RCW 70A.15.3600
Limitations on use of solid fuel burning devices.
(1) Unless allowed by rule under chapter
34.05
RCW, a person shall not cause or allow any of the following materials to be burned in any residential solid fuel burning device:
(a) Garbage;
(b) Treated wood;
(c) Plastics;
(d) Rubber products;
(e) Animals;
(f) Asphaltic products;
(g) Waste petroleum products;
(h) Paints; or
(i) Any substance, other than properly seasoned fuel wood, which normally emits dense smoke or obnoxious odors.
(2) To achieve and maintain attainment in areas of nonattainment for fine particulates in accordance with section 172 of the federal clean air act, a local air pollution control authority or the department may, after meeting requirements in subsection (3) of this section, prohibit the use of solid fuel burning devices, except:
(a) Fireplaces as defined in RCW 70A.15.3510
(3), except if needed to meet federal requirements as a contingency measure in a state implementation plan for a fine particulate nonattainment area;
(b) Woodstoves meeting the standards set forth in RCW 70A.15.3580
(1)(b); or
(c) Pellet stoves.
(3) Prior to prohibiting the use of solid fuel burning devices under subsection (2) of this section, the department or the local air pollution control authority must:
(a) Seek input from any city, county, or jurisdictional health department affected by the proposal to prohibit the use of solid fuel burning devices; and
(b) Make written findings that:
(i) The area is designated as an area of nonattainment for fine particulate matter by the United States environmental protection agency, or is in maintenance status under that designation;
(ii) Emissions from solid fuel burning devices in the area are a major contributing factor for violating the national ambient air quality standard for fine particulates; and
(iii) The area has an adequately funded program to assist low-income households to secure an adequate source of heat, which may include woodstoves meeting the requirements of RCW 70A.15.3510
(7).
(4) If and only if the nonattainment area is within the jurisdiction of the department and the legislative authority of a city or county within the area of nonattainment formally expresses concerns with the department's written findings, then the department must publish on the department's website the reasons for prohibiting the use of solid fuel burning devices under subsection (2) of this section that includes a response to the concerns expressed by the city or county legislative authority.
(5) When a local air pollution control authority or the department prohibits the use of solid fuel burning devices as authorized by this section, the cities, counties, and jurisdictional health departments serving the area shall cooperate with the department or local air pollution control authority as the department or the local air pollution control authority implements the prohibition. The responsibility for actual enforcement of the prohibition shall reside solely with the department or the local air pollution control authority. A city, county, or jurisdictional health department serving a fine particulate nonattainment area may agree to assist with enforcement activities.
(6) A prohibition issued by a local air pollution control authority or the department under this section shall not apply to:
(a) A person in a residence or commercial establishment that does not have an adequate source of heat without burning wood; or
(b) A person with a shop or garage that is detached from the main residence or commercial establishment that does not have an adequate source of heat in the detached shop or garage without burning wood.
(7) On June 7, 2012, and prior to January 1, 2015, the local air pollution control authority or the department shall, within available resources, provide assistance to households using solid fuel burning devices to reduce the emissions from those devices or change out to a lower emission device. Prior to the effective date of a prohibition, as defined in this section, on the use of uncertified stoves, the department or local air pollution control authority shall provide public education in the nonattainment area regarding how households can reduce their emissions through cleaner burning practices, the importance of respecting burn bans, and the opportunities for assistance in obtaining a cleaner device. If the area is designated as a nonattainment area as of January 1, 2015, or if required by the United States environmental protection agency, the local air pollution control authority or the department may prohibit the use of uncertified devices.
(8) As used in this section:
(a) "Jurisdictional health department" means a city, county, city-county, or district public health department.
(b) "Prohibit the use" or "prohibition" may include requiring disclosure of an uncertified device, removal, or rendering inoperable, as may be approved by rule by a local air pollution control authority or the department. The effective date of such a rule may not be prior to January 1, 2015. However, except as provided in RCW 64.06.020
relating to the seller disclosure of wood burning appliances, any such prohibition may not include imposing separate time of sale obligations on the seller or buyer of real estate as part of a real estate transaction.
[
2020 c 20 s 1121
;
2012 c 219 s 2
;
2009 c 282 s 1
;
1995 c 205 s 2
;
1990 c 128 s 3
;
1987 c 405 s 9
. Formerly RCW 70.94.477
.]
NOTES:
Severability
—
1987 c 405:
See note following RCW 70A.15.3500
.
RCW 70A.15.3610
Woodstove education program.
(1) The department of ecology shall establish a program to educate woodstove dealers and the public about:
(a) The effects of woodstove emissions on health and air quality;
(b) Methods of achieving better efficiency and emission performance from woodstoves;
(c) Woodstoves that have been approved by the department;
(d) The benefits of replacing inefficient woodstoves with stoves approved under RCW 70A.15.3530
.
(2) Persons selling new woodstoves shall distribute and verbally explain educational materials describing when a stove can and cannot be legally used to customers purchasing new woodstoves.
[
2020 c 20 s 1122
;
1990 c 128 s 6
;
1987 c 405 s 3
. Formerly RCW 70.94.480
.]
NOTES:
Severability
—
1987 c 405:
See note following RCW 70A.15.3500
.
RCW 70A.15.3620
Woodstove education and enforcement account created
—
Fee imposed on solid fuel burning device sales.
(1) The woodstove education and enforcement account is hereby created in the state treasury. Money placed in the account shall include all money received under subsection (2) of this section and any other money appropriated by the legislature. Money in the account shall be spent for the purposes of the woodstove education program established under RCW 70A.15.3610
and for enforcement of the woodstove program, and shall be subject to legislative appropriation. However, during the 2003-05 fiscal biennium, the legislature may transfer from the woodstove education and enforcement account to the air pollution control account such amounts as specified in the omnibus operating budget bill.
(2) The department of ecology, with the advice of the advisory committee, shall set a flat fee of thirty dollars, on the retail sale, as defined in RCW 82.04.050, of each solid fuel burning device after January 1, 1992. The fee shall be imposed upon the consumer and shall not be subject to the retail sales tax provisions of chapters
82.08
and
82.12
RCW. The fee may be adjusted annually above thirty dollars to account for inflation as determined by the state office of the economic and revenue forecast council. The fee shall be collected by the department of revenue in conjunction with the retail sales tax under chapter
82.08
RCW. If the seller fails to collect the fee herein imposed or fails to remit the fee to the department of revenue in the manner prescribed in chapter
82.08
RCW, the seller shall be personally liable to the state for the amount of the fee. The collection provisions of chapter
82.32
RCW shall apply. The department of revenue shall deposit fees collected under this section in the woodstove education and enforcement account.
[
2020 c 20 s 1123
;
2003 1st sp.s. c 25 s 932
; 1991 sp.s. c 13 ss 64, 65;
1991 c 199 s 505
;
1990 c 128 s 5
;
1987 c 405 s 10
. Formerly RCW 70.94.483
.]
NOTES:
Severability
—
Effective date
—
2003 1st sp.s. c 25:
See notes following RCW 19.28.351
.
Effective dates
—
Severability
—
1991 sp.s. c 13:
See notes following RCW 18.08.240
.
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
Severability
—
1987 c 405:
See note following RCW 70A.15.3500
.
RCW 70A.15.3630
Woodsmoke emissions
—
Findings.
The legislature finds that there are some communities in the state in which the national ambient air quality standards for PM 2.5 are exceeded, primarily due to woodsmoke emissions, and that current strategies are not sufficient to reduce woodsmoke emissions to levels that comply with the federal standards or adequately protect public health. The legislature finds that it is in the state's interest and to the benefit of the people of the state to evaluate additional measures to reduce woodsmoke emissions and update the state woodsmoke control program.
[
2007 c 339 s 2
. Formerly RCW 70.94.488
.]
RCW 70A.15.4000
Transportation demand management
—
Findings.
The legislature finds that automotive traffic in Washington's metropolitan areas is the major source of emissions of air contaminants. This air pollution causes significant harm to public health, causes damage to trees, plants, structures, and materials and degrades the quality of the environment.
Increasing automotive traffic is also aggravating traffic congestion in Washington's metropolitan areas. This traffic congestion imposes significant costs on Washington's businesses, governmental agencies, and individuals in terms of lost working hours and delays in the delivery of goods and services. Traffic congestion worsens automobile-related air pollution, increases the consumption of fuel, and degrades the habitability of many of Washington's cities and suburban areas. The capital and environmental costs of fully accommodating the existing and projected automobile traffic on roads and highways are prohibitive. Decreasing the demand for vehicle trips is significantly less costly and at least as effective in reducing traffic congestion and its impacts as constructing new transportation facilities such as roads and bridges, to accommodate increased traffic volumes.
The legislature also finds that increasing automotive transportation is a major factor in increasing consumption of gasoline and, thereby, increasing reliance on imported sources of petroleum. Moderating the growth in automotive travel is essential to stabilizing and reducing dependence on imported petroleum and improving the nation's energy security.
The legislature further finds that reducing the number of commute trips to work made via single-occupant cars and light trucks is an effective way of reducing automobile-related air pollution, traffic congestion, and energy use. Major employers have significant opportunities to encourage and facilitate reducing single-occupant vehicle commuting by employees. In addition, the legislature also recognizes the importance of increasing individual citizens' awareness of air quality, energy consumption, and traffic congestion, and the contribution individual actions can make towards addressing these issues.
The intent of this chapter is to require local governments in those counties experiencing the greatest automobile-related air pollution and traffic congestion to develop and implement plans to reduce single-occupant vehicle commute trips. Such plans shall require major employers and employers at major worksites to implement programs to reduce single-occupant vehicle commuting by employees at major worksites. Local governments in counties experiencing significant but less severe automobile-related air pollution and traffic congestion may implement such plans. State agencies shall implement programs to reduce single-occupant vehicle commuting at all major worksites throughout the state.
