Smoke impacts/DNR burns

AN ACT Relating to notification of smoke impacts from department 1
of natural resources-initiated or silvicultural burns; amending RCW 2
70A.15.5140; and creating a new section. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. The legislature finds that information 5
currently provided by the department of natural resources about smoke 6
impacts on communities in our state from government-initiated and 7
silvicultural fires is incomplete and inadequately updated. To better 8
protect children and families, it is necessary to allow them to make 9
informed decisions about outdoor activities. This is especially 10
important for those residing in low-income census tracts that 11
experience disproportionately high impacts due to a higher 12
concentration of young residents and fewer resources at their 13
disposal to mitigate the harmful effects of exposure to damaging 14
PM2.5, fine particulate matter, which poses significant health risks.15
Sec. 2. RCW 70A.15.5140 and 2024 c 280 s 5 are each amended to 16
read as follows: 17
(1) The department of natural resources, in granting burning 18
permits for fires for the purposes set forth in RCW 70A.15.5120, 19
shall condition the issuance and use of such permits to comply to the 20
H-1158.1
HOUSE BILL 1861
State of Washington 69th Legislature 2025 Regular Session
By Representative Dufault
Read first time 02/06/25. Referred to Committee on Agriculture &
Natural Resources.
p. 1 HB 1861
extent feasible with air quality standards established by the 1
department of ecology. Such burning shall not cause the state air 2
quality standards to be exceeded in the ambient air up to ((two 3
thousand)) 2,000 feet above ground level over critical areas 4
designated by the department of ecology, otherwise subject to air 5
pollution from other sources. Air quality standards shall be 6
established and published by the department of ecology which shall 7
also establish a procedure for advising the department of natural 8
resources when and where air contaminant levels exceed or threaten to 9
exceed the ambient air standards over such critical areas. The air 10
quality shall be quantitatively measured by the department of ecology 11
or the appropriate local air pollution control authority at 12
established monitoring stations over such designated areas. Further, 13
such permitted burning shall not cause damage to public health or the 14
environment. All permits issued under this section shall be subject 15
to all applicable fees, permitting, penalty, and enforcement 16
provisions of this chapter. The department of natural resources shall 17
set forth smoke dispersal objectives designed consistent with this 18
section to minimize any air pollution from such burning and the 19
procedures necessary to meet those objectives. 20
(2)(a) The department of natural resources shall encourage more 21
intense utilization in logging and alternative silviculture practices 22
to reduce the need for burning. The department of natural resources 23
shall, whenever practical, encourage landowners to develop and use 24
alternative acceptable disposal methods subject to the following 25
priorities: 26
(i) Slash production minimization; 27
(ii) Slash utilization; 28
(iii) Nonburning disposal; 29
(iv) Silvicultural burning; and 30
(v) Use of portable flame cap kilns. 31
(b) Such alternative methods shall be evaluated as to the 32
relative impact on air, water, and land pollution, public health, and 33
their financial feasibility. 34
(3) The department of natural resources shall not issue burning 35
permits and shall revoke previously issued permits at any time in any 36
area where the department of ecology or local board has declared a 37
stage of impaired air quality as defined in RCW 70A.15.3580.38
(4) For any burning permit issued by the department of natural 39
resources under RCW 76.04.205 or the silvicultural burning provisions 40
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of this chapter, the department of natural resources must prominently 1
post the following information on its website: 2
(a) Notification of the start of the burn;3
(b) The expected smoke impacts from the burn on any neighboring 4
towns and cities, updated at least every 12 hours during the burn or 5
any time smoke conditions change;6
(c) If smoke from the burn is expected to impact census tracts 7
listed as:8
(i) High poverty or possible high poverty areas by the United 9
States census bureau; or10
(ii) Disadvantaged by the federal council on environmental 11
quality; and12
(d) When the burn has been concluded and smoke from the burn has 13
been fully extinguished.14
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p. 3 HB 1861