AN ACT Relating to the reduction of air pollution from forest debris burning; adding new sections to chapter 70.94 RCW; creating new sections; and declaring an emergency.

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

NEW SECTION. Sec. 1. In the interest of protecting the public and enhancing the state's forest lands, the legislature declares it to be the public policy of the state to provide for the maximum fire prevention activities and to promote to the fullest extent possible the repropagation of forest lands that have been harvested. The legislature recognizes that, in many situations, the prescribed burning of forest residue material is an important tool in accomplishing the objectives of the forest practices act, chapter 76.09 RCW. The legislature further recognizes that the excessive burning of forest residue can create major air pollution problems in the state and alternative methods of reducing forest debris should be undertaken whenever possible, including use of the debris as fuel for energy producing facilities and as raw material for finished products. Alternative methods for site preparation should also be encouraged. The legislature finds that the emissions from the burning of forest residue should be reduced in order to protect highly populated areas and areas designated as class I areas under the federal clean air act. The legislature also finds that in order to maximize reuse of forest debris material, new markets and uses must be fully investigated and utilized through government and private cooperative ventures.

NEW SECTION. Sec. 2. (1) After July 1, 1989, the department of natural resources shall not issue burning permits for forest debris removal in areas in, or within ten miles of, any designated area during the period from July 1st to October 1st of each year. "Designated area," as used in this section, means areas designated for protection under the department's smoke management plan established pursuant to this chapter.

(2) By June 15th of each year, the department of natural resources, in consultation with the department of ecology, shall determine if spring burning conditions have been such that adverse economic impacts are likely to occur as a result of the burning restrictions under subsection (1) of this section. With the concurrence of the director of the department of ecology, the department of natural resources may modify the restrictions imposed by subsection (1) of this section to the extent necessary to allow the burning of the required acreage. The department of natural resources shall develop rules to implement this subsection. All burning allowed under this subsection shall be performed in accordance with the smoke management plan.

(3) The department of natural resources shall revise rules relating to extreme fire hazards requiring isolation or reduction to encourage alternative uses and discourage the burning of forest debris.

NEW SECTION. Sec. 3. All burning of forest debris occurring during the period described in section 2(1) of this act and on days classified as visibility important days must be done in a manner that provides protection to class I areas designated under section 162(a) of the federal clean air act.

NEW SECTION. Sec. 4. (1) The department of natural resources, in conjunction with the department of ecology shall modify the state's smoke management plan affecting all slashburners to achieve the greatest reasonable reduction of smoke from the burning of forest debris.

(2) The revised plan shall include:

(a) An element to provide protection of class I areas as required by congress, pursuant to section 162(a) of the federal clean air act (42 U.S.C. Sec. 7470).

(b) A reduction of the allowable tonnage as contained in the Washington smoke management plan to provide increased protection to the state's designated areas.

(c) A strategy to reduce the amount of forest debris burning that occurs as a result of rules relating to extreme fire hazards requiring isolation or reduction.

(d) A revision to the designated area boundaries to reflect growth in the state's population and to provide better protection to these areas.

(3) The department of natural resources and the department of ecology shall report to the legislature on their implementation of this act by December 1, 1989.

(4) The agencies shall encourage the participation of industry, the environmental community, the federal government, and state and local entities in revising the plan.

NEW SECTION. Sec. 5. (1) A task force shall be established consisting of representatives of the departments of natural resources, ecology, trade and economic development, and general administration, a representative of the cities of the state, a representative of the counties of the state, a representative of the state energy office, a representative of the forest industry, a representative of the public, and a designee from the United States forest service. In addition, the task force shall invite representatives of the state of Oregon and the Canadian government to participate in the task force on an ad hoc basis. The department of natural resources shall chair the task force. The task force shall:

(a) Identify methods of increasing the domestic and overseas markets for forest debris;

(b) Assess the feasibility of using forest debris to provide energy at state-owned facilities;

(c) Assess the feasibility of reducing forest debris by its use in municipal solid waste incinerators and industrial fuel plants;

(d) Identify other methods of reducing the amount of forest debris burned and subsequent emissions in the state, including economic incentives and refinement of burning techniques;

(e) Develop guidelines that forest managers can use in analyzing alternatives that would not require burning when conducting site preparation activities following harvesting.

(2) By November l, 1989, the task force shall submit a report to the legislature, including recommendations on the objectives described in subsection (1) of this section.

(3) This section shall expire on December 31, 1989.

NEW SECTION. Sec. 6. Sections 2 and 3 of this act are each added to chapter 70.94 RCW.

NEW SECTION. Sec. 7. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.