2005 Legislation
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HOUSE BILL NO. 33 – Smoke mngmt/crop residue disposal

HOUSE BILL NO. 33

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Bill Status



H0033...............................................by AGRICULTURAL AFFAIRS
SMOKE MANAGEMENT AND CROP RESIDUE DISPOSAL - Amends existing law relating
to smoke management and crop residue disposal to define "economically
viable alternative."
                                                                        
01/25    House intro - 1st rdg - to printing
01/26    Rpt prt - to Agric Aff
02/17    Rpt out - rec d/p - to 2nd rdg
02/18    2nd rdg - to 3rd rdg
02/22    3rd rdg - PASSED - 49-20-1
      AYES -- Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell,
      Black, Block, Bolz, Bradford, Cannon, Collins, Crow, Deal, Denney,
      Field(18), Field(23), Garrett, Harwood, Henderson, Jones, Kemp, Lake,
      Loertscher, Mathews, McGeachin, Mitchell, Moyle, Nielsen, Nonini,
      Pence, Raybould, Ring, Roberts, Rydalch, Sali, Schaefer, Shepherd(8),
      Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,
      Wills, Wood, Mr. Speaker
      NAYS -- Anderson, Bilbao, Boe, Chadderdon, Clark, Ellsworth,
      Eskridge, Hart, Henbest, Jaquet, LeFavour, Martinez, McKague, Miller,
      Pasley-Stuart, Ringo, Rusche, Sayler, Shepherd(2), Trail
      Absent and excused -- Edmunson
    Floor Sponsor - Jones
    Title apvd - to Senate
02/23    Senate intro - 1st rdg - to Agric Aff
03/11    Rpt out - rec d/p - to 2nd rdg
03/14    2nd rdg - to 3rd rdg
03/15    3rd rdg - PASSED - 19-15-0, 1 vacancy
      AYES -- Brandt, Broadsword, Burtenshaw, Cameron, Coiner, Corder,
      Darrington, Davis, Gannon, Geddes, Little, Lodge, McGee, McKenzie,
      Pearce, Richardson, Stegner, Sweet, Williams
      NAYS -- Andreason, Bunderson, Burkett, Compton, Goedde, Hill,
      Jorgenson, Kelly, Keough, Langhorst, Malepeai, Marley, Schroeder,
      Stennett, Werk
      Absent and excused -- (District 21 seat vacant)
    Floor Sponsor - Corder
    Title apvd - to House
03/16    To enrol
03/17    Rpt enrol - Sp signed
03/18    Pres signed
03/21    To Governor
03/23    Governor signed
         Session Law Chapter 139
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 33
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SMOKE MANAGEMENT  AND  CROP  RESIDUE  DISPOSAL;  AMENDING  SECTION
  3        22-4802,  IDAHO CODE, TO ADD A DEFINITION OF "ECONOMICALLY VIABLE ALTERNA-
  4        TIVE."
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 22-4802, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        22-4802.  DEFINITIONS. In this chapter:
  9        (1)  "Adequate  smoke  dispersion" means that favorable meteorological and
 10    air quality conditions exist to allow crop residue burning  to  occur  without
 11    endangering ambient air quality standards.
 12        (2)  "Cereal  grain  field"  means  a field of grass cultivated for edible
 13    seeds such as wheat, oats, barley, rye, rice, maize, grain, sorghum and  proso
 14    millet.
 15        (3)  "Crop  residue"  means any vegetative material remaining in the field
 16    after harvest and shall not include weeds  along  ditch  banks  or  waterways,
 17    orchard prunings, or forest slash piles.
 18        (4)  "Department" means the Idaho department of agriculture.
 19        (5)  "DEQ" means the Idaho department of environmental quality.
 20        (6)  "Director" means the director of the Idaho department of agriculture.
 21        (7)  "Economically  viable  alternative"  means  an alternative to thermal
 22    residue disposal that:  (a) achieves  agricultural  objectives  comparable  to
 23    thermal  disposal  for the factors listed in section 22-4803(1)(a) through (c)
 24    and (2), Idaho Code; and (b) allows growers to experience a financial rate  of
 25    return  over  the short- and long-term consistent with the rate of return that
 26    would occur if thermal residue disposal were utilized.
 27        (8)  "Field grass" or "forage grass field" means a field  which  has  been
 28    planted  with  one  (1) of the following varieties of grass for the purpose of
 29    producing seed: canary grass, bromegrass,  oat  grass,  Timothy  grass,  wheat
 30    grass, or orchard grass.
 31        (89)  "Person" means a natural person, individual, firm, partnership, cor-
 32    poration,  company, society, association, cooperative, two (2) or more persons
 33    having a joint or common interest, or any unit or agency of  local,  state  or
 34    federal government.
 35        (910) "Reasonable  efforts" means, but is not limited to, the obtaining of
 36    any available information on local meteorological and air  quality  conditions
 37    and observing the smoke plume from small test fires or from other field burns.
 38        (101) "Turf grass field" means a field which has been planted with one (1)
 39    of  the  following varieties of grass for the purpose of producing seed: blue-
 40    grass, bent grass, fescues or perennial ryegrass.

Statement of Purpose / Fiscal Impact


                     STATEMENT  OF  PURPOSE
                            RS 14445

Amend Title 22, Chapter 48, Idaho Code, relating to smoke
management and crop residue disposal by defining economically
viable alternative. 


                         FISCAL  IMPACT

There will be no fiscal impact to the General Fund.


Contact
Name:     Sherman Takatori
Agency:   Agriculture, Dept. of
Phone:    (208) 332-8609


STATEMENT OF PURPOSE/FISCAL NOTE                     H 33