BILL REQ. #:  S-3529.1 

Read first time 01/13/2004.   Referred to Committee on Agriculture.

     AN ACT Relating to clarifying the meaning of ongoing agricultural activities; and amending RCW 70.94.743.

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

Sec. 1   RCW 70.94.743 and 2001 1st sp.s. c 12 s 1 are each amended to read as follows:
     (1) Consistent with the policy of the state to reduce outdoor burning to the greatest extent practical:
     (a) Outdoor burning ((shall)) is not ((be)) allowed in any area of the state where federal or state ambient air quality standards are exceeded for pollutants emitted by outdoor burning.
     (b) Outdoor burning ((shall)) is not ((be)) allowed in any urban growth area as defined by RCW 36.70A.030, or any city of the state having a population greater than ten thousand people if ((such)) the cities are threatened to exceed state or federal air quality standards, and alternative disposal practices consistent with good solid waste management are reasonably available or practices eliminating production of organic refuse are reasonably available. ((In no event shall such burning be allowed after December 31, 2000, except that)) Within the urban growth areas for cities having a population of less than five thousand people, that are neither within nor contiguous with any nonattainment or maintenance area designated under the federal clean air act, ((in no event shall)) such burning ((be)) is not allowed after December 31, 2006.
     (c) Notwithstanding any other provision of this section, outdoor burning may be allowed for the exclusive purpose of managing storm or flood-related debris. The decision to allow burning ((shall)) must be made by the entity with permitting jurisdiction as determined under RCW 70.94.660 or 70.94.755. If outdoor burning is allowed in areas subject to (a) or (b) of this subsection, a permit ((shall be)) is required, and a fee may be collected to cover the expenses of administering and enforcing the permit. All conditions and restrictions pursuant to RCW 70.94.750(1) and 70.94.775 apply to outdoor burning allowed under this section.
     (d) Outdoor burning that is normal, necessary, and customary to ongoing agricultural activities, that is consistent with agricultural burning authorized under RCW 70.94.650 and 70.94.656, is allowed within the urban growth area as defined in (b) of this subsection if the burning is not conducted during air quality episodes, or where a determination of impaired air quality has been made as provided in RCW 70.94.473, and the agricultural activities preceded the designation as an urban growth area.
     (2) "Ongoing agricultural activities" includes, but is not limited to, the burning of cultivated trees whether or not the owner or operator of the land intends to replant trees or other agricultural crops on the land, and the burning of agricultural crops to prevent and control pest and disease infestations.
     (3) "Outdoor burning" means the combustion of material of any type in an open fire or in an outdoor container without providing for the control of combustion or the control of emissions from the combustion.
     (((3))) (4) This section ((shall)) does not apply to silvicultural burning used to improve or maintain fire dependent ecosystems for rare plants or animals within state, federal, and private natural area preserves, natural resource conservation areas, parks, and other wildlife areas.