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H0734aa...................................................by WAYS AND MEANS
AGRICULTURAL FIELD BURNING - Amends and adds to existing law to provide
that in Kootenai and Benewah counties no person shall conduct crop residue
burning without a burn authorization; to provide penalties; to provide
procedures; to provide for the issuance of burn authorizations; to
establish acreage limitations; to allocate burn authorizations and to
provide other limitations; and to provide for adoption of rules by the
Board of Environmental Quality.
03/11 House intro - 1st rdg - to printing
03/12 Rpt prt - to 2nd rdg
To Gen Ord
03/13 Rpt out amen - to engros
03/14 Rpt engros - 1st rdg - to 2nd rdg as amen
Ret'd to W/M
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 734
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO AGRICULTURAL FIELD BURNING; AMENDING SECTION 22-4803, IDAHO CODE,
3 TO PROVIDE THAT IN KOOTENAI AND BENEWAH COUNTIES NO PERSON SHALL CONDUCT
4 CROP RESIDUE BURNING WITHOUT A BURN AUTHORIZATION, TO PROVIDE PENALTIES,
5 TO PROVIDE PROCEDURES AND TO PROVIDE FOR REMITTANCE OF THE PENALTIES;
6 AMENDING CHAPTER 48, TITLE 22, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
7 TION 22-4805, IDAHO CODE, TO PROVIDE FOR THE ISSUANCE OF BURN AUTHORIZA-
8 TIONS, TO ESTABLISH ACREAGE LIMITATIONS, TO ALLOCATE BURN AUTHORIZATIONS,
9 TO PROVIDE OTHER LIMITATIONS AND TO PROVIDE FOR ADOPTION OF RULES; AND
10 DECLARING AN EMERGENCY.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 22-4803, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 22-4803. AGRICULTURAL FIELD BURNING. (1) The open burning of crop residue
15 grown in agricultural fields shall be an allowable form of open burning when
16 the provisions of this chapter, and any rules promulgated pursuant thereto,
17 and the environmental protection and health act, and any rules promulgated
18 pursuant thereto, are met, and when no other agricultural viable alternatives
19 to burning are available, as determined by the director, for the purpose of:
20 (a) Disposing of crop residues;
21 (b) Developing physiological conditions conducive to increased crop
22 yields; or
23 (c) Controlling diseases, insects, pests or weed infestations.
24 (2) The following provisions shall apply to all agricultural field burn-
25 ing:
26 (a) Any person conducting crop residue burning must make every reasonable
27 effort to burn only when weather conditions are conducive to adequate
28 smoke dispersion, and the burning does not emit particulates or other
29 material which exceed the state and federal ambient air quality standards;
30 and
31 (b) The open burning of crop residue shall be conducted in the field
32 where it was generated.
33 (3) In Kootenai and Benewah counties, the legislature finds that there
34 are a great many cereal grain, field grass, forage grass, and turf grass
35 fields, and it is a practice to burn these fields to control disease, weeds
36 and pests in these counties. The topographical features and population density
37 create unique public health, safety and aesthetic impacts associated with the
38 open burning of crop residue in those two (2) counties. Therefore, in Kootenai
39 and Benewah counties, no person shall conduct or allow any crop residue burn-
40 ing without first registering each field with the DEQ each year burning is
41 conducted and unless the person has been authorized pursuant to section
42 22-4805, Idaho Code, to burn that amount of acreage. Approved forms for regis-
43 tering and obtaining authorization to burn fields when needed may be obtained
2
1 at the DEQ's Coeur d'Alene office. This provision is not met unless the forms
2 contain all required information and are received by the DEQ prior to field
3 ignition. Any person determined by the DEQ to have conducted or allowed any
4 crop residue burning in Kootenai or Benewah counties and who does not hold a
5 valid authorization sufficient to cover such burning shall be subject to pen-
6 alties to be assessed by the DEQ by written notice. The penalties shall be in
7 the following amounts:
8 (a) Five hundred dollars ($500) per field plus ten dollars ($10.00) per
9 acre burned for the first violation in each calendar year; and
10 (b) One thousand dollars ($1,000) per field plus twenty dollars ($20.00)
11 per acre burned for each subsequent violation in each calendar year.
