6646-SAMSPOULS5196.1SSB 6646S AMD106By Senators Poulsen, DoumitADOPTED 02/13/2006 Strike everything after the enacting clause and insert thefollowing:Sec. RCW 70.94.743 and 2004 c 213 s 1 are each amended to readas follows: (1) Consistent with the policy of the state to reduce outdoorburning to the greatest extent practical: (a) Outdoor burning shall not be allowed in any area of the statewhere federal or state ambient air quality standards are exceeded forpollutants emitted by outdoor burning. (b) Outdoor burning shall not be allowed in any ((urban growth areaas defined by RCW 36.70A.030, or any)) city of the state having apopulation greater than ten thousand people if such cities arethreatened to exceed state or federal air quality standards, andalternative disposal practices consistent with good solid wastemanagement are reasonably available or practices eliminating productionof organic refuse are reasonably available. In no event shall suchburning be allowed ((after December 31, 2000, except that)) within((the)) urban growth areas as defined by RCW 36.70A.030, except thatwithin urban growth areas for cities having a population of less thanfive thousand people, that are neither within nor contiguous with anynonattainment or maintenance area designated under the federal cleanair act, ((in)) no ((event shall)) such burning shall be allowed afterDecember 31, ((2006)) 2008. (c) Notwithstanding any other provision of this section, outdoorburning may be allowed for the exclusive purpose of managing storm orfloodrelated debris. The decision to allow burning shall be made bythe entity with permitting jurisdiction as determined under RCW70.94.660 or 70.94.755. If outdoor burning is allowed in areas subjectto (a) or (b) of this subsection, a permit shall be required, and a feemay be collected to cover the expenses of administering and enforcing Official Print - 1 the permit. All conditions and restrictions pursuant to RCW70.94.750(1) and 70.94.775 apply to outdoor burning allowed under thissection. (d)(i) Outdoor burning that is normal, necessary, and customary toongoing agricultural activities, that is consistent with agriculturalburning authorized under RCW 70.94.650 and 70.94.656, is allowed withinthe urban growth area as defined in (b) of this subsection if theburning is not conducted during air quality episodes, or where adetermination of impaired air quality has been made as provided in RCW70.94.473, and the agricultural activities preceded the designation asan urban growth area. (ii) Outdoor burning of cultivated orchard trees, whether or notagricultural crops will be replanted on the land, shall be allowed asan ongoing agricultural activity under this section if a localhorticultural pest and disease board formed under chapter 15.09 RCW, anextension office agent with Washington State University that hashorticultural experience, or an entomologist employed by the departmentof agriculture, has determined in writing that burning is anappropriate method to prevent or control the spread of horticulturalpests or diseases. (2) "Outdoor burning" means the combustion of material of any typein an open fire or in an outdoor container without providing for thecontrol of combustion or the control of emissions from the combustion. (3) This section shall not apply to silvicultural burning used toimprove or maintain fire dependent ecosystems for rare plants oranimals within state, federal, and private natural area preserves,natural resource conservation areas, parks, and other wildlife areas.SSB 6646S AMDBy Senators Poulsen, DoumitADOPTED 02/13/2006 On page 1, line 2 of the title, after cities; strike theremainder of the title and insert and amending RCW 70.94.743.--- END --- Official Print - 2