AN
ACT Relating to forest health and calculating emissions for silvicultural
burning; and amending RCW 70.94.665.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
70.94.665 and 1991 c 199 s 403 are each amended to read as follows:
(1)
The department of natural resources shall administer a program to reduce
state-wide emissions from silvicultural forest burning so as to achieve the
following minimum objectives:
(a)
Twenty percent reduction by December 31, 1994 providing a ceiling for emissions
until December 31, 2000; and
(b)
Fifty percent reduction by December 31, 2000 providing a ceiling for emissions
thereafter.
Reductions
shall be calculated from the average annual emissions level from calendar years
1985 to 1989, using the same methodology for both reduction and base year
calculations.
(2)
The department of natural resources, within twelve months after May 15, 1991,
shall develop a plan, based upon the existing smoke management agreement to
carry out the programs as described in this section in the most efficient,
cost-effective manner possible. The plan shall be developed in consultation
with the department of ecology, public and private landowners engaged in
silvicultural forest burning, and representatives of the public.
The
plan shall recognize the variations in silvicultural forest burning including,
but not limited to, a landowner's responsibility to abate an extreme fire
hazard under chapter 76.04 RCW and other objectives of burning, including
abating and preventing a fire hazard, geographic region, climate, elevation and
slope, proximity to populated areas, and diversity of land ownership. The plan
shall establish priorities that the department of natural resources shall use
to allocate allowable emissions, including but not limited to, silvicultural
burning used to improve or maintain fire dependent ecosystems for rare plants
or animals within state, federal, and private natural area preserves, natural
resource conservation areas, parks, and other wildlife areas. The plan shall
also recognize the real costs of the emissions program and recommend equitable
fees to cover the costs of the program.
The
emission reductions in this section are to apply to all forest lands including
those owned and managed by the United States. If the United States does not
participate in implementing the plan, the departments of natural resources and
ecology shall use all appropriate and available methods or enforcement powers
to ensure participation.
The
plan shall include a tracking system designed to measure the degree of progress
toward the emission reductions goals set in this section. The department of
natural resources shall report annually to the department of ecology and the
legislature on the status of the plan, emission reductions and progress toward
meeting the objectives specified in this section, and the goals of this chapter
and chapter 76.04 RCW.
(3)
If the December 31, 1994, emission reductions targets in this section are not
met, the department of natural resources, in consultation with the department
of ecology, shall use its authority granted in this chapter and chapter 76.04
RCW to immediately limit emissions from such burning to the 1994 target levels
and limit silvicultural forest burning in subsequent years to achieve equal
annual incremental reductions so as to achieve the December 31, 2000, target
level. If, as a result of the program established in this section, the
emission reductions are met in 1994, but are not met by December 31, 2000, the
department of natural resources in consultation with the department of ecology
shall immediately limit silvicultural forest burning to reduce emissions from
such burning to the December 31, 2000, target level in all subsequent years.
(4)
Emissions from silvicultural burning in eastern Washington that is conducted
for the purpose of restoring forest health or preventing the additional
deterioration of forest health are exempt from the reduction targets and
calculations in this section if the following conditions are met:
(a)
The landowner submits a written request to the department identifying the
location of the proposed burning and the nature of the forest health problem to
be corrected. The request shall include a brief description of alternatives to
silvicultural burning and reasons why the landowner believes the alternatives
not to be appropriate.
(b)
The department determines that the proposed silvicultural burning operation is
being conducted to restore forest health or prevent additional deterioration to
forest health; meets the requirements of the state smoke management plan to
protect public health, visibility, and the environment; and will not be
conducted during an air pollution episode or during periods of impaired air
quality in the vicinity of the proposed burn.
(c)
Upon approval of the request by the department and before burning, the
landowner is encouraged to notify the public in the vicinity of the burn of the
general location and approximate time of ignition.
(5) The department of ecology may conduct a limited, seasonal
ambient air quality monitoring program to measure the effects of forest health
burning conducted under subsection (4) of this section. The monitoring program
may be developed in consultation with the department of natural resources,
private and public forest landowners, academic experts in forest health issues,
and the general public.