12 Any person who receives a notice pursuant to this section shall be offered an
13 opportunity to confer with the DEQ to discuss the circumstances of the alleged
14 violation prior being required to make payment. Penalties collected under this
15 section shall be handled in the same manner as fees pursuant to section
16 22-4804, Idaho Code.
17 (4) The use of reburn machines, propane flamers, or other devices to
18 ignite or reignite a field for the purpose of crop residue burning shall be
19 considered an allowable form of open burning when the provisions of this chap-
20 ter, and any rules promulgated pursuant thereto, the environmental protection
21 and health act, and any rules promulgated thereto, are met.
22 SECTION 2. That Chapter 48, Title 22, Idaho Code, be, and the same is
23 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
24 ignated as Section 22-4805, Idaho Code, and to read as follows:
25 22-4805. ACREAGE LIMITATIONS -- ALLOCATIONS -- BURNING AUTHORIZATIONS.
26 (1) For calendar year 2002, the maximum amount of crop residue acreage to be
27 burned in Kootenai and Benewah counties shall not exceed the average amount of
28 acreage registered with the DEQ pursuant to subsection (3) of section 22-4803,
29 Idaho Code, for the calendar years 1999 through 2001. The maximum amount shall
30 be reduced by ten percent (10%) each year thereafter through calendar year
31 2006. The calculation of maximum acreage and annual percent reductions shall
32 be conducted separately for registration processes occurring on separate
33 jurisdictional areas within Kootenai and Benewah counties.
34 (2) In the event that in any given year total registration as of July 1
35 is less than or equal to the maximum acreage to be burned pursuant to subsec-
36 tion (1) of this section, each person registering shall be issued a burn
37 authorization by the DEQ covering the acreage registered.
38 (3) In the event that in any given year total registration as of July 1
39 is greater than the maximum acreage to be burned pursuant to subsection (1) of
40 this section, the DEQ shall give preference in issuing burn authorizations to
41 those persons who were registered with the DEQ pursuant to subsection (3) of
42 this section for the calendar years 2000 or 2001, up to the average amount of
43 acreage for which the person was registered in those years. Any remaining max-
44 imum acreage balance shall be allocated to other persons registering on the
45 basis of the date of receipt of the person's complete registration form by the
46 DEQ.
47 (4) In the event that in any given year total registration as of July 1
48 is greater than the maximum acreage to be burned pursuant to subsection (1) of
49 this section when taking into account only registrations submitted by those
50 persons who were registered with the DEQ pursuant to subsection (3) of section
51 22-4803, Idaho Code, for calendar years 2000 or 2001, up to the average amount
52 of acreage for which the person was registered in those years, the DEQ, after
53 consultation with the department of agriculture, shall by rule or policy
3
1 assign a priority of authorizations up to full allocation of the maximum
2 amount.
3 (5) Once the maximum acreage amount is fully allocated in burn authoriza-
4 tions issued pursuant to this formula, no additional authorizations shall be
5 issued for that year.
6 (6) Burning authorizations issued under this section shall at all times
7 be limited by and subject to daily burn authorization and other requirements
8 or conditions announced or set forth by the DEQ or the department of agricul-
9 ture or any local authority.
10 (7) The board of environmental quality may adopt rules as necessary to
11 implement this section.
