| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to notification of smoke impacts from department of natural resources-initiated or silvicultural burns; |
| Bill Description | Requiring notification of smoke impacts from department of natural resources-initiated or silvicultural burns. |
|
What this bill does
Powered by Legitron |
This bill amends RCW 70A.15.5140 to add conditions and procedures for department of natural resources (DNR) burning permits. It requires DNR, to the extent feasible, to condition permits so burning complies with air quality standards set by the department of ecology and so permitted burning does not cause those state air quality standards to be exceeded in the ambient air up to 2,000 feet above ground level over “critical areas” designated by ecology. The law identifies PM2.5 (fine particulate matter) as a health concern and preserves existing fees, permitting, penalty, and enforcement provisions in the chapter.
The department of ecology must establish and publish the air quality standards and an advisory procedure, and air quality must be quantitatively measured by ecology or appropriate local air pollution control authorities at established monitoring stations over designated areas. DNR must set smoke dispersal objectives and encourage logging and silviculture practices and other alternative disposal methods, prioritized as slash production minimization, slash utilization, nonburning disposal, silvicultural burning, and use of portable flame cap kilns, with alternative methods evaluated for air, water, land, public health, and financial impacts.
DNR is prohibited from issuing or must revoke burning permits in any area where ecology or a local board has declared a “stage of impaired air quality” as defined in RCW 70A.15.3580. For any DNR burning permit under RCW 76.04.205 or the chapter’s silvicultural burning provisions, DNR must prominently post on its website a notice when the burn starts, expected smoke impacts on neighboring towns and cities (updated at least every 12 hours during the burn or whenever smoke conditions change), whether smoke is expected to impact census tracts identified as high poverty/possible high poverty or disadvantaged, and a notice when the burn has concluded and smoke is fully extinguished.
This is a modification of existing statutory permitting law (procedural and regulatory change to permit conditions, monitoring, and public notification), not the creation of a new crime; it does not describe new penalties beyond stating permits remain subject to existing chapter provisions. Important implementation details are not provided here: the specific “critical areas” designation, the numerical thresholds and exact content of the air quality standards and advisory procedure, the full text of referenced RCWs, and the exact format or location required for the DNR website postings are not included in the extracted facts.
|
|
Why it matters
Powered by Legitron |
If enacted, the practical effect is that the Department of Natural Resources will significantly tighten how and when it allows silvicultural and other DNR-issued burns: permits must be conditioned to meet air quality standards set by the Department of Ecology, may not be issued or must be revoked during declared impaired air quality stages, and must not cause standards to be exceeded up to 2,000 feet above ground over areas Ecology designates as critical. DNR must publicly post start notices, 12-hour updates or updates whenever smoke conditions change, expected smoke impacts on nearby towns (including whether smoke will affect census tracts identified as high-poverty or disadvantaged), and notice when burns are fully extinguished; permits remain subject to existing fees and enforcement. Practically, this will increase DNR’s administrative and monitoring workload, give nearby communities—especially low-income or disadvantaged areas—more advance and ongoing warning about smoke, and make burning a less certain option for landowners and logging operations who will be encouraged (and sometimes forced) to use or evaluate alternative slash disposal and silviculture methods.
The Department of Ecology and local air pollution authorities will have to develop air quality standards, set monitoring procedures, and measure contaminants at monitoring stations and advise DNR when thresholds are exceeded, which likely increases their monitoring and advisory responsibilities. Important details are missing from the text provided—specifically which areas Ecology will label “critical,” the exact air quality thresholds and advisory procedures, and how costs for alternative disposal methods or additional monitoring will be funded—so the scale of added costs and how often burns will be blocked or shifted to alternatives is unclear.
|
| Official Documents | View Full Bill Text |
| Representative Dufault (Primary) |