2002 Legislation
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HOUSE BILL NO. 667 – Crop residue burnng/Rathdrm Prairie

HOUSE BILL NO. 667

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Daily Data Tracking History



H0667......................................................by STATE AFFAIRS
CROP RESIDUE BURNING - Amends existing law to prohibit crop residue burning
on the Rathdrum Prairie on certain days; and to provide penalties for
violation.
                                                                        
02/22    House intro - 1st rdg - to printing
02/25    Rpt prt - to Agric Aff

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 667
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO AGRICULTURAL FIELD BURNING; AMENDING SECTION 22-4803, IDAHO  CODE,
  3        TO  PROHIBIT  CROP RESIDUE BURNING ON THE RATHDRUM PRAIRIE ON CERTAIN DAYS
  4        AND TO PROVIDE PENALTIES FOR VIOLATION; AND DECLARING AN EMERGENCY.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 22-4803, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        22-4803.  AGRICULTURAL FIELD BURNING. (1) The open burning of crop residue
  9    grown  in  agricultural fields shall be an allowable form of open burning when
 10    the provisions of this chapter, and any rules  promulgated  pursuant  thereto,
 11    and  the  environmental  protection  and health act, and any rules promulgated
 12    pursuant thereto, are met, and when no other agricultural viable  alternatives
 13    to burning are available, as determined by the director, for the purpose of:
 14        (a)  Disposing of crop residues;
 15        (b)  Developing  physiological  conditions  conducive  to  increased  crop
 16        yields; or
 17        (c)  Controlling diseases, insects, pests or weed infestations.
 18        (2)  The  following provisions shall apply to all agricultural field burn-
 19    ing:
 20        (a)  Any person conducting crop residue burning must make every reasonable
 21        effort to burn only when weather  conditions  are  conducive  to  adequate
 22        smoke  dispersion,  and  the  burning  does not emit particulates or other
 23        material which exceed the state and federal ambient air quality standards;
 24        and
 25        (b)  The open burning of crop residue shall  be  conducted  in  the  field
 26        where it was generated.
 27        (3)  In  Kootenai  and  Benewah counties, the legislature finds that there
 28    are a great many cereal grain, field  grass,  forage  grass,  and  turf  grass
 29    fields,  and  it  is a practice to burn these fields to control disease, weeds
 30    and pests in these counties. Therefore, in Kootenai and Benewah  counties,  no
 31    person shall conduct or allow any crop residue burning without first register-
 32    ing each field with the DEQ each year burning is conducted. Approved forms for
 33    registering  fields  when  needed  may  be obtained at the DEQ's Coeur d'Alene
 34    office. This provision is not met unless the forms contain all required infor-
 35    mation and are received by the DEQ prior to  field  ignition.  Notwithstanding
 36    any  other  provision of law to the contrary, no person shall conduct or allow
 37    any crop residue burning, and the DEQ and the  department of agriculture shall
 38    not allow or issue any permits to  allow  any  crop  residue  burning  on  the
 39    Rathdrum prairie on days when the wind is blowing in a northerly direction and
 40    the  smoke  would be blown or dissipated toward Lake Pend Oreille and the city
 41    of Sandpoint. Any person violating the provisions of this subsection shall  be
 42    liable  for penalties as provided in chapter 1, title 39, Idaho Code, and such
 43    violation shall be deemed an air quality violation.
                                                                        
                                           2
                                                                        
  1        (4)  The use of reburn machines, propane  flamers,  or  other  devices  to
  2    ignite  or  reignite  a field for the purpose of crop residue burning shall be
  3    considered an allowable form of open burning when the provisions of this chap-
  4    ter, and any rules promulgated pursuant thereto, the environmental  protection
  5    and health act, and any rules promulgated thereto, are met.
                                                                        
  6        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
  7    declared to exist, this act shall be in full force and effect on and after its
  8    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                           RS 12126C1

 This bill prohibits the burning of crop residue on the Rathdrum
prairie on days when the wind is blowing in a northerly direction
and the smoke would drift toward Lake Pend Oreille and the City
of Sandpoint.
                          FISCAL IMPACT

None

Contact
Name: Rep. John Campbell 
Phone: 208-332-1000
Rep. George Eskridge
Senator Shawn Keough


STATEMENT OF PURPOSE/FISCAL NOTE                   H 667