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H0228...............................................by AGRICULTURAL AFFAIRS
CROP RESIDUE BURNING - Amends existing law to provide that rules of the
Department of Environmental Quality relating to opacity standards shall not
apply to crop residue burning.
02/11 House intro - 1st rdg - to printing
02/12 Rpt prt - to Env Aff
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 58-11-1
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Black,
Block, Bolz, Bradford, Campbell, Cannon, Collins, Crow, Cuddy, Deal,
Denney, Douglas, Eberle, Edmunson, Ellsworth, Field(18), Field(23),
Gagner, Garrett, Harwood, Jones, Kellogg, Kulczyk, Lake, Langford,
Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,
Naccarato, Nielsen, Raybould, Ridinger, Ring, Roberts, Rydalch, Sali,
Schaefer, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,
Stevenson, Tilman, Trail, Wills, Mr. Speaker
NAYS -- Bieter, Boe, Clark, Eskridge, Henbest, Jaquet,
Langhorst(Wallace), Ringo, Robison, Sayler, Shepherd
Absent and excused -- Wood
Floor Sponsor - Meyer
Title apvd - to Senate
03/17 Senate intro - 1st rdg - to Agric Aff
03/26 Rpt out - rec d/p - to 2nd rdg
03/27 2nd rdg - to 3rd rdg
04/01 3rd rdg - PASSED - 29-5-1
AYES -- Andreason, Bailey, Brandt, Bunderson, Burtenshaw, Calabretta,
Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
Ingram, Little, Malepeai, Marley, McKenzie, McWilliams, Noble, Noh,
Pearce, Richardson, Schroeder, Sorensen, Stegner, Sweet, Williams
NAYS -- Burkett(Roberts), Kennedy, Keough, Stennett, Werk
Absent and excused -- Lodge
Floor Sponsor - Williams
Title apvd - to House
04/02 To enrol
04/03 Rpt enrol - Sp signed
04/04 Pres signed
04/07 To Governor
04/08 Governor signed
Session Law Chapter 262
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 228
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO AGRICULTURAL FIELD BURNING; AMENDING SECTION 22-4803, IDAHO CODE,
3 TO PROVIDE THAT RULES PROMULGATED BY THE DEPARTMENT OF ENVIRONMENTAL QUAL-
4 ITY RELATING TO OPACITY STANDARDS SHALL NOT APPLY TO CROP RESIDUE BURNING.
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.
36 (4) The use of reburn machines, propane flamers, or other devices to
37 ignite or reignite a field for the purpose of crop residue burning shall be
38 considered an allowable form of open burning when the provisions of this chap-
39 ter, and any rules promulgated pursuant thereto, the environmental protection
40 and health act, and any rules promulgated thereto, are met.
41 (5) Any rules promulgated by the DEQ relating to opacity standards shall
42 not apply to crop residue burning.
STATEMENT OF PURPOSE
RS 12889
This legislation amends Section 22-4803, Idaho Code, to provide
that rules promulgated by the Department of Environmental Quality
relating to opacity standards shall not apply to crop residue
burning.
FISCAL IMPACT
There is no fiscal impact.
Contact
Name: Rep. Wayne Meyer
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 22