2003 Legislation
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HOUSE BILL NO. 228 – Crop residue burning, DEQ rules

HOUSE BILL NO. 228

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact



                       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