2006 Legislation
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HOUSE BILL NO. 593 – Crop residue, definition


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Bill Status

H0593...............................................by AGRICULTURAL AFFAIRS
CROP RESIDUE - Amends existing law relating to smoke management and crop
residue disposal to revise the definition of "crop residue."
02/09    House intro - 1st rdg - to printing
02/10    Rpt prt - to Agric Aff
02/23    Rpt out - rec d/p - to 2nd rdg
02/24    2nd rdg - to 3rd rdg
03/01    3rd rdg - PASSED - 65-5-0
      AYES -- Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell,
      Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon,
      Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
      Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
      Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin,
      McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart,
      Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali(Sali),
      Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Snodgrass, Stevenson, Wills, Wood, Mr. Speaker
      NAYS -- Anderson, Eskridge, Jaquet, Sayler, Trail
      Absent and excused -- None
    Floor Sponsor - Shirley
    Title apvd - to Senate
03/02    Senate intro - 1st rdg - to Agric Aff
03/08    Rpt out - rec d/p - to 2nd rdg
03/09    2nd rdg - to 3rd rdg
03/14    3rd rdg - PASSED - 31-2-2
      AYES -- Andreason, Bunderson, Burkett, Burtenshaw, Cameron, Coiner,
      Compton, Corder, Darrington, Davis, Fulcher, Gannon, Goedde, Hill,
      Jorgenson, Kelly, Langhorst, Little, Lodge, Malepeai, Marley, McGee,
      McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet,
      Werk, Williams
      NAYS -- Broadsword, Keough
      Absent and excused -- Brandt, Geddes
    Floor Sponsor - Corder
    Title apvd - to House
03/15    To enrol
03/16    Rpt enrol - Sp signed
03/17    Pres signed - To Governor
03/22    Governor signed
         Session Law Chapter 121
         Effective: 07/01/06

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 593
                             BY AGRICULTURAL AFFAIRS COMMITTEE
  1                                        AN ACT
  4    Be It Enacted by the Legislature of the State of Idaho:
  5        SECTION  1.  That  Section 22-4802, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
  7        22-4802.  DEFINITIONS. In this chapter:
  8        (1)  "Adequate smoke dispersion" means that favorable  meteorological  and
  9    air  quality  conditions  exist to allow crop residue burning to occur without
 10    endangering ambient air quality standards.
 11        (2)  "Cereal grain field" means a field of  grass  cultivated  for  edible
 12    seeds  such as wheat, oats, barley, rye, rice, maize, grain, sorghum and proso
 13    millet.
 14        (3)  "Crop residue" means any vegetative material remaining in  the  field
 15    after  harvest,  and  or  vegetative material produced on conservation reserve
 16    program (CRP) lands, but shall not include weeds along ditch banks  or  water-
 17    ways, 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        (9)  "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        (10) "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        (11) "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 15972 

This legislation clarifies that Conservation Reserve Program
(CRP) land is included in the Crop Residue Program.  The current
language in the Crop Residue Disposal Law only permits the
burning of vegetative material remaining after harvest.  CRP
rules provide, under certain circumstances, agricultural burning
of un-harvested CRP land to control weeds and improve stands. 
Participants enrolled in CRP have been unable to take advantage
of that option under current state law.  This proposed language
will allow CRP land to be burned, under certain circumstances,
even if it has not been harvested.

                           FISCAL NOTE

There is no fiscal impact to the general fund.

Name: Dar Olberding, Idaho Grain Producers 
Phone: 345-0706

STATEMENT OF PURPOSE/FISCAL NOTE                         H 593