2004 Legislation
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HOUSE BILL NO. 741 – Agric field burning, definitions


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Bill Status

H0741.....................................................by WAYS AND MEANS
AGRICULTURAL FIELD BURNING - Amends existing law to provide legislative
intent; to define additional terms; and to revise provisions applicable to
all agricultural field burning.
02/20    House intro - 1st rdg - to printing
02/23    Rpt prt - to Agric Aff
03/03    Rpt out - rec d/p - to 2nd rdg
03/04    2nd rdg - to 3rd rdg
03/08    3rd rdg - PASSED - 51-16-3
      AYES -- Andersen, Barraclough, Barrett, Bayer, Bedke, Bell, Black,
      Block, Bolz, Bradford, Cannon, Collins, Cuddy, Deal, Denney,
      Edmunson, Ellsworth, Field(18), Field(23), Garrett, Harwood, Jones,
      Kellogg, Kulczyk, Lake, Langford, Martinez, McGeachin, McKague,
      Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould,
      Ridinger, Ring, Roberts, Rydalch, Sali, Schaefer, Shirley, Smith(30),
      Smith(24), Smylie, Snodgrass, Stevenson, Wills, Wood, Mr. Speaker
      NAYS -- Bauer, Boe, Campbell, Clark, Douglas, Eberle, Eskridge,
      Henbest, Jaquet, Langhorst, Pasley-Stuart, Ringo, Robison, Sayler,
      Shepherd, Trail
      Absent and excused -- Crow, Gagner, Skippen
    Floor Sponsor - Jones
    Title apvd - to Senate
03/09    Senate intro - 1st rdg - to Agric Aff