12 SECTION 3. An emergency existing therefor, which emergency is hereby
13 declared to exist, this act shall be in full force and effect on and after its
14 passage and approval.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
Moved by Stevenson
Seconded by Mader
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 734
1 AMENDMENT TO SECTION 2
2 On page 2 of the printed bill, in line 31, delete "2006" and insert:
3 "2005".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 734, As Amended
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO AGRICULTURAL FIELD BURNING; AMENDING SECTION 22-4803, IDAHO CODE,
3 TO PROVIDE THAT IN KOOTENAI AND BENEWAH COUNTIES NO PERSON SHALL CONDUCT
4 CROP RESIDUE BURNING WITHOUT A BURN AUTHORIZATION, TO PROVIDE PENALTIES,
5 TO PROVIDE PROCEDURES AND TO PROVIDE FOR REMITTANCE OF THE PENALTIES;
6 AMENDING CHAPTER 48, TITLE 22, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
7 TION 22-4805, IDAHO CODE, TO PROVIDE FOR THE ISSUANCE OF BURN AUTHORIZA-
8 TIONS, TO ESTABLISH ACREAGE LIMITATIONS, TO ALLOCATE BURN AUTHORIZATIONS,
9 TO PROVIDE OTHER LIMITATIONS AND TO PROVIDE FOR ADOPTION OF RULES; AND
10 DECLARING AN EMERGENCY.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 22-4803, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 22-4803. AGRICULTURAL FIELD BURNING. (1) The open burning of crop residue
15 grown in agricultural fields shall be an allowable form of open burning when
16 the provisions of this chapter, and any rules promulgated pursuant thereto,
17 and the environmental protection and health act, and any rules promulgated
18 pursuant thereto, are met, and when no other agricultural viable alternatives
19 to burning are available, as determined by the director, for the purpose of:
20 (a) Disposing of crop residues;
21 (b) Developing physiological conditions conducive to increased crop
22 yields; or
23 (c) Controlling diseases, insects, pests or weed infestations.
24 (2) The following provisions shall apply to all agricultural field burn-
25 ing:
26 (a) Any person conducting crop residue burning must make every reasonable
27 effort to burn only when weather conditions are conducive to adequate
28 smoke dispersion, and the burning does not emit particulates or other
29 material which exceed the state and federal ambient air quality standards;
30 and
31 (b) The open burning of crop residue shall be conducted in the field
32 where it was generated.
33 (3) In Kootenai and Benewah counties, the legislature finds that there
34 are a great many cereal grain, field grass, forage grass, and turf grass
35 fields, and it is a practice to burn these fields to control disease, weeds
36 and pests in these counties. The topographical features and population density
37 create unique public health, safety and aesthetic impacts associated with the
38 open burning of crop residue in those two (2) counties. Therefore, in Kootenai
39 and Benewah counties, no person shall conduct or allow any crop residue burn-
40 ing without first registering each field with the DEQ each year burning is
41 conducted and unless the person has been authorized pursuant to section
42 22-4805, Idaho Code, to burn that amount of acreage. Approved forms for regis-
43 tering and obtaining authorization to burn fields when needed may be obtained
2
1 at the DEQ's Coeur d'Alene office. This provision is not met unless the forms
2 contain all required information and are received by the DEQ prior to field
3 ignition. Any person determined by the DEQ to have conducted or allowed any
4 crop residue burning in Kootenai or Benewah counties and who does not hold a
5 valid authorization sufficient to cover such burning shall be subject to pen-
6 alties to be assessed by the DEQ by written notice. The penalties shall be in
7 the following amounts:
8 (a) Five hundred dollars ($500) per field plus ten dollars ($10.00) per
9 acre burned for the first violation in each calendar year; and
10 (b) One thousand dollars ($1,000) per field plus twenty dollars ($20.00)
11 per acre burned for each subsequent violation in each calendar year.
12 Any person who receives a notice pursuant to this section shall be offered an
13 opportunity to confer with the DEQ to discuss the circumstances of the alleged
14 violation prior being required to make payment. Penalties collected under this
15 section shall be handled in the same manner as fees pursuant to section
16 22-4804, Idaho Code.
17 (4) The use of reburn machines, propane flamers, or other devices to
18 ignite or reignite a field for the purpose of crop residue burning shall be
19 considered an allowable form of open burning when the provisions of this chap-
20 ter, and any rules promulgated pursuant thereto, the environmental protection
21 and health act, and any rules promulgated thereto, are met.
