SENATE BILL REPORT

SB 5835

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Background: Washington's Clean Air Act specifies several restrictions upon outdoor burning, including burning conducted in urban growth areas (UGAs) designated by counties pursuant to the state Growth Management Act. UGAs are areas characterized by urban growth that are usually within cities.

The Clean Air Act is administered by the Department of Ecology (DOE) and local air authorities. DOE or a local air authority may prohibit burning of wood in solid fuel burning devices if it determines that an area is subject to impaired air quality.

Summary of Bill: Outdoor burning of organic debris ("outdoor burning") may be allowed on the first and third Saturdays in November within UGAs with a population of 10,000 people or less. The county legislative authority may choose not to allow outdoor burning.

Outdoor burning may not be allowed within UGAs that are subject to an air pollution episode. If DOE or a local air authority has made a determination of impaired air quality, outdoor burning may not be allowed within the UGA subject to that determination for the duration of impaired air quality.

If outdoor burning is prohibited on either the first or third Saturdays in November, outdoor burning must be allowed on the next Saturday when there is not an air pollution episode or determination of impaired air quality. If outdoor burning is prohibited on both the first and third Saturdays in November because of air pollution episodes, outdoor burning must be allowed on the following two Saturdays when there is not an air pollution episode or determination of impaired air quality.