[
1997 c 250 s 1
;
1991 c 202 s 10
. Formerly RCW 70.94.521
.]
NOTES:
Captions not law
—
Effective date
—
Severability
—
1991 c 202:
See notes following RCW 47.50.010
.
RCW 70A.15.4010
Transportation demand management
—
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "A major employer" means a private or public employer, including state agencies, that employs one hundred or more full-time employees at a single worksite who begin their regular workday between 6:00 a.m. and 9:00 a.m. on weekdays for at least twelve continuous months during the year.
(2)(a) "Affected urban growth area" means:
(i) An urban growth area, designated pursuant to RCW 36.70A.110, whose boundaries contain a state highway segment exceeding the one hundred person hours of delay threshold calculated by the department of transportation, and any contiguous urban growth areas; and
(ii) An urban growth area, designated pursuant to RCW 36.70A.110, containing a jurisdiction with a population over seventy thousand that adopted a commute trip reduction ordinance before the year 2000, and any contiguous urban growth areas.
(b) Affected urban growth areas will be listed by the department of transportation in the rules for chapter 329, Laws of 2006 using the criteria identified in (a) of this subsection.
(3) "Base year" means the twelve-month period commencing when a major employer is determined to be participating by the local jurisdiction, on which commute trip reduction goals shall be based.
(4) "Certification" means a determination by a regional transportation planning organization that a locally designated growth and transportation efficiency center program meets the minimum criteria developed in a collaborative regional process and the rules established by the department of transportation.
(5) "Commute trip" means trips made from a worker's home to a worksite during the peak period of 6:00 a.m. to 9:00 a.m. on weekdays.
(6) "Commute trip vehicle miles traveled per employee" means the sum of the individual vehicle commute trip lengths in miles over a set period divided by the number of full-time employees during that period.
(7) "Growth and transportation efficiency center" means a defined, compact, mixed-use urban area that contains jobs or housing and supports multiple modes of transportation. For the purpose of funding, a growth and transportation efficiency center must meet minimum criteria established by the commute trip reduction board under RCW 70A.15.4060, and must be certified by a regional transportation planning organization as established in RCW 47.80.020
.
(8) "Major employment installation" means a military base or federal reservation, excluding tribal reservations, at which there are one hundred or more full-time employees, who begin their regular workday between 6:00 a.m. and 9:00 a.m. on weekdays, for at least twelve continuous months during the year.
(9) "Major worksite" means a building or group of buildings that are on physically contiguous parcels of land or on parcels separated solely by private or public roadways or rights-of-way, and at which there are one hundred or more full-time employees, who begin their regular workday between 6:00 a.m. and 9:00 a.m. on weekdays, for at least twelve continuous months.
(10) "Person hours of delay" means the daily person hours of delay per mile in the peak period of 6:00 a.m. to 9:00 a.m., as calculated using the best available methodology by the department of transportation.
(11) "Proportion of single-occupant vehicle commute trips" means the number of commute trips made by single-occupant automobiles divided by the number of full-time employees.
[
2020 c 20 s 1124
;
2006 c 329 s 1
;
1991 c 202 s 11
. Formerly RCW 70.94.524
.]
NOTES:
Reviser's note:
The definitions in this section have been alphabetized pursuant to RCW 1.08.015
(2)(k).
Captions not law
—
Effective date
—
Severability
—
1991 c 202:
See notes following RCW 47.50.010
.
RCW 70A.15.4020
Transportation demand management
—
Requirements for counties and cities.
(1) Each county containing an urban growth area, designated pursuant to RCW 36.70A.110, and each city within an urban growth area with a state highway segment exceeding the one hundred person hours of delay threshold calculated by the department of transportation, as well as those counties and cities located in any contiguous urban growth areas, shall adopt a commute trip reduction plan and ordinance for major employers in the affected urban growth area by a date specified by the commute trip reduction board. Jurisdictions located within an urban growth area with a population greater than seventy thousand that adopted a commute trip reduction ordinance before the year 2000, as well as any jurisdiction within contiguous urban growth areas, shall also adopt a commute trip reduction plan and ordinance for major employers in the affected urban growth area by a date specified by the commute trip reduction board. Jurisdictions containing a major employment installation in a county with an affected growth area, designated pursuant to RCW 36.70A.110, shall adopt a commute trip reduction plan and ordinance for major employers in the major employment installation by a date specified by the commute trip reduction board. The ordinance shall establish the requirements for major employers and provide an appeals process by which major employers, who as a result of special characteristics of their business or its locations would be unable to meet the requirements of the ordinance, may obtain waiver or modification of those requirements. The plan shall be designed to achieve reductions in the proportion of single-occupant vehicle commute trips and be consistent with the rules established by the department of transportation. The county, city, or town shall submit its adopted plan to the regional transportation planning organization. The county, city, or town plan shall be included in the regional commute trip reduction plan for regional transportation planning purposes, consistent with the rules established by the department of transportation in RCW 70A.15.4060
.
(2) All other counties, cities, and towns may adopt and implement a commute trip reduction plan consistent with department of transportation rules established under RCW 70A.15.4060
. Tribal governments are encouraged to adopt a commute trip reduction plan for their lands. State investment in voluntary commute trip reduction plans shall be limited to those areas that meet criteria developed by the commute trip reduction board.
(3) The department of ecology may, after consultation with the department of transportation, as part of the state implementation plan for areas that do not attain the national ambient air quality standards for carbon monoxide or ozone, require municipalities other than those identified in subsection (1) of this section to adopt and implement commute trip reduction plans if the department determines that such plans are necessary for attainment of said standards.
(4) A commute trip reduction plan shall be consistent with the rules established under RCW 70A.15.4060
and shall include but is not limited to (a) goals for reductions in the proportion of single-occupant vehicle commute trips consistent with the state goals established by the commute trip reduction board under RCW 70A.15.4060
and the regional commute trip reduction plan goals established in the regional commute trip reduction plan; (b) a description of the requirements for major public and private sector employers to implement commute trip reduction programs; (c) a commute trip reduction program for employees of the county, city, or town; and (d) means, consistent with rules established by the department of transportation, for determining base year values and progress toward meeting commute trip reduction plan goals. The plan shall be developed in consultation with local transit agencies, the applicable regional transportation planning organization, major employers, and other interested parties.
(5) The commute trip reduction plans adopted by counties, cities, and towns under this chapter shall be consistent with and may be incorporated in applicable state or regional transportation plans and local comprehensive plans and shall be coordinated, and consistent with, the commute trip reduction plans of counties, cities, or towns with which the county, city, or town has, in part, common borders or related regional issues. Such regional issues shall include assuring consistency in the treatment of employers who have worksites subject to the requirements of this chapter in more than one jurisdiction. Counties, cities, and towns adopting commute trip reduction plans may enter into agreements through the interlocal cooperation act or by resolution or ordinance as appropriate with other jurisdictions, local transit agencies, transportation management associations or other private or nonprofit providers of transportation services, or regional transportation planning organizations to coordinate the development and implementation of such plans. Transit agencies shall work with counties, cities, and towns as a part of their six-year transit development plan established in RCW 35.58.2795
to take into account the location of major employer worksites when planning and prioritizing transit service changes or the expansion of public transportation services, including ride share services. Counties, cities, or towns adopting a commute trip reduction plan shall review it annually and revise it as necessary to be consistent with applicable plans developed under RCW 36.70A.070
. Regional transportation planning organizations shall review the local commute trip reduction plans during the development and update of the regional commute trip reduction plan.
(6) Each affected regional transportation planning organization shall adopt a commute trip reduction plan for its region consistent with the rules and deadline established by the department of transportation under RCW 70A.15.4060
. The plan shall include, but is not limited to: (a) Regional program goals for commute trip reduction in urban growth areas and all designated growth and transportation efficiency centers; (b) a description of strategies for achieving the goals; (c) a sustainable financial plan describing projected revenues and expenditures to meet the goals; (d) a description of the way in which progress toward meeting the goals will be measured; and (e) minimum criteria for growth and transportation efficiency centers. (i) Regional transportation planning organizations shall review proposals from local jurisdictions to designate growth and transportation efficiency centers and shall determine whether the proposed growth and transportation efficiency center is consistent with the criteria defined in the regional commute trip reduction plan. (ii) Growth and transportation efficiency centers certified as consistent with the minimum requirements by the regional transportation planning organization shall be identified in subsequent updates of the regional commute trip reduction plan. These plans shall be developed in collaboration with all affected local jurisdictions, transit agencies, and other interested parties within the region. The plan will be reviewed and approved by the commute trip reduction board as established under RCW 70A.15.4060
. Regions without an approved regional commute trip reduction plan shall not be eligible for state commute trip reduction program funds.
The regional commute trip reduction plan shall be consistent with and incorporated into transportation demand management components in the regional transportation plan as required by RCW 47.80.030
.
(7) Each regional transportation planning organization implementing a regional commute trip reduction program shall, consistent with the rules and deadline established by the department of transportation, submit its plan as well as any related local commute trip reduction plans and certified growth and transportation efficiency center programs, to the commute trip reduction board established under RCW 70A.15.4060
. The commute trip reduction board shall review the regional commute trip reduction plan and the local commute trip reduction plans. The regional transportation planning organization shall collaborate with the commute trip reduction board to evaluate the consistency of local commute trip reduction plans with the regional commute trip reduction plan. Local and regional plans must be approved by the commute trip reduction board in order to be eligible for state funding provided for the purposes of this chapter.