22 SECTION 2. That Chapter 48, Title 22, Idaho Code, be, and the same is
23 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
24 ignated as Section 22-4805, Idaho Code, and to read as follows:
25 22-4805. ACREAGE LIMITATIONS -- ALLOCATIONS -- BURNING AUTHORIZATIONS.
26 (1) For calendar year 2002, the maximum amount of crop residue acreage to be
27 burned in Kootenai and Benewah counties shall not exceed the average amount of
28 acreage registered with the DEQ pursuant to subsection (3) of section 22-4803,
29 Idaho Code, for the calendar years 1999 through 2001. The maximum amount shall
30 be reduced by ten percent (10%) each year thereafter through calendar year
31 2005. The calculation of maximum acreage and annual percent reductions shall
32 be conducted separately for registration processes occurring on separate
33 jurisdictional areas within Kootenai and Benewah counties.
34 (2) In the event that in any given year total registration as of July 1
35 is less than or equal to the maximum acreage to be burned pursuant to subsec-
36 tion (1) of this section, each person registering shall be issued a burn
37 authorization by the DEQ covering the acreage registered.
38 (3) In the event that in any given year total registration as of July 1
39 is greater than the maximum acreage to be burned pursuant to subsection (1) of
40 this section, the DEQ shall give preference in issuing burn authorizations to
41 those persons who were registered with the DEQ pursuant to subsection (3) of
42 this section for the calendar years 2000 or 2001, up to the average amount of
43 acreage for which the person was registered in those years. Any remaining max-
44 imum acreage balance shall be allocated to other persons registering on the
45 basis of the date of receipt of the person's complete registration form by the
46 DEQ.
47 (4) In the event that in any given year total registration as of July 1
48 is greater than the maximum acreage to be burned pursuant to subsection (1) of
49 this section when taking into account only registrations submitted by those
50 persons who were registered with the DEQ pursuant to subsection (3) of section
51 22-4803, Idaho Code, for calendar years 2000 or 2001, up to the average amount
52 of acreage for which the person was registered in those years, the DEQ, after
53 consultation with the department of agriculture, shall by rule or policy
3
1 assign a priority of authorizations up to full allocation of the maximum
2 amount.
3 (5) Once the maximum acreage amount is fully allocated in burn authoriza-
4 tions issued pursuant to this formula, no additional authorizations shall be
5 issued for that year.
6 (6) Burning authorizations issued under this section shall at all times
7 be limited by and subject to daily burn authorization and other requirements
8 or conditions announced or set forth by the DEQ or the department of agricul-
9 ture or any local authority.
10 (7) The board of environmental quality may adopt rules as necessary to
11 implement this section.
12 SECTION 3. An emergency existing therefor, which emergency is hereby
13 declared to exist, this act shall be in full force and effect on and after its
14 passage and approval.
STATEMENT OF PURPOSE
RS 12215
Because of topographical features and population density, there
are unique public health, safety and aesthetic impacts associated
with the open burning of crop residue in Kootenai and Benewah
counties. To address these impacts, this legislation limits the
number of acres allowed to be managed by the burning of crop
residue in these counties. Recognizing the need to mitigate any
negative economic impacts that restrictions on the open burning
of crop residue might have on persons who currently rely on that
method of field management, the legislation establishes a
priority for those burners to receive burning authorization.
The proposed changes are not intended to affect any crop residue
burning outside of Kootenai and Benewah counties. With regard to
open field burning of crops and geographic areas not addressed by
this proposed legislation, and any permitted, continued burning
in Kootenai and Benewah counties, it is the intent of the
Legislature that strong efforts be made to minimize the adverse
effects from the smoke from such burning. The mechanisms to
address these effects are: (1) programs for smoke management, (2)
air quality monitoring, and (3) research and development of
alternative, agronomically sound and economically feasible
methods of field management that are consistent with resource
conservation.
FISCAL IMPACT
None.
Contact
Name: Rep. John A. "Bert" Stevenson
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 734