FINAL BILL REPORT

SSB 6698

PARTIAL VETO

                              C 128 L 90

BYSenate Committee on Environment & Natural Resources (originally sponsored by Senators Metcalf, DeJarnatt, Nelson, Sutherland, Barr, Bauer, Bluechel, Stratton, Patterson, Hansen, Anderson, Madsen, Bailey, McCaslin, Owen, Conner and Benitz)

Imposing a fee on the sale of solid fuel burning devices.

Senate Committee on Environment & Natural Resources

House Committe on Environmental Affairs

Rereferred House Committee on Revenue

SYNOPSIS AS ENACTED

BACKGROUND:

Under the Washington Clean Air Act, the burning of wood in any solid fuel heating device is prohibited when the Department of Ecology determines that an air pollution "episode" exists in a particular area.

The existence of an air pollution episode may occur at the following stages:  (a) forecast, (b) alert, (c) warning, (d) emergency, and such intermediate stages as the department shall designate.  "Forecast" means the presence of meteorological conditions that are conducive to accumulation of air contaminants and is the first stage of an episode.  "Alert" means concentration of air contaminants at levels at which short-term health effects may occur.  Statutory definitions are also provided for the third and fourth levels as well. 

In addition to department determination of episodes, either the department or a regional air pollution control authority may determine that an "impaired air quality" condition exists for an area, which means that there are contaminant concentrations nearing unhealthful levels concurrently with meteorological conditions that are conducive to an accumulation of air contamination. 

When any stage of an "episode" is declared, burning of both certified and uncertified stoves is banned in that area.  When an "impaired air quality" condition is declared, the burning of uncertified wood stoves is banned.

On December 11, 1989, the department called a statewide "forecast" air quality episode which banned the use of all solid fuel burning devices.

After July 1, 1990 the department may determine if there is quantitative evidence that wood stoves which meet the requirements of statewide emission performance standards are contributing to impaired air quality.  If this is determined to be the case, the department or any authority may prohibit burning of all solid fuel burning devices during an impaired air quality occurrence, including those meeting the requirements of statewide emission performance standards.

SUMMARY:

Certified wood stoves and wood pellet stoves, certified or exempt from certification under federal regulations, are not limited from burning during an impaired air quality condition called for a geographic area by a local air authority or the Department of Ecology.  A first stage of such condition is reached when particulates reach 75 micrograms per cubic meter or eight parts per million of carbon dioxide.  All wood burning is banned during a second stage of impaired air quality, reached when particulates reach 105 micrograms per cubic meter.  Ecology may not declare a forecast episode before a first or second-stage impaired air quality condition has been called.

After July 1, 1995 a local air authority may limit wood burning within geographical areas, considering health effects and pollution effects of uncertified stoves and population density.  This limitation does not apply to certified stoves.  A low-income exemption is to be provided from this limitation. In such geographic areas, no wood stoves may be burned where another adequate source of heat is available, when particulates reach 90 micrograms per cubic meter or carbon dioxide reaches eight parts per million.

The Department of Ecology may set a fee of up to $15 on the sale of new stoves, which is to be used for wood stove education and enforcement.  The Joint Select Task Force on Clean Air to be established by other 1990 legislation is to review implementation of this act and review and make recommendations regarding advancing technology to further reduce emissions from wood stoves.

VOTES ON FINAL PASSAGE:

     Senate   42    6

     House 79 18 (House amended)

     Senate   35    5 (Senate concurred)

EFFECTIVE:June 7, 1990

Partial Veto Summary:  Section 1 of the bill refers to a bill that did not pass the Legislature that would have created a joint select task force on clean air.  Since the task force does not exist, section 1 is vetoed.  (See VETO MESSAGE)