(8) Each regional transportation planning organization implementing a regional commute trip reduction program shall submit an annual progress report to the commute trip reduction board established under RCW 70A.15.4060
. The report shall be due at the end of each state fiscal year for which the program has been implemented. The report shall describe progress in attaining the applicable commute trip reduction goals and shall highlight any problems being encountered in achieving the goals. The information shall be reported in a form established by the commute trip reduction board.
(9) Any waivers or modifications of the requirements of a commute trip reduction plan granted by a jurisdiction shall be submitted for review to the commute trip reduction board established under RCW 70A.15.4060
. The commute trip reduction board may not deny the granting of a waiver or modification of the requirements of a commute trip reduction plan by a jurisdiction but they may notify the jurisdiction of any comments or objections.
(10) Plans implemented under this section shall not apply to commute trips for seasonal agricultural employees.
(11) Plans implemented under this section shall not apply to construction worksites when the expected duration of the construction project is less than two years.
(12) If an affected urban growth area has not previously implemented a commute trip reduction program and the state has funded solutions to state highway deficiencies to address the area's exceeding the person hours of delay threshold, the affected urban growth area shall be exempt from the duties of this section for a period not exceeding two years.
[
2020 c 20 s 1125
;
2006 c 329 s 2
;
1997 c 250 s 2
;
1996 c 186 s 513
;
1991 c 202 s 12
. Formerly RCW 70.94.527
.]
NOTES:
Findings
—
Intent
—
Part headings not law
—
Effective date
—
1996 c 186:
See notes following RCW 43.330.904
.
Captions not law
—
Effective date
—
Severability
—
1991 c 202:
See notes following RCW 47.50.010
.
RCW 70A.15.4030
Transportation demand management
—
Growth and transportation efficiency centers.
(Effective until July 1, 2026.)
(1) A county, city, or town may, as part of its commute trip reduction plan, designate existing activity centers listed in its comprehensive plan or new activity centers as growth and transportation efficiency centers and establish a transportation demand management program in the designated area.
(a) The transportation demand management program for the growth and transportation efficiency center shall be developed in consultation with local transit agencies, the applicable regional transportation planning organization, major employers, and other interested parties.
(b) In order to be eligible for state funding provided for the purposes of this section, designated growth and transportation efficiency centers shall be certified by the applicable regional transportation organization to: (i) Meet the minimum land use and transportation criteria established in collaboration among local jurisdictions, transit agencies, the regional transportation planning organization, and other interested parties as part of the regional commute trip reduction plan; and (ii) have established a transportation demand management program that includes the elements identified in (c) of this subsection and is consistent with the rules established by the department of transportation in RCW 70A.15.4060
(2). If a designated growth and transportation efficiency center is denied certification, the local jurisdiction may appeal the decision to the commute trip reduction board.
(c) Transportation demand management programs for growth and transportation efficiency centers shall include, but are not limited to: (i) Goals for reductions in the proportion of single-occupant vehicle trips that are more aggressive than the state program goal established by the commute trip reduction board; (ii) a sustainable financial plan demonstrating how the program can be implemented to meet state and regional trip reduction goals, indicating resources from public and private sources that are reasonably expected to be made available to carry out the plan, and recommending any innovative financing techniques consistent with chapter
47.29
RCW, including public/private partnerships, to finance needed facilities, services, and programs; (iii) a proposed organizational structure for implementing the program; (iv) a proposal to measure performance toward the goal and implementation progress; and (v) an evaluation to which local land use and transportation policies apply, including parking policies and ordinances, to determine the extent that they complement and support the trip reduction investments of major employers. Each of these program elements shall be consistent with the rules established under RCW 70A.15.4060
.
(d) A designated growth and transportation efficiency center shall be consistent with the land use and transportation elements of the local comprehensive plan.
(e) Transit agencies, local governments, and regional transportation planning organizations shall identify certified growth and transportation efficiency centers as priority areas for new service and facility investments in their respective investment plans.
(2) A county, city, or town that has established a growth and transportation efficiency center program shall support vehicle trip reduction activities in the designated area. The implementing jurisdiction shall adopt policies, ordinances, and funding strategies that will lead to attainment of program goals in those areas.
[
2020 c 20 s 1126
;
2006 c 329 s 4
. Formerly RCW 70.94.528
.]
PDF
RCW 70A.15.4030
Transportation demand management
—
Growth and transportation efficiency centers.
(Effective July 1, 2026.)
(1) A county, city, or town may, as part of its commute trip reduction plan, designate existing activity centers listed in its comprehensive plan or new activity centers as growth and transportation efficiency centers and establish a transportation demand management program in the designated area.
(a) The transportation demand management program for the growth and transportation efficiency center shall be developed in consultation with local transit agencies, the applicable regional transportation planning organization, major employers, and other interested parties.
(b) In order to be eligible for state funding provided for the purposes of this section, designated growth and transportation efficiency centers shall be certified by the applicable regional transportation organization to: (i) Meet the minimum land use and transportation criteria established in collaboration among local jurisdictions, transit agencies, the regional transportation planning organization, and other interested parties as part of the regional commute trip reduction plan; and (ii) have established a transportation demand management program that includes the elements identified in (c) of this subsection and is consistent with the rules established by the department of transportation in RCW 70A.15.4060
(2). If a designated growth and transportation efficiency center is denied certification, the local jurisdiction may appeal the decision to the commute trip reduction board.
(c) Transportation demand management programs for growth and transportation efficiency centers shall include, but are not limited to: (i) Goals for reductions in the proportion of single-occupant vehicle trips that are more aggressive than the state program goal established by the commute trip reduction board; (ii) a sustainable financial plan demonstrating how the program can be implemented to meet state and regional trip reduction goals, indicating resources from public and private sources that are reasonably expected to be made available to carry out the plan, and recommending any innovative financing techniques consistent with chapter
47.47
RCW, including public/private partnerships, to finance needed facilities, services, and programs; (iii) a proposed organizational structure for implementing the program; (iv) a proposal to measure performance toward the goal and implementation progress; and (v) an evaluation to which local land use and transportation policies apply, including parking policies and ordinances, to determine the extent that they complement and support the trip reduction investments of major employers. Each of these program elements shall be consistent with the rules established under RCW 70A.15.4060
.
(d) A designated growth and transportation efficiency center shall be consistent with the land use and transportation elements of the local comprehensive plan.
(e) Transit agencies, local governments, and regional transportation planning organizations shall identify certified growth and transportation efficiency centers as priority areas for new service and facility investments in their respective investment plans.
(2) A county, city, or town that has established a growth and transportation efficiency center program shall support vehicle trip reduction activities in the designated area. The implementing jurisdiction shall adopt policies, ordinances, and funding strategies that will lead to attainment of program goals in those areas.
[
2025 c 417 s 1222
;
2020 c 20 s 1126
;
2006 c 329 s 4
. Formerly RCW 70.94.528
.]
NOTES:
Effective date
—
2025 c 417 ss 304 and 1201-1224:
See note following RCW 46.63.200
.
Findings
—
Intent
—
2025 c 417:
See note following RCW 82.38.030
.
RCW 70A.15.4040
Transportation demand management
—
Requirements for employers.
(1) State agency worksites are subject to the same requirements under this section and RCW 70A.15.4050
as private employers.
(2) Not more than ninety days after the adoption of a jurisdiction's commute trip reduction plan, each major employer in that jurisdiction shall perform a baseline measurement consistent with the rules established by the department of transportation under RCW 70A.15.4060
. Not more than ninety days after receiving the results of the baseline measurement, each major employer shall develop a commute trip reduction program and shall submit a description of that program to the jurisdiction for review. The program shall be implemented not more than ninety days after approval by the jurisdiction.
(3) A commute trip reduction program of a major employer shall consist of, at a minimum (a) designation of a transportation coordinator and the display of the name, location, and telephone number of the coordinator in a prominent manner at each affected worksite; (b) regular distribution of information to employees regarding alternatives to single-occupant vehicle commuting; (c) a regular review of employee commuting and reporting of progress toward meeting the single-occupant vehicle reduction goals to the county, city, or town consistent with the method established in the commute trip reduction plan and the rules established by the department of transportation under RCW 70A.15.4060
; and (d) implementation of a set of measures designed to achieve the applicable commute trip reduction goals adopted by the jurisdiction. Such measures may include but are not limited to:
(i) Provision of preferential parking or reduced parking charges, or both, for high occupancy vehicles and motorcycles;
(ii) Instituting or increasing parking charges for single-occupant vehicles;
(iii) Provision of commuter ride matching services to facilitate employee ride sharing for commute trips;
(iv) Provision of subsidies for transit fares;
(v) Provision of vans for vanpools;
(vi) Provision of subsidies for carpooling or vanpooling;
(vii) Permitting the use of the employer's vehicles for carpooling or vanpooling;
(viii) Permitting flexible work schedules to facilitate employees' use of transit, carpools, or vanpools;
(ix) Cooperation with transportation providers to provide additional regular or express service to the worksite;
(x) Construction of special loading and unloading facilities for transit, carpool, and vanpool users;
(xi) Provision of bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work;
(xii) Provision of a program of parking incentives such as a rebate for employees who do not use the parking facility;
(xiii) Establishment of a program to permit employees to work part or full time at home or at an alternative worksite closer to their homes;
(xiv) Establishment of a program of alternative work schedules such as compressed workweek schedules which reduce commuting; and
(xv) Implementation of other measures designed to facilitate the use of high occupancy vehicles such as on-site day care facilities and emergency taxi services.
(4) Employers or owners of worksites may form or utilize existing transportation management associations or other transportation-related associations authorized by RCW 35.87A.010
to assist members in developing and implementing commute trip reduction programs.
(5) Employers shall make a good faith effort towards achievement of the goals identified in RCW 70A.15.4020
(4)(d).
