives to grass seed burning. However, section 3 contains an
emergency clause indicating this act is necessary "for the immediate
preservation of the public peace, health or safety or support of state
government. Preventing this bill from being subject to a referendum under
Article II, section 1(b) of the state Constitution unnecessarily denies the
people of this state their power, at their own option, to approve or reject
this bill at the polls.
For this reason, I am vetoing section 3 of
Senate Bill No. 5898.
With the exception of
section 3, Senate Bill No. 5898 is approved."
