BILL REQ. #:  S-2512.2 

READ FIRST TIME 03/05/07.   

     AN ACT Relating to outdoor burning in urban growth areas of certain small cities; and amending RCW 70.94.743.

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

Sec. 1   RCW 70.94.743 and 2004 c 213 s 1 are each amended to read as follows:
     (1) Consistent with the policy of the state to reduce outdoor burning to the greatest extent practical:
     (a) Outdoor burning shall not be allowed in any area of the state where federal or state ambient air quality standards are exceeded for pollutants emitted by outdoor burning.
     (b)(i) After December 31, 2000, outdoor burning shall not be allowed in any urban growth area as defined by RCW 36.70A.030, or any city of the state having a population greater than ten thousand people if such cities are threatened to exceed state or federal air quality standards, and alternative disposal practices consistent with good solid waste management are reasonably available or practices eliminating production of organic refuse are reasonably available, except as provided in (b)(ii) and (iii) of this subsection.
     ((In no event shall such burning be allowed)) (ii) After December 31, ((2000)) 2006, ((except that)) outdoor burning is not allowed within the urban growth areas for cities having a population of less than five thousand people((, that are neither within nor contiguous with any nonattainment or maintenance area designated under the federal clean air act, in no event shall such burning be allowed after December 31, 2006)).
     (iii) However, in counties that do not contain any nonattainment or maintenance areas designated under the federal clean air act for pollutants emitted by outdoor burning, such burning may continue to be allowed until July 1, 2008, within the urban growth areas, as defined in RCW 36.70A.030, for cities having a population of less than two thousand five hundred people, as determined by the office of financial management, if the city legislative authority, after public hearing and due public involvement process, through majority vote, decides to allow burning to continue. Cities electing to continue burning must submit vegetative waste management plans to the department by June 30, 2008, that identify adopted alternative practices to burning and begin implementing alternative practices by July 1, 2008.
     (iv) If additional funding for alternatives to burning is provided through the coordinated prevention grant program in the 2007-2009 biennium grant cycle, those cities not electing to continue burning under (b)(iii) of this subsection must receive highest priority for available grant dollars.
     (c) The department shall convene a work group with representatives of affected stakeholders to assess opportunities, other than burning, to manage vegetative solid waste and recommend best management practices, consistent with good solid waste management practices, that work for smaller communities. The work group recommendations must be completed by December 31, 2007. The department shall provide the recommendations to the cities electing to continue burning under (b)(iii) of this subsection and to the appropriate standing committees of the legislature.
     (d) Notwithstanding any other provision of this section, outdoor burning may be allowed for the exclusive purpose of managing storm or flood-related debris. The decision to allow burning shall be made by the entity with permitting jurisdiction as determined under RCW 70.94.660 or 70.94.755. If outdoor burning is allowed in areas subject to (a) or (b) of this subsection, a permit shall be required, and a fee may be collected to cover the expenses of administering and enforcing the permit. All conditions and restrictions pursuant to RCW 70.94.750(1) and 70.94.775 apply to outdoor burning allowed under this section.
     (((d))) (e)(i) Outdoor burning that is normal, necessary, and customary to ongoing agricultural activities, that is consistent with agricultural burning authorized under RCW 70.94.650 and 70.94.656, is allowed within the urban growth area as defined in (b) of this subsection if the burning is not conducted during air quality episodes, or where a determination of impaired air quality has been made as provided in RCW 70.94.473, and the agricultural activities preceded the designation as an urban growth area.
     (ii) Outdoor burning of cultivated orchard trees, whether or not agricultural crops will be replanted on the land, shall be allowed as an ongoing agricultural activity under this section if a local horticultural pest and disease board formed under chapter 15.09 RCW, an extension office agent with Washington State University that has horticultural experience, or an entomologist employed by the department of agriculture, has determined in writing that burning is an appropriate method to prevent or control the spread of horticultural pests or diseases.
     (2) "Outdoor burning" means the combustion of material of any type in an open fire or in an outdoor container without providing for the control of combustion or the control of emissions from the combustion.
     (3) This section shall not apply 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.