[
2020 c 20 s 1127
;
2013 c 26 s 1
;
2006 c 329 s 5
;
1997 c 250 s 3
; (1995 2nd sp.s. c 14 s 530 expired June 30, 1997);
1991 c 202 s 13
. Formerly RCW 70.94.531
.]
NOTES:
Expiration date
—
1995 2nd sp.s. c 14 ss 511-523, 528-533:
See note following RCW 43.19.1919
.
Effective dates
—
1995 2nd sp.s. c 14:
See note following RCW 43.19.1919
.
Severability
—
1995 2nd sp.s. c 14:
See note following RCW 43.19.1919
.
Captions not law
—
Effective date
—
Severability
—
1991 c 202:
See notes following RCW 47.50.010
.
RCW 70A.15.4050
Transportation demand management
—
Jurisdictions' review and penalties.
(1) Each jurisdiction implementing a commute trip reduction plan under this chapter or as part of a plan or ordinance developed under RCW 36.70A.070
shall review each employer's initial commute trip reduction program to determine if the program is likely to meet the applicable commute trip reduction goals. The employer shall be notified by the jurisdiction of its findings. If the jurisdiction finds that the program is not likely to meet the applicable commute trip reduction goals, the jurisdiction will work with the employer to modify the program as necessary. The jurisdiction shall complete review of each employer's initial commute trip reduction program within ninety days of receipt.
(2) Employers implementing commute trip reduction programs are expected to undertake good faith efforts to achieve the goals outlined in RCW 70A.15.4020
(4). Employers are considered to be making a good faith effort if the following conditions have been met:
(a) The employer has met the minimum requirements identified in RCW 70A.15.4040
;
(b) The employer has notified the jurisdiction of its intent to substantially change or modify its program and has either received the approval of the jurisdiction to do so or has acknowledged that its program may not be approved without additional modifications;
(c) The employer has provided adequate information and documentation of implementation when requested by the jurisdiction; and
(d) The employer is working collaboratively with its jurisdiction to continue its existing program or is developing and implementing program modifications likely to result in improvements to the program over an agreed upon length of time.
(3) Each jurisdiction shall review at least once every two years each employer's progress and good faith efforts toward meeting the applicable commute trip reduction goals. If an employer makes a good faith effort, as defined in this section, but is not likely to meet the applicable commute trip reduction goals, the jurisdiction shall work collaboratively with the employer to make modifications to the commute trip reduction program. Failure of an employer to reach the applicable commute trip reduction goals is not a violation of this chapter.
(4) If an employer fails to make a good faith effort and fails to meet the applicable commute trip reduction goals, the jurisdiction shall work collaboratively with the employer to propose modifications to the program and shall direct the employer to revise its program within thirty days to incorporate those modifications or modifications which the jurisdiction determines to be equivalent.
(5) Each jurisdiction implementing a commute trip reduction plan pursuant to this chapter may impose civil penalties, in the manner provided in chapter
7.80
RCW, for failure by an employer to implement a commute trip reduction program or to modify its commute trip reduction program as required in subsection (4) of this section. No major employer may be held liable for civil penalties for failure to reach the applicable commute trip reduction goals. No major employer shall be liable for civil penalties under this chapter if failure to achieve a commute trip reduction program goal was the result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith.
(6) Jurisdictions shall notify major employers of the procedures for applying for goal modification or exemption from the commute trip reduction requirements based on the guidelines established by the commute trip reduction board authorized under RCW 70A.15.4060
.
[
2020 c 20 s 1128
;
2006 c 329 s 6
;
1997 c 250 s 4
;
1991 c 202 s 14
. Formerly RCW 70.94.534
.]
NOTES:
Captions not law
—
Effective date
—
Severability
—
1991 c 202:
See notes following RCW 47.50.010
.
RCW 70A.15.4060
Transportation demand management
—
Commute trip reduction board.
(1) A sixteen member state commute trip reduction board is established as follows:
(a) The secretary of transportation or the secretary's designee who shall serve as chair;
(b) One representative from the office of financial management;
(c) The director or the director's designee of one of the following agencies, to be determined by the secretary of transportation:
(i) Department of enterprise services;
(ii) Department of ecology;
(iii) Department of commerce;
(d) Three representatives from cities and towns or counties appointed by the secretary of transportation for staggered four-year terms from a list recommended by the association of Washington cities or the Washington state association of counties;
(e) Two representatives from transit agencies appointed by the secretary of transportation for staggered four-year terms from a list recommended by the Washington state transit association;
(f) Two representatives from participating regional transportation planning organizations appointed by the secretary of transportation for staggered four-year terms;
(g) Four representatives of employers at or owners of major worksites in Washington, or transportation management associations, business improvement areas, or other transportation organizations representing employers, appointed by the secretary of transportation for staggered four-year terms; and
(h) Two citizens appointed by the secretary of transportation for staggered four-year terms.
Members of the commute trip reduction board shall serve without compensation but shall be reimbursed for travel expenses as provided in RCW 43.03.050
and
43.03.060
. Members appointed by the secretary of transportation shall be compensated in accordance with RCW 43.03.220
. The board has all powers necessary to carry out its duties as prescribed by this chapter.
(2) By March 1, 2007, the department of transportation shall establish rules for commute trip reduction plans and implementation procedures. The commute trip reduction board shall advise the department on the content of the rules. The rules are intended to ensure consistency in commute trip reduction plans and goals among jurisdictions while fairly taking into account differences in employment and housing density, employer size, existing and anticipated levels of transit service, special employer circumstances, and other factors the board determines to be relevant. The rules shall include:
(a) Guidance criteria for growth and transportation efficiency centers;
(b) Data measurement methods and procedures for determining the efficacy of commute trip reduction activities and progress toward meeting commute trip reduction plan goals;
(c) Model commute trip reduction ordinances;
(d) Methods for assuring consistency in the treatment of employers who have worksites subject to the requirements of this chapter in more than one jurisdiction;
(e) An appeals process by which major employers, who as a result of special characteristics of their business or its locations would be unable to meet the requirements of a commute trip reduction plan, may obtain a waiver or modification of those requirements and criteria for determining eligibility for waiver or modification;
(f) Establishment of a process for determining the state's affected areas, including criteria and procedures for regional transportation planning organizations in consultation with local jurisdictions to propose to add or exempt urban growth areas;
(g) Listing of the affected areas of the program to be done every four years as identified in subsection (5) of this section;
(h) Establishment of a criteria and application process to determine whether jurisdictions that voluntarily implement commute trip reduction are eligible for state funding;
(i) Guidelines and deadlines for creating and updating local commute trip reduction plans, including guidance to ensure consistency between the local commute trip reduction plan and the transportation demand management strategies identified in the transportation element in the local comprehensive plan, as required by RCW 36.70A.070
;
(j) Guidelines for creating and updating regional commute trip reduction plans, including guidance to ensure the regional commute trip reduction plan is consistent with and incorporated into transportation demand management components in the regional transportation plan;
(k) Methods for regional transportation planning organizations to evaluate and certify that designated growth and transportation efficiency center programs meet the minimum requirements and are eligible for funding;
(l) Guidelines for creating and updating growth and transportation efficiency center programs; and
(m) Establishment of statewide program goals. The goals shall be designed to achieve substantial reductions in the proportion of single-occupant vehicle commute trips and the commute trip vehicle miles traveled per employee, at a level that is projected to improve the mobility of people and goods by increasing the efficiency of the state highway system.
(3) The board shall create a state commute trip reduction plan that shall be updated every four years as discussed in subsection (5) of this section. The state commute trip reduction plan shall include, but is not limited to: (a) Statewide commute trip reduction program goals that are designed to substantially improve the mobility of people and goods; (b) identification of strategies at the state and regional levels to achieve the goals and recommendations for how transportation demand management strategies can be targeted most effectively to support commute trip reduction program goals; (c) performance measures for assessing the cost-effectiveness of commute trip reduction strategies and the benefits for the state transportation system; and (d) a sustainable financial plan. The board shall review and approve regional commute trip reduction plans, and work collaboratively with regional transportation planning organizations in the establishment of the state commute trip reduction plan.
(4) The board shall work with affected jurisdictions, major employers, and other parties to develop and implement a public awareness campaign designed to increase the effectiveness of local commute trip reduction programs and support achievement of the objectives identified in this chapter.
(5) The board shall evaluate and update the commute trip reduction program plan and recommend changes to the rules every four years, with the first assessment report due July 1, 2011, to ensure that the latest data methodology used by the department of transportation is incorporated into the program and to determine which areas of the state should be affected by the program. The board shall review the definition of a major employer no later than December 1, 2009. The board shall regularly identify urban growth areas that are projected to be affected by chapter 329, Laws of 2006 in the next four-year period and may provide advance planning support to the potentially affected jurisdictions.
(6) The board shall review progress toward implementing commute trip reduction plans and programs and the costs and benefits of commute trip reduction plans and programs and shall make recommendations to the legislature and the governor by December 1, 2009, and every two years thereafter. In assessing the costs and benefits, the board shall consider the costs of not having implemented commute trip reduction plans and programs. The board shall examine other transportation demand management programs nationally and incorporate its findings into its recommendations to the legislature. The recommendations shall address the need for continuation, modification, or termination or any or all requirements of this chapter.
(7) The board shall invite personnel with appropriate expertise from state, regional, and local government, private, public, and nonprofit providers of transportation services, and employers or owners of major worksites in Washington to act as a technical advisory group. The technical advisory group shall advise the board on the implementation of local and regional commute trip reduction plans and programs, program evaluation, program funding allocations, and state rules and guidelines.
[
2015 c 225 s 104
;
2011 1st sp.s. c 21 s 26
;
2006 c 329 s 7
;
1997 c 250 s 5
;
1996 c 186 s 514
;
1995 c 399 s 188
;
1991 c 202 s 15
. Formerly RCW 70.94.537
.]