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 741
                                BY WAYS AND MEANS COMMITTEE
  1                                        AN ACT
  6    Be It Enacted by the Legislature of the State of Idaho:
  7        SECTION  1.  STATEMENT  OF  LEGISLATIVE INTENT. The amendments to the crop
  8    residue disposal statute as provided in this Act are intended  for  clarifica-
  9    tion  purposes only and do not change substantive requirements of the statute.
 10    The Legislature recognizes that the  term  "economically  viable  alternative"
 11    warrants  definition  to avoid controversy over its meaning, and the amendment
 12    corresponds to the construction given the term  by  the  Idaho  Department  of
 13    Agriculture.  Additionally, the amendments make clear that the requirements in
 14    section 22-4803(2), Idaho Code, apply to all  crop  residue  disposal  in  the
 15    state of Idaho, as the Department provides in its implementing rules.
 16        SECTION  2.  That  Section 22-4802, Idaho Code, be, and the same is hereby
 17    amended to read as follows:
 18        22-4802.  DEFINITIONS. In this chapter:
 19        (1)  "Adequate smoke dispersion" means that favorable  meteorological  and
 20    air  quality  conditions  exist to allow crop residue burning to occur without
 21    endangering ambient air quality standards.
 22        (2)  "Cereal grain field" means a field of  grass  cultivated  for  edible
 23    seeds  such as wheat, oats, barley, rye, rice, maize, grain, sorghum and proso
 24    millet.
 25        (3)  "Crop residue" means any vegetative material remaining in  the  field
 26    after  harvest  and  shall  not  include weeds along ditch banks or waterways,
 27    orchard prunings, or forest slash piles.
 28        (4)  "Department" means the Idaho department of agriculture.
 29        (5)  "DEQ" means the Idaho department of environmental quality.
 30        (6)  "Director" means the director of the Idaho department of agriculture.
 31        (7)  "Economically viable alternative" means  an  alternative  to  thermal
 32    residue disposal that:
 33        (a)  Achieves  agricultural  objectives comparable to thermal residue dis-
 34        posal for the factors listed in subsections (1)(a), (1)(b), and (1)(c)  of
 35        section 22-4803, Idaho Code; and
 36        (b)  Allows  growers  to  experience  a  financial rate of return over the
 37        short term and long term consistent with the rate  of  return  that  would
 38        occur if thermal residue disposal were utilized.
 39        (8)  "Field  grass"  or  "forage grass field" means a field which has been
 40    planted with one (1) of the following varieties of grass for  the  purpose  of
 41    producing  seed:  canary  grass,  bromegrass,  oat grass, Timothy grass, wheat
 42    grass, or orchard grass.
  1        (89)  "Person" means a natural person, individual, firm, partnership, cor-
  2    poration, company, society, association, cooperative, two (2) or more  persons
  3    having  a  joint  or common interest, or any unit or agency of local, state or
  4    federal government.
  5        (910) "Reasonable efforts" means, but is not limited to, the  obtaining of
  6    any available information on local meteorological and air  quality  conditions
  7    and observing the smoke plume from small test fires or from other field burns.
  8        (101) "Turf grass field" means a field which has been planted with one (1)
  9    of  the  following varieties of grass for the purpose of producing seed: blue-
 10    grass, bent grass, fescues or perennial ryegrass.
 11        SECTION 3.  That Section 22-4803, Idaho Code, be, and the same  is  hereby
 12    amended to read as follows:
 13        22-4803.  AGRICULTURAL FIELD BURNING. (1) The open burning of crop residue
 14    grown  in  agricultural fields shall be an allowable form of open burning when
 15    the provisions of this chapter, and any rules  promulgated  pursuant  thereto,
 16    and  the  environmental  protection  and health act, and any rules promulgated
 17    pursuant thereto, are met, and when no other economically viable  alternatives
 18    to burning are available, as determined by the director, for the purpose of:
 19        (a)  Disposing of crop residues;
 20        (b)  Developing  physiological  conditions  conducive  to  increased  crop
 21        yields; or
 22        (c)  Controlling diseases, insects, pests or weed infestations.
 23        (2)  The  following provisions shall apply to all agricultural field burn-
 24    ing:
 25        (a)  In order to minimize impacts upon populated  areas  of  the  counties
 26        designated  in subsection (3) of this section, aAny person conducting crop
 27        residue burning must make  every  reasonable  effort  to  burn  only  when
 28        weather  conditions  are  conducive  to adequate smoke dispersion, and the
 29        burning does not emit particulates or  other  material  which  exceed  the
 30        state and federal ambient air quality standards; and
 31        (b)  The  open  burning  of  crop  residue shall be conducted in the field
 32        where it was generated.
 33        (3)  In Kootenai, Benewah, Boundary, Bonner, Shoshone, Latah,  Clearwater,
 34    Nez  Perce,  Lewis  and Idaho counties, the legislature finds that there are a
 35    great many cereal grain, field grass, forage grass, and turf grass fields, and
 36    it is a practice to burn these fields to control disease, weeds and  pests  in
 37    these  counties.  Therefore,  in  the counties specifically identified in this
 38    subsection, no person shall conduct or allow any crop residue burning  without
 39    first  registering  each  field  with the department each year burning is con-
 40    ducted, and without first receiving authorization from the department that the
 41    conditions of subsection (2)(a) of this section are met. This provision is not
 42    met unless all information required by  the  department  for  registration  is
 43    received by the department prior to field ignition.
 44        (4)  The  use  of  reburn  machines,  propane flamers, or other devices to
 45    ignite or reignite a field for the purpose of crop residue  burning  shall  be
 46    considered an allowable form of open burning when the provisions of this chap-
 47    ter,  and any rules promulgated pursuant thereto, the environmental protection
 48    and health act, and any rules promulgated thereto, are met.
 49        (5)  Any rules promulgated by the DEQ relating to opacity standards  shall
 50    not apply to crop residue burning.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                            RS 14090C1

Amends Title 22, Chapter 48, Idaho Code, relating to smoke
management and crop residue disposal by defining economically
viable alternative and clarifying that the provisions relating to
all agricultural field burning as set forth in Section 22-
4803(2)(a) apply to any person conducting crop residue burning.

                          FISCAL IMPACT

There will be no fiscal impact to the general fund.

Name: Rep. Doug Jones 
Phone: (208) 332-1000
      Mike Everett, Deputy Director, Idaho State Department of    
Phone: (208) 332-8532

STATEMENT OF PURPOSE/FISCAL NOTE                     H 741