Print Friendly HOUSE BILL NO. 243 – Smoke mngmt, crop residue, disposal
HOUSE BILL NO. 243
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H0243...............................................by AGRICULTURAL AFFAIRS
SMOKE MANAGEMENT - Repeals and adds to existing law to provide for
instances when burning crop residue is permitted; and to provide for a
pilot program for Benewah and Kootenai counties.
02/15 House intro - 1st rdg - to printing
02/16 Rpt prt - to Agric Aff
02/25 Rpt out - rec d/p - to 2nd rdg
02/26 2nd rdg - to 3rd rdg
03/01 3rd rdg - PASSED - 59-10-1
AYES -- Alltus, Barraclough, Barrett, Bell, Black, Boe, Bruneel,
Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley, Hammond,
Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd,
Kellogg, Kunz, Lake, Limbaugh, Linford, Mader, McKague, Meyer,
Montgomery, Mortensen, Moyle, Pischner, Pomeroy, Reynolds, Ridinger,
Sali, Schaefer, Sellman, Smith, Smylie, Stevenson, Stone, Tilman,
Tippets, Trail, Watson, Wheeler, Williams, Zimmermann, Mr Speaker
NAYS -- Bieter, Geddes, Kempton, Kendell, Loertscher, Ringo, Robison,
Stoicheff, Taylor, Wood
Absent and excused -- Marley
Floor Sponsor - Mader
Title apvd - to Senate
03/02 Senate intro - 1st rdg - to Agric Aff
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/11 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler, Whitworth
Absent and excused--Parry
Floor Sponsor - Keough
Title apvd - to House
03/12 To enrol
03/15 Rpt enrol - Sp signed
03/16 Pres signed - to Governor
03/26 Governor signed
Session Law Chapter 378
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature First Regular Session - 1999
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 243
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE REGULATION OF SMOKE MANAGEMENT AND CROP RESIDUE DISPOSAL;
3 REPEALING CHAPTER 23, TITLE 39, IDAHO CODE; AMENDING TITLE 22, IDAHO CODE,
4 BY THE ADDITION OF A NEW CHAPTER 48, TITLE 22, IDAHO CODE, TO PROVIDE A
5 STATEMENT OF LEGISLATIVE FINDINGS AND INTENT, TO DEFINE TERMS, TO PROVIDE
6 FOR INSTANCES WHEN BURNING OF CROP RESIDUE IS ALLOWED AND TO PROVIDE FOR A
7 SPECIFIC PROGRAM FOR BENEWAH AND KOOTENAI COUNTIES.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Chapter 23, Title 39, Idaho Code, be, and the same is
10 hereby repealed.
11 SECTION 2. That Title 22, Idaho Code, be, and the same is hereby amended
12 by the addition thereto of a NEW CHAPTER , to be known and desig-
13 nated as Chapter 48, Title 22, Idaho Code, and to read as follows:
14 CHAPTER 48
15 SMOKE MANAGEMENT AND CROP RESIDUE DISPOSAL
16 22-4801. LEGISLATIVE FINDINGS AND INTENT. The legislature finds that the
17 current knowledge and technology support the practice of burning crop residue
18 to control disease, weeds, pests, and to enhance crop rotations. It is the
19 intent of the legislature to promote agricultural activities. Currently some
20 of those activities include crop residue burning. The director of the Idaho
21 department of agriculture may promulgate rules relating to crop residue burn-
22 ing under this chapter. Further, the legislature encourages the Idaho depart-
23 ment of agriculture and the Idaho department of health and welfare, division
24 of environmental quality to cooperate with the agricultural community and
25 establish voluntary smoke management and crop residue burning programs. The
26 legislature encourages the Idaho department of agriculture and the agricul-
27 tural community to pursue alternative means to crop residue disposal. Nothing
28 in this chapter shall prohibit the Idaho department of health and welfare,
29 division of environmental quality from enforcing the environmental protection
30 and health act, chapter 1, title 39, Idaho Code, and the rules promulgated
31 pursuant thereto, as they relate to air quality and protection of the state
32 and national ambient air quality standards.
33 22-4802. DEFINITIONS. In this chapter:
34 (1) "Adequate smoke dispersion" means that favorable meteorological and
35 air quality conditions exist to allow crop residue burning to occur without
36 endangering ambient air quality standards.
37 (2) "Cereal grain field" means a field of grass cultivated for edible
38 seeds such as wheat, oats, barley, rye, rice, maize, grain, sorghum and proso
40 (3) "Crop residue" means any vegetative material remaining in the field
1 after harvest and shall not include weeds along ditch banks or waterways,
2 orchard prunings, or forest slash piles.
3 (4) "Department" means the Idaho department of agriculture.
4 (5) "DEQ" means the Idaho department of health and welfare, division of
5 environmental quality.
6 (6) "Director" means the director of the Idaho department of agriculture.
7 (7) "Field grass" or "forage grass field" means a field which has been
8 planted with one (1) of the following varieties of grass for the purpose of
9 producing seed: canary grass, bromegrass, oat grass, Timothy grass, wheat
10 grass, or orchard grass.
11 (8) "Person" means a natural person, individual, firm, partnership, cor-
12 poration, company, society, association, cooperative, two (2) or more persons
13 having a joint or common interest, or any unit or agency of local, state or
14 federal government.
15 (9) "Reasonable efforts" means, but is not limited to, the obtaining of
16 any available information on local meteorological and air quality conditions
17 and observing the smoke plume from small test fires or from other field burns.
18 (10) "Turf grass field" means a field which has been planted with one (1)
19 of the following varieties of grass for the purpose of producing seed: blue-
20 grass, bent grass, fescues or perennial ryegrass.
21 22-4803. AGRICULTURAL FIELD BURNING. (1) The open burning of crop residue
22 grown in agricultural fields shall be an allowable form of open burning when
23 the provisions of this chapter, and any rules promulgated pursuant thereto,
24 and the environmental protection and health act, and any rules promulgated
25 pursuant thereto, are met, and when no other agricultural viable alternatives
26 to burning are available, as determined by the director, for the purpose of:
27 (a) Disposing of crop residues;
28 (b) Developing physiological conditions conducive to increased crop
29 yields; or
30 (c) Controlling diseases, insects, pests or weed infestations.
31 (2) The following provisions shall apply to all agricultural field burn-
33 (a) Any person conducting crop residue burning must make every reasonable
34 effort to burn only when weather conditions are conducive to adequate
35 smoke dispersion, and the burning does not emit particulates or other
36 material which exceed the state and federal ambient air quality standards;
38 (b) The open burning of crop residue shall be conducted in the field
39 where it was generated.
40 (3) In Kootenai and Benewah counties, the legislature finds that there
41 are a great many cereal grain, field grass, forage grass, and turf grass
42 fields, and it is a practice to burn these fields to control disease, weeds
43 and pests in these counties. Therefore, in Kootenai and Benewah counties, no
44 person shall conduct or allow any crop residue burning without first register-
45 ing each field with the DEQ each year burning is conducted. Approved forms for
46 registering fields when needed may be obtained at the DEQ's Coeur d'Alene
47 office. This provision is not met unless the forms contain all required infor-
48 mation and are received by the DEQ prior to field ignition.
49 (4) The use of reburn machines, propane flamers, or other devices to
50 ignite or reignite a field for the purpose of crop residue burning shall be
51 considered an allowable form of open burning when the provisions of this chap-
52 ter, and any rules promulgated pursuant thereto, the environmental protection
53 and health act, and any rules promulgated thereto, are met.
1 22-4804. KOOTENAI AND BENEWAH COUNTIES -- AGRICULTURAL BURNING FEES --
2 ACCOUNT -- RULES -- RESEARCH -- MANAGEMENT PROGRAM. (1) Any person who regis-
3 ters a field with the DEQ for agricultural burning in Kootenai or Benewah
4 counties shall pay to the DEQ a fee of one dollar ($1.00) per acre of cropland
5 to be burned. The DEQ shall remit all fees monthly to the state treasurer, who
6 shall deposit the moneys in the state agricultural smoke management account
7 which is hereby created. The board of health and welfare may, upon the recom-
8 mendation of the DEQ, adopt rules pertaining to:
9 (a) Collection, handling, and refund of fees established in subsection
10 (1) of this section; and
11 (b) Disbursement of funds from the account as provided in subsection (2)
12 of this section.
13 (2) The DEQ may use moneys from the agricultural smoke management account
14 as appropriated annually by the legislature for:
15 (a) Research to:
16 (i) Develop alternative crops which do not require burning;
17 (ii) Improve burning and cultural practices for crops which may
18 require burning; and
19 (iii) Explore alternatives to burning; and
20 (b) Supplementation of appropriated general account moneys for implemen-
21 tation of agricultural smoke management programs referenced in section
22 22-4801, Idaho Code.
23 (3) A smoke management advisory board is established in the DEQ to advise
24 the DEQ administrator or his designee in the administration and enforcement of
25 the provisions of this section by overseeing the funds provided and to review
26 and recommend research programs. The board shall consist of six (6) members:
27 three (3) from the agricultural community and three (3) nonagriculturists from
28 the general public, appointed by the governor and to serve at the pleasure of
29 the governor. The seventh member shall be ex officio and shall be the adminis-
30 trator of the DEQ or his designee.
31 (4) The board shall, on the first day of each July or as soon thereafter
32 as practicable, elect a chairman and a vice chairman from among its members,
33 and these officers shall hold office until their successors are elected. As
34 soon as the board has elected it officers, the secretary shall certify the
35 results of the election to the administrator of the DEQ. The chairman shall
36 preside at all meetings of the board and the secretary shall make a record of
37 the proceedings which shall be preserved in the offices of the DEQ. If the
38 chairman is absent from any meeting of the board, his duties shall be dis-
39 charged by the vice chairman. All members of the board present at a meeting
40 shall be entitled to vote on any question, matter, or thing which properly
41 comes before it.
STATEMENT OF PURPOSE
This legislation will allow for the establishment of voluntary
smoke management and crop residue burning programs. It will also
allow the director of the Idaho State Department of Agriculture to
promulgate rules for crop residue burning.
Previous legislation mandated that the DEQ director shall not
promulgate rules on crop residue burning. This legislation will
allow the ISDA director the flexibility to promulgate rules in
this voluntary program.
The other portions of this legislation are being moved into this
new chapter from other areas of the Idaho Code.
No fiscal impact
CONTACT: Dar Olberding
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. 243