NOTES:
Effective date
—
2011 1st sp.s. c 21:
See note following RCW 72.23.025
.
Findings
—
Intent
—
Part headings not law
—
Effective date
—
1996 c 186:
See notes following RCW 43.330.904
.
Captions not law
—
Effective date
—
Severability
—
1991 c 202:
See notes following RCW 47.50.010
.
RCW 70A.15.4070
Transportation demand management
—
Technical assistance.
(1) The department of transportation shall provide staff support to the commute trip reduction board in carrying out the requirements of RCW 70A.15.4060
.
(2) The department of transportation shall provide technical assistance to regional transportation planning organizations, counties, cities, towns, state agencies, as defined in RCW 40.06.010, and other employers in developing and implementing commute trip reduction plans and programs. The technical assistance shall include: (a) Guidance in single measurement methodology and practice to be used in determining progress in attaining plan goals; (b) developing model plans and programs appropriate to different situations; and (c) providing consistent training and informational materials for the implementation of commute trip reduction programs. Model plans and programs, training, and informational materials shall be developed in cooperation with representatives of regional transportation planning organizations, local governments, transit agencies, and employers.
(3) In carrying out this section the department of transportation may contract with statewide associations representing cities, towns, and counties to assist cities, towns, and counties in implementing commute trip reduction plans and programs.
[
2020 c 20 s 1129
;
2009 c 427 s 1
;
2006 c 329 s 8
;
1996 c 186 s 515
;
1991 c 202 s 16
. Formerly RCW 70.94.541
.]
NOTES:
Findings
—
Intent
—
Part headings not law
—
Effective date
—
1996 c 186:
See notes following RCW 43.330.904
.
Captions not law
—
Effective date
—
Severability
—
1991 c 202:
See notes following RCW 47.50.010
.
RCW 70A.15.4080
Transportation demand management
—
Use of funds.
A portion of the funds made available for the purposes of this chapter shall be used to fund the commute trip reduction board in carrying out the responsibilities of RCW 70A.15.4060, and the department of transportation, including the activities authorized under RCW 70A.15.4070
(2), and to assist regional transportation planning organizations, counties, cities, and towns implementing commute trip reduction plans. The commute trip reduction board shall determine the allocation of program funds made available for the purposes of this chapter to regional transportation planning organizations, counties, cities, and towns implementing commute trip reduction plans. If state funds for the purposes of this chapter are provided to those jurisdictions implementing voluntary commute trip reduction plans, the funds shall be disbursed based on criteria established by the commute trip reduction board under RCW 70A.15.4060
.
[
2020 c 20 s 1130
;
2006 c 329 s 9
;
2001 c 74 s 1
;
1991 c 202 s 17
. Formerly RCW 70.94.544
.]
NOTES:
Captions not law
—
Effective date
—
Severability
—
1991 c 202:
See notes following RCW 47.50.010
.
RCW 70A.15.4090
Transportation demand management
—
Intent
—
State leadership.
The legislature hereby recognizes the state's crucial leadership role in establishing and implementing effective commute trip reduction programs. Therefore, it is the policy of the state that the department of transportation and other state agencies, including institutions of higher education, shall aggressively develop substantive programs to reduce commute trips by state employees. Implementation of these programs will reduce energy consumption, congestion in urban areas, and air and water pollution associated with automobile travel.
[
2009 c 427 s 2
;
2006 c 329 s 10
;
1991 c 202 s 18
. Formerly RCW 70.94.547
.]
NOTES:
Captions not law
—
Effective date
—
Severability
—
1991 c 202:
See notes following RCW 47.50.010
.
RCW 70A.15.4100
Transportation demand management
—
State agencies
—
Joint comprehensive commute trip reduction plan
—
Reports.
(1) The secretary of the department of transportation may coordinate an interagency board or other interested parties for the purpose of developing policies or guidelines that promote consistency among state agency commute trip reduction programs required by RCW 70A.15.4020
and
70A.15.4040
or developed under the joint comprehensive commute trip reduction plan described in this section. The board shall include representatives of the departments of transportation, enterprise services, ecology, and commerce and such other departments and interested groups as the secretary of the department of transportation determines to be necessary. Policies and guidelines shall be applicable to all state agencies including but not limited to policies and guidelines regarding parking and parking charges, employee incentives for commuting by other than single-occupant automobiles, flexible and alternative work schedules, alternative worksites, and the use of state-owned vehicles for car and vanpools and guaranteed rides home. The policies and guidelines shall also consider the costs and benefits to state agencies of achieving commute trip reductions and consider mechanisms for funding state agency commute trip reduction programs.
(2) State agencies sharing a common location in affected urban growth areas where the total number of state employees is one hundred or more shall, with assistance from the department of transportation, develop and implement a joint commute trip reduction program. The worksite must be treated as specified in RCW 70A.15.4040
and
70A.15.4050
.
(3) The department of transportation shall develop a joint comprehensive commute trip reduction plan for all state agencies, including institutions of higher education, located in the Olympia, Lacey, and Tumwater urban growth areas.
(a) In developing the joint comprehensive commute trip reduction plan, the department of transportation shall work with applicable state agencies, including institutions of higher education, and shall collaborate with the following entities: Local jurisdictions; regional transportation planning organizations as described in chapter
47.80
RCW; transit agencies, including regional transit authorities as described in chapter
81.112
RCW and transit agencies that serve areas within twenty-five miles of the Olympia, Lacey, or Tumwater urban growth areas; and the capitol campus design advisory committee established in RCW 43.34.080
.
(b) The joint comprehensive commute trip reduction plan must build on existing commute trip reduction programs and policies. At a minimum, the joint comprehensive commute trip reduction plan must include strategies for telework and flexible work schedules, parking management, and consideration of the impacts of worksite location and design on multimodal transportation options.
(c) The joint comprehensive commute trip reduction plan must include performance measures and reporting methods and requirements.
(d) The joint comprehensive commute trip reduction plan may include strategies to accommodate differences in worksite size and location.
(e) The joint comprehensive commute trip reduction plan must be consistent with jurisdictional and regional transportation, land use, and commute trip reduction plans, the state six-year facilities plan, and the master plan for the capitol of the state of Washington.
(f) Not more than ninety days after the adoption of the joint comprehensive commute trip reduction plan, state agencies within the three urban growth areas must implement a commute trip reduction program consistent with the objectives and strategies of the joint comprehensive commute trip reduction plan.
(4) The department of transportation shall review the initial commute trip reduction program of each state agency subject to the commute trip reduction plan for state agencies to determine if the program is likely to meet the applicable commute trip reduction goals and notify the agency of any deficiencies. If it is found that the program is not likely to meet the applicable commute trip reduction goals, the department of transportation will work with the agency to modify the program as necessary.
(5) Each state agency implementing a commute trip reduction plan shall report at least once per year to its agency director on the performance of the agency's commute trip reduction program as part of the agency's quality management, accountability, and performance system as defined by RCW 43.17.385
. The reports shall assess the performance of the program, progress toward state goals established under RCW 70A.15.4060, and recommendations for improving the program.
(6) The department of transportation shall review the agency performance reports defined in subsection (5) of this section and submit a biennial report for state agencies subject to this chapter to the governor and incorporate the report in the commute trip reduction board report to the legislature as directed in RCW 70A.15.4060
(6). The report shall include, but is not limited to, an evaluation of the most recent measurement results, progress toward state goals established under RCW 70A.15.4060, and recommendations for improving the performance of state agency commute trip reduction programs. The information shall be reported in a form established by the commute trip reduction board.
[
2020 c 20 s 1131
;
2015 c 225 s 105
;
2009 c 427 s 3
;
2006 c 329 s 11
;
1997 c 250 s 6
;
1996 c 186 s 516
;
1991 c 202 s 19
. Formerly RCW 70.94.551
.]
NOTES:
Findings
—
Intent
—
Part headings not law
—
Effective date
—
1996 c 186:
See notes following RCW 43.330.904
.
Captions not law
—
Effective date
—
Severability
—
1991 c 202:
See notes following RCW 47.50.010
.
State vehicle parking account: RCW 43.01.225
.
RCW 70A.15.4110
Transportation demand management
—
Collective bargaining powers unaffected.
Nothing in chapter 329, Laws of 2006 preempts the ability of state employees to collectively bargain over commute trip reduction issues, including parking fees under chapter
41.80
RCW, or the ability of private sector employees to collectively bargain over commute trip reduction issues if previously such issues were mandatory subjects of collective bargaining.
[
2006 c 329 s 3
. Formerly RCW 70.94.555
.]
RCW 70A.15.4200
Zero emission school bus grant program.
(1) The department must administer the zero emission school bus grant program within the clean diesel grant program for buses, infrastructure, and related costs.
(2)(a) Appropriations to this grant program are provided solely for grants to transition from fossil fuel school buses to zero emission vehicles. Eligible uses of grant funds include the planning and acquisition of zero emission school bus vehicles for student transportation, planning, design, and construction of associated fueling and charging infrastructure, including infrastructure to allow the use of zero emission buses in cold weather and other challenging operational conditions, the scrapping of old diesel school buses, and training drivers, mechanics, and facility operations personnel to operate and maintain the zero emission buses and infrastructure.
(b) Grant recipients may combine grant funds awarded under this section with any other source of funding in order to secure all funds needed to fully purchase each zero emission vehicle and any associated charging infrastructure.
(c) Grants issued under this section are in addition to payments made under the depreciation schedule adopted by the office of the superintendent of public instruction. Grants may only be issued until the school bus depreciation schedule established in RCW 28A.160.200
is adjusted to fund the cost of zero emission bus purchases at which time the department must transition the program established in this section to focus solely on electric vehicle charging infrastructure grants.
