SENATE BILL REPORT
SB 6698
BYSenators 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
Senate Hearing Date(s):January 24, 1990; February 1, 1990
Majority Report: That Substitute Senate Bill No. 6698 be substituted therefor, and the substitute bill do pass.
Signed by Senators Metcalf, Chairman; Barr, Benitz, DeJarnatt, Kreidler, Owen, Patterson.
Senate Staff:Gary Wilburn (786-7453)
February 5, 1990
AS REPORTED BY COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES, FEBRUARY 1, 1990
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:
The banning of wood burning does not apply during times of a forecast episode.
After July 1, 1993, instead of 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, and thus prohibit burning during such periods.
Local air quality authorities may impose a fee not to exceed $10 on the sale of each solid fuel burning device, except masonry fireplaces, sold at retail to be installed in the authority's control area. The fee shall be used exclusively for the enforcement of the state's wood stove law.
Conditions for imposing a fee are provided, including preparation of a plan to ensure equitable enforcement, to provide collection procedures, and to avoid imposing fees on stoves that will be used outside the authority's area.
When the plan fails to meet the minimum standards, or the authority fails to substantially implement the plan, persons may file petitions in the superior court to restrain the authority from imposing or continuing to impose the fee. The authority must demonstrate to the court they will comply with the requirements for imposing a fee. Attorney's fees and costs shall be awarded to the petitioning party if the court determines that the authority has failed to meet the minimum requirements.
All fees collected by the retailer shall be remitted to the Department of Revenue in conjunction with the retail sales taxes. The Department of Revenue shall deduct 2 percent of the fees received for administration and collection expenses incurred by the department. The fee shall not be subject to sales taxes and use taxes.
EFFECT OF PROPOSED SUBSTITUTE:
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.
After July 1, 1995 a local air authority may limit wood burning within geographical areas, considering health affects and pollution affects of uncertified stoves and population density. This limitation does not apply to certified stoves. However, 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, $10 of which is to be remitted to the local air authority where the stove is sold, for enforcement of the wood stove program.
Appropriation: none
Revenue: none
Fiscal Note: requested
Senate Committee - Testified: Stu Clark, Department of Ecology (con); Gary Smith; Paul McBride, M.D., Washington State Allergy Society (con); Nancy Bagley, American Lung Association of Washington (con); Sam Sullivan, Washington Wood Energy Association (pro)