(3) When selecting grant recipients, the department must prioritize, in descending order of priority:
(a) School districts currently using school buses manufactured prior to 2007 and serving overburdened communities, including communities of color, rural, and low-income communities, highly impacted by air pollution identified by the department under RCW 70A.65.020
(1);
(b) If funds remain after reviewing grant applications meeting the criteria of (a) of this subsection, school districts serving overburdened communities, including communities of color, rural, and low-income communities, highly impacted by air pollution identified by the department under RCW 70A.65.020
(1);
(c) If funds remain after reviewing grant applications meeting the criteria of (a) and (b) of this subsection, the replacement of school buses manufactured prior to 2007; and
(d) If funds remain after reviewing grant applications meeting the criteria of (a), (b), or (c) of this subsection, to applicants that demonstrate an unsuccessful application to receive federal funding for zero emission school bus purposes prior to January 1, 2024.
(4) The department must distribute no less than 90 percent of the funds appropriated under this section to grant recipients. Amounts retained by the department may only be used as follows:
(a) Up to three and one-half percent of funds appropriated under this section for administering the grant program; and
(b) Up to six and one-half percent of funds appropriated under this section to provide technical assistance to grant applicants including, but not limited to, assistance in evaluating charging infrastructure and equipment and in coordinating with electric utility service adequacy.
(5) The department must provide notice of a grant award decision to the utility providing electrical service to the grant recipient.
(6) By June 1, 2025, the department in consultation with the superintendent of public instruction must submit a report to the governor and the relevant policy and fiscal committees of the legislature providing an update on the status of implementation of the grant program under this section and a summary of recommendations and implementation considerations for transitioning the zero emission school bus grant program to the competitive school bus vehicle depreciation schedule established in RCW 28A.160.200
.
(7) For the purposes of this section, "zero emission vehicles" means a vehicle that produces zero exhaust emission of any air pollutant and any greenhouse gas other than water vapor.
[
2024 c 345 s 2
.]
NOTES:
Findings
—
Intent
—
2024 c 345:
"(1) The legislature finds that zero emission vehicle technology is crucial to protecting Washington's children from the health impacts of fossil fuel emissions and to limiting the long-term impacts of climate change on our planet. Spurred by a supportive regulatory environment, the state has made great advances in recent years that have improved the performance and reduced the costs of such vehicles. With the recent deployment of financial incentives for clean transportation technology under the federal bipartisan infrastructure law of 2021, the inflation reduction act of 2022, and state funding for early adopters of zero emission buses that began being made available in the 2023 enacted budgets, the costs and performance of zero emission vehicles, including zero emission school buses, are forecast to continue to improve in coming years. Zero emission school buses on the market today feature reduced fuel, operations, and maintenance costs compared to their fossil-fueled counterparts.
(2) Zero emission school buses and the related reduction of diesel exhaust will also have significant public health benefits for children, school staff, bus drivers, and communities, and decrease inequities. Residents in overburdened parts of Washington facing poor air quality are disproportionately communities of color, rural, and low-income and suffer from increased health risks, higher medical bills, are living sicker and dying younger, emphasizing the need for cleaner air and environmental justice.
(3) Further, the legislature finds that school districts need funding support to enable the transition to zero emission buses, including accurately reflecting the costs of zero emission buses in the state's reimbursement schedule for school buses. Zero emission buses are intended to include both battery electric technologies and hydrogen fuel cell technologies.
(4) Therefore, it is the intent of the legislature to help transition school districts, charter schools, and state-tribal education compact schools to using only zero emission school buses.
(5) During this transition, it is the intent of the legislature to prioritize grants to communities that are already bearing the most acute harms of air pollution, and to replace the oldest diesel vehicles that were manufactured under outdated and less protective federal emission standards. During the time leading up to an eventual phase out of fossil fuel-powered school buses, electric utilities are encouraged to plan and take steps to ensure any service upgrades necessary to support the onboarding of zero emission fleets of school buses, including by making use of the grid modernization grant program administered by the department of commerce. Schools and school districts receiving zero emission school buses funded through the program created in this act are encouraged to coordinate with electric utilities to utilize the vehicles to support electric system reliability and capacity through vehicle-to-grid integration when the buses are not in service." [
2024 c 345 s 1
.]
RCW 70A.15.4500
Reports of authorities to department of ecology
—
Contents.
All authorities in the state shall submit quarterly reports to the department of ecology detailing the current status of air pollution control regulations in the authority and, by county, the progress made toward bringing all sources in the authority into compliance with authority standards.
[
1979 ex.s. c 30 s 14
;
1969 ex.s. c 168 s 52
. Formerly RCW 70.94.600
.]
RCW 70A.15.4510
Burning used oil fuel in land-based facilities.
(1) Except as provided in subsection (2) of this section, a person may not burn used oil as fuel in a land-based facility or in state waters unless the used oil meets the following standards:
(a) Cadmium: 2 ppm maximum
(b) Chromium: 10 ppm maximum
(c) Lead: 100 ppm maximum
(d) Arsenic: 5 ppm maximum
(e) Total halogens: 1000 ppm maximum
(f) Polychlorinated biphenyls: 2 ppm maximum
(g) Ash:  .1 percent maximum
(h) Sulfur: 1.0 percent maximum
(i) Flash point: 100 degrees Fahrenheit minimum.
(2) This section shall not apply to: (a) Used oil burned in space heaters if the space heater has a maximum heat output of not greater than 0.5 million btu's per hour or used oil burned in facilities permitted by the department or a local air pollution control authority; or (b) ocean-going vessels.
(3) This section shall not apply to persons in the business of collecting used oil from residences when under authorization by a city, county, or the utilities and transportation commission.
[
1991 c 319 s 311
. Formerly RCW 70.94.610
.]
RCW 70A.15.4520
Metals mining and milling operations permits
—
Inspections by department of ecology.
If a metals mining and milling operation is issued a permit pursuant to this chapter, then it will be subject to special inspection requirements. The department of ecology shall inspect these mining operations at least quarterly in order to ensure that the operation is in compliance with the conditions of any permit issued to it pursuant to this chapter. The department shall conduct additional inspections during the construction phase of the mining and milling operation in order to ensure compliance with this chapter.
[
1994 c 232 s 18
. Formerly RCW 70.94.620
.]
NOTES:
Effective date
—
1994 c 232 ss 6-8 and 18-22:
See RCW 78.56.902
.
RCW 70A.15.4530
Odors or fugitive dust caused by agricultural activities consistent with good agricultural practices exempt from chapter.
(1) Odors or fugitive dust caused by agricultural activity consistent with good agricultural practices on agricultural land are exempt from the requirements of this chapter unless they have a substantial adverse effect on public health. In determining whether agricultural activity is consistent with good agricultural practices, the department of ecology or board of any authority shall consult with a recognized third-party expert in the activity prior to issuing any notice of violation.
(2) Any notice of violation issued under this chapter pertaining to odors or fugitive dust caused by agricultural activity shall include a detailed statement with evidence as to why the activity is inconsistent with good agricultural practices, or a detailed statement with evidence that the odors or fugitive dust have substantial adverse effect on public health.
(3) In any appeal to the pollution control hearings board or any judicial appeal, the agency issuing a final order pertaining to odors or fugitive dust caused by agricultural activity shall prove the activity is inconsistent with good agricultural practices or that the odors or fugitive dust have a substantial adverse impact on public health.
(4) If a person engaged in agricultural activity on a contiguous piece of agricultural land sells or has sold a portion of that land for residential purposes, the exemption of this section shall not apply.
(5) As used in this section:
(a) "Agricultural activity" means the growing, raising, or production of horticultural or viticultural crops, berries, poultry, livestock, shellfish, grain, mint, hay, and dairy products. "Agricultural activity" also includes the growing, raising, or production of cattle at cattle feedlots.
(b) "Good agricultural practices" means economically feasible practices which are customary among or appropriate to farms and ranches of a similar nature in the local area and for cattle feedlots means implementing best management practices pursuant to a fugitive dust control plan that conforms to the fugitive dust control guidelines for beef cattle feedlots, best management practices, and plan development and approval procedures that were approved by the department of ecology in December 1995 or in updates to those guidelines that are mutually agreed to by the department of ecology and by the Washington cattle feeders association or a successor organization on behalf of cattle feedlots.
(c) "Agricultural land" means at least five acres of land devoted primarily to the commercial production of livestock, agricultural commodities, or cultured aquatic products.
(d) "Fugitive dust" means a particulate emission made airborne by human activity, forces of wind, or both, and which do not pass through a stack, chimney, vent, or other functionally equivalent opening.
(6) The exemption for fugitive dust provided in subsection (1) of this section does not apply to facilities subject to RCW 70A.15.2200
as specified in WAC 173-400-100 as of July 24, 2005, 70A.15.2210, or
70A.15.2260
. The exemption for fugitive dust provided in subsection (1) of this section applies to cattle feedlots with operational facilities which have an inventory of one thousand or more cattle in operation between June 1st and October 1st, where vegetation forage growth is not sustained over the majority of the lot during the normal growing season; except that the cattle feedlots must comply with applicable requirements included in the approved state implementation plan for air quality as of July 23, 2017; and except if an area in which a cattle feedlot is located is at any time in the future designated nonattainment for a national ambient air quality standard for particulate matter, additional control measures may be required for cattle feedlots as part of a state implementation plan's control strategy for that area and as necessary to ensure the area returns to attainment.
[
2020 c 20 s 1132
;
2017 c 217 s 1
;
2005 c 511 s 4
;
1981 c 297 s 30
. Formerly RCW 70.94.640
.]
NOTES:
Legislative finding, intent
—
1981 c 297:
"The legislature finds that agricultural land is essential to providing citizens with food and fiber and to insuring aesthetic values through the preservation of open spaces in our state. The legislature further finds that government regulations can cause agricultural land to be converted to nonagricultural uses. The legislature intends that agricultural activity consistent with good practices be protected from government over-regulation." [
1981 c 297 s 29
.]
Reviser's note:
The above legislative finding and intent section apparently applies to sections 30 and 31 of chapter 297, Laws of 1981, which sections have been codified pursuant to legislative direction as RCW 70.94.640
and
90.48.450, respectively.
Severability
—
1981 c 297:
See note following RCW 15.36.201
.
RCW 70A.15.4540
Ammonia emissions from use as agricultural or silvicultural fertilizer
—
Regulation prohibited.
The department shall not regulate ammonia emissions resulting from the storage, distribution, transport, or application of ammonia for use as an agricultural or silvicultural fertilizer.
[
1996 c 204 s 2
. Formerly RCW 70.94.645
.]
RCW 70A.15.5000
Definition of "outdoor burning."
As used in this subchapter, "outdoor burning" means the combustion of material of any type in an open fire or in an outdoor container without providing for the control of combustion or the control of emissions from the combustion.
[
2009 c 118 s 101
. Formerly RCW 70.94.6511
.]
NOTES:
Purpose
—
2009 c 118:
"The purpose of this act is to make technical, nonsubstantive changes to outdoor burning provisions of the Washington clean air act, chapter
70.94
RCW, to improve clarity. No provision of this act may be construed as a substantive change to the Washington clean air act." [
2009 c 118 s 1
.]
RCW 70A.15.5010
Outdoor burning
—
Fires prohibited
—
Exceptions.
Except as provided in RCW 70A.15.5180, no person shall cause or allow any outdoor fire:
(1) Containing garbage, dead animals, asphalt, petroleum products, paints, rubber products, plastics, or any substance other than natural vegetation that normally emits dense smoke or obnoxious odors. Agricultural heating devices that otherwise meet the requirements of this chapter shall not be considered outdoor fires under this section;
(2) During a forecast, alert, warning or emergency condition as defined in RCW 70A.15.6010
or impaired air quality condition as defined in RCW 70A.15.3580
.
[
2020 c 20 s 1133
;
2009 c 118 s 102
;
1995 c 362 s 2
;
1991 c 199 s 410
;
1974 ex.s. c 164 s 1
;
1973 2nd ex.s. c 11 s 1
;
1973 1st ex.s. c 193 s 9
. Formerly RCW 70.94.6512, 70.94.775
.]
NOTES:
Purpose
—
2009 c 118:
See note following RCW 70A.15.5000
.
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
RCW 70A.15.5020
Outdoor burning
—
Areas where prohibited
—
Exceptions
—
Use for management of storm or flood-related debris
—
Silvicultural burning.
(1) Consistent with the policy of the state to reduce outdoor burning to the greatest extent practical, outdoor burning shall not be allowed in:
(a) Any area of the state where federal or state ambient air quality standards are exceeded for pollutants emitted by outdoor burning; or
(b) Any urban growth area as defined by RCW 36.70A.030, or any city of the state having a population greater than ten thousand people if such cities are threatened to exceed state or federal air quality standards, and alternative disposal practices consistent with good solid waste management are reasonably available or practices eliminating production of organic refuse are reasonably available.
(2) Notwithstanding any other provision of this section, outdoor burning may be allowed for the exclusive purpose of managing storm or flood-related debris. The decision to allow burning shall be made by the entity with permitting jurisdiction as determined under RCW 70A.15.5120
or
70A.15.5040
. If outdoor burning is allowed in areas subject to subsection (1)(a) or (b) of this section, a permit shall be required, and a fee may be collected to cover the expenses of administering and enforcing the permit. All conditions and restrictions pursuant to RCW 70A.15.5080
(1) and
70A.15.5010
apply to outdoor burning allowed under this section.
(3)(a) Outdoor burning that is normal, necessary, and customary to ongoing agricultural activities, that is consistent with agricultural burning authorized under RCW 70A.15.5090
and
70A.15.5110, is allowed within the urban growth area in accordance with RCW 70A.15.5090
(8)(a).
(b) Outdoor burning of cultivated orchard trees shall be allowed as an ongoing agricultural activity under this section in accordance with RCW 70A.15.5090
(8)(b).
(4) This section shall not apply to silvicultural burning used to improve or maintain fire dependent ecosystems for rare plants or animals within state, federal, and private natural area preserves, natural resource conservation areas, parks, and other wildlife areas.
(5) Notwithstanding any other provisions of this section, outdoor burning that reduces the risk of a wildfire, or is normal, necessary, and customary to ongoing silvicultural activities consistent with silvicultural burning authorized under RCW 70A.15.5120
(1), is allowed within the urban growth area in accordance with RCW 70A.15.5120
. Before issuing a burn permit within the urban growth area for any burn that exceeds one hundred tons of material, the department of natural resources shall consult with department of ecology and condition the issuance and use of such permits to comply with air quality standards established by the department of ecology.
[
2020 c 20 s 1134
;
2019 c 305 s 3
;
2009 c 118 s 103
;
2004 c 213 s 1
;
2001 1st sp.s. c 12 s 1
;
1998 c 68 s 1
;
1997 c 225 s 1
;
1991 c 199 s 402
. Formerly RCW 70.94.6514, 70.94.743
.]
NOTES:
Purpose
—
2009 c 118:
See note following RCW 70A.15.5000
.
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
RCW 70A.15.5040
Limited outdoor burning
—
Establishment of program.
Each activated air pollution control authority, and the department of ecology in those areas outside the jurisdictional boundaries of an activated air pollution control authority, shall establish, through regulations, ordinances, or policy, a program implementing the limited burning policy authorized by RCW 70A.15.5020, 70A.15.5040, 70A.15.5050, 70A.15.5060, 70A.15.5070, and
70A.15.5080
.
[
2020 c 20 s 1136
;
2009 c 118 s 201
;
1997 c 225 s 2
;
1972 ex.s. c 136 s 4
. Formerly RCW 70.94.6518, 70.94.755
.]
NOTES:
Purpose
—
2009 c 118:
See note following RCW 70A.15.5000
.
RCW 70A.15.5050
Limited outdoor burning
—
Construction.
Nothing contained in RCW 70A.15.5020, 70A.15.5040, 70A.15.5050, 70A.15.5060, 70A.15.5070, and
70A.15.5080
is intended to alter or change the provisions of RCW 70A.15.5120, 70A.15.6000
through
70A.15.6040, and
76.04.205
.
[
2020 c 20 s 1137
;
2009 c 118 s 202
;
1986 c 100 s 55
;
1972 ex.s. c 136 s 5
. Formerly RCW 70.94.6520, 70.94.760
.]
NOTES:
Purpose
—
2009 c 118:
See note following RCW 70A.15.5000
.
RCW 70A.15.5060
Limited outdoor burning
—
Authority of local air pollution control authority or department of ecology to allow outdoor fires not restricted.
Nothing in RCW 70A.15.5020, 70A.15.5040, 70A.15.5050, 70A.15.5060, 70A.15.5070, and
70A.15.5080
shall be construed as prohibiting a local air pollution control authority or the department of ecology in those areas outside the jurisdictional boundaries of an activated pollution control authority from allowing the burning of outdoor fires.
[
2020 c 20 s 1138
;
2009 c 118 s 203
;
1972 ex.s. c 136 s 6
. Formerly RCW 70.94.6522, 70.94.765
.]
NOTES:
Purpose
—
2009 c 118:
See note following RCW 70A.15.5000
.
RCW 70A.15.5070
Limited outdoor burning
—
Program
—
Exceptions.
(1) It shall be the responsibility and duty of the department of natural resources, department of ecology, department of agriculture, county fire marshals in consultation with fire districts, and local air pollution control authorities to establish, through regulations, ordinances, or policy, a limited burning permit program.
(2) The permit program shall apply to residential and land clearing burning in the following areas:
(a) In the nonurban areas of any county with an unincorporated population of greater than fifty thousand; and
(b) In any city and urban growth area that is not otherwise prohibited from burning pursuant to RCW 70A.15.5020
.
(3) The permit program shall apply only to land clearing burning in the nonurban areas of any county with an unincorporated population of less than fifty thousand.
(4) The permit program may be limited to a general permit by rule, or by verbal, written, or electronic approval by the permitting entity.
(5) Notwithstanding any other provision of this section, neither a permit nor the payment of a fee shall be required for outdoor burning for the purpose of disposal of tumbleweeds blown by wind. Such burning shall not be conducted during an air pollution episode or any stage of impaired air quality declared under RCW 70A.15.6010
. This subsection (5) shall only apply within counties with a population less than two hundred fifty thousand.
(6) Burning shall be prohibited in an area when an alternate technology or method of disposing of the organic refuse is available, reasonably economical, and less harmful to the environment. It is the policy of this state to foster and encourage development of alternate methods or technology for disposing of or reducing the amount of organic refuse.
(7) Incidental agricultural burning must be allowed without applying for any permit and without the payment of any fee if:
(a) The burning is incidental to commercial agricultural activities;
(b) The operator notifies the local fire department within the area where the burning is to be conducted;
(c) The burning does not occur during an air pollution episode or any stage of impaired air quality declared under RCW 70A.15.6010
; and
(d) Only the following items are burned:
(i) Orchard prunings;
(ii) Organic debris along fence lines or irrigation or drainage ditches; or
(iii) Organic debris blown by wind.
(8) As used in this section, "nonurban areas" are unincorporated areas within a county that are not designated as urban growth areas under chapter
36.70A
RCW.
(9) Nothing in this section shall require fire districts to enforce air quality requirements related to outdoor burning, unless the fire district enters into an agreement with the department of ecology, department of natural resources, a local air pollution control authority, or other appropriate entity to provide such enforcement.
[
2020 c 20 s 1139
;
2019 c 305 s 4
;
2009 c 118 s 301
;
1995 c 206 s 1
;
1991 c 199 s 401
;
1972 ex.s. c 136 s 2
. Formerly RCW 70.94.6524, 70.94.745
.]
NOTES:
Purpose
—
2009 c 118:
See note following RCW 70A.15.5000
.
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
RCW 70A.15.5080
Limited outdoor burning
—
Permits issued by political subdivisions
—
Types of fires permitted.
The following outdoor fires described in this section may be burned subject to the provisions of this chapter and also subject to city ordinances, county resolutions, rules of fire districts and laws, and rules enforced by the department of natural resources if a permit has been issued by a fire protection agency, county, or conservation district:
(1) Fires consisting of leaves, clippings, prunings and other yard and gardening refuse originating on lands immediately adjacent and in close proximity to a human dwelling and burned on such lands by the property owner or his or her designee.
(2) Fires consisting of residue of a natural character such as trees, stumps, shrubbery or other natural vegetation arising from land clearing projects or agricultural pursuits for pest or disease control; except that the fires described in this subsection may be prohibited in those areas having a general population density of one thousand or more persons per square mile.
[
2009 c 118 s 302
;
1991 c 199 s 412
;
1972 ex.s. c 136 s 3
. Formerly RCW 70.94.6526, 70.94.750
.]
NOTES:
Purpose
—
2009 c 118:
See note following RCW 70A.15.5000
.
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
RCW 70A.15.5090
Permits
—
Issuance
—
Conditioning of permits
—
Fees
—
Agricultural burning practices and research task force
—
Development of public education materials
—
Agricultural activities.
(1) Any person who proposes to set fires in the course of agricultural activities shall obtain a permit from an air pollution control authority, the department of ecology, or a local entity delegated permitting authority under RCW 70A.15.5100
. General permit criteria of statewide applicability shall be established by the department, by rule, after consultation with the various air pollution control authorities. For the purposes of this section, agricultural burning includes the combustion of natural vegetation from agricultural activities in portable flame cap kilns, provided that the biomass does not contain any prohibited materials as defined in RCW 70A.15.5010
(1).
(a) Permits shall be issued under this section based on seasonal operations or by individual operations, or both.
(b) Incidental agricultural burning consistent with provisions established in RCW 70A.15.5070
is allowed without applying for any permit and without the payment of any fee.
(2) The department of ecology, local air authorities, or a local entity with delegated permit authority shall:
(a) Condition all permits to ensure that the public interest in air, water, and land pollution and safety to life and property is fully considered;
(b) Condition all burning permits to minimize air pollution insofar as practical;
(c) Act upon, within seven days from the date an application is filed under this section, an application for a permit to set fires in the course of agricultural burning for controlling diseases, insects, weed abatement, or development of physiological conditions conducive to increased crop yield;
(d) Provide convenient methods for issuance and oversight of agricultural burning permits; and
(e) Work, through agreement, with counties and cities to provide convenient methods for granting permission for agricultural burning, including telephone, facsimile transmission, issuance from local city or county offices, or other methods.
(3) A local air authority administering the permit program under subsection (2) of this section shall not limit the number of days of allowable agricultural burning, but may consider the time of year, meteorological conditions, and other criteria specified in rules adopted by the department to implement subsection (2) of this section.
(4) In addition to following any other requirements established by the department to protect air quality pursuant to other laws, applicants for permits must show that the setting of fires as requested is the most reasonable procedure to follow in safeguarding life or property under all circumstances or is otherwise reasonably necessary to successfully carry out the enterprise in which the applicant is engaged, or both. Nothing in this section relieves the applicant from obtaining permits, licenses, or other approvals required by any other law.
(5) The department of ecology, the appropriate local air authority, or a local entity with delegated permitting authority pursuant to RCW 70A.15.5100
at the time the permit is issued shall assess and collect permit fees for burning under this section. All fees collected shall be deposited in the air pollution control account created in RCW 70A.15.1010, except for that portion of the fee necessary to cover local costs of administering a permit issued under this section. Fees shall be set by rule by the permitting agency at the level determined by the task force created by subsection (6) of this section, but fees for field burning shall not exceed $3.75 per acre to be burned or, in the case of pile burning, shall not exceed $1.00 per ton of material burned.
(6) An agricultural burning practices and research task force shall be established under the direction of the department. The task force shall be composed of a representative from the department who shall serve as chair; one representative of eastern Washington local air authorities; three representatives of the agricultural community from different agricultural pursuits; one representative of the department of agriculture; two representatives from universities or colleges knowledgeable in agricultural issues; one representative of the public health or medical community; and one representative of the conservation districts. The task force shall:
(a) Identify best management practices for reducing air contaminant emissions from agricultural activities and provide such information to the department and local air authorities;
(b) Determine the level of fees to be assessed by the permitting agency pursuant to subsection (5) of this section, based upon the level necessary to cover the costs of administering and enforcing the permit programs, to provide funds for research into alternative methods to reduce emissions from such burning, and to the extent possible be consistent with fees charged for such burning permits in neighboring states. The fee level shall provide, to the extent possible, for lesser fees for permittees who use best management practices to minimize air contaminant emissions;
(c) Identify research needs related to minimizing emissions from agricultural burning and alternatives to such burning; and
(d) Make recommendations to the department on priorities for spending funds provided through this chapter for research into alternative methods to reduce emissions from agricultural burning.
(7) Conservation districts and the Washington State University agricultural extension program in conjunction with the department shall develop public education material for the agricultural community identifying the health and environmental effects of agricultural outdoor burning and providing technical assistance in alternatives to agricultural outdoor burning.
(8)(a) Outdoor burning that is normal, necessary, and customary to ongoing agricultural activities, that is consistent with agricultural burning authorized under this section and RCW 70A.15.5110, is allowed within the urban growth area as described in RCW 70A.15.5020
if the burning is not conducted during air quality episodes, or where a determination of impaired air quality has been made as provided in RCW 70A.15.3580, and the agricultural activities preceded the designation as an urban growth area.
(b) Outdoor burning of cultivated orchard trees, whether or not agricultural crops will be replanted on the land, shall be allowed as an ongoing agricultural activity under this section if a local horticultural pest and disease board formed under chapter
15.09
RCW, an extension office agent with Washington State University that has horticultural experience, or an entomologist employed by the department of agriculture, has determined in writing that burning is an appropriate method to prevent or control the spread of horticultural pests or diseases.
[
2024 c 280 s 3
;
2020 c 20 s 1140
;
2010 c 70 s 1
;
2009 c 118 s 401
;
1998 c 43 s 1
. Prior:
1995 c 362 s 1
;
1995 c 58 s 1
;
1994 c 28 s 2
;
1993 c 353 s 1
;
1991 c 199 s 408
;
1971 ex.s. c 232 s 1
. Formerly RCW 70.94.6528, 70.94.650
.]
NOTES:
Findings
—
2024 c 280:
See note following RCW 70A.15.1030
.
Purpose
—
2009 c 118:
See note following RCW 70A.15.5000
.
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
RCW 70A.15.5100
Delegation of permit issuance and enforcement to political subdivisions.
Whenever an air pollution control authority, or the department of ecology for areas outside the jurisdictional boundaries of an activated air pollution control authority, shall find that any fire protection agency, county, or conservation district is capable of effectively administering the issuance and enforcement of permits for any or all of the kinds of burning identified in RCW 70A.15.5090, 70A.15.5180, and
70A.15.5210
and desirous of doing so, the authority or the department of ecology, as appropriate, may delegate powers necessary for the issuance or enforcement, or both, of permits for any or all of the kinds of burning to the fire protection agency, county, or conservation district. Such delegation may be withdrawn by the authority or the department of ecology upon finding that the fire protection agency, county, or conservation district is not effectively administering the permit program.
[
2020 c 20 s 1141
;
2009 c 118 s 402
;
1993 c 353 s 2
;
1991 c 199 s 409
;
1973 1st ex.s. c 193 s 6
. Formerly RCW 70.94.6530, 70.94.654
.]
NOTES:
Purpose
—
2009 c 118:
See note following RCW 70A.15.5000
.
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
RCW 70A.15.5110
Open burning of grasses grown for seed
—
Alternatives
—
Studies
—
Deposit of permit fees in special grass seed burning account
—
Procedures
—
Limitations
—
Report.
It is hereby declared to be the policy of this state that strong efforts should be made to minimize adverse effects on air quality from the open burning of field and turf grasses grown for seed. To such end this section is intended to promote the development of economical and practical alternate agricultural practices to such burning, and to provide for interim regulation of such burning until practical alternates are found.
(1) The department shall approve of a study or studies for the exploration and identification of economical and practical alternate agricultural practices to the open burning of field and turf grasses grown for seed. Any study conducted pursuant to this section shall be conducted by Washington State University. The university may not charge more than eight percent for administrative overhead. Prior to the issuance of any permit for such burning under RCW 70A.15.5090, there shall be collected a fee not to exceed one dollar per acre of crop to be burned. Any such fees received by any authority shall be transferred to the department of ecology. The department of ecology shall deposit all such acreage fees in the general fund.
(2) The department shall allocate moneys annually for the support of any approved study or studies as provided for in subsection (1) of this section. The fee collected under subsection (1) of this section shall constitute the research portion of fees required under RCW 70A.15.5090
for open burning of grass grown for seed.
(3) Whenever on the basis of information available to it, the department after public hearings have been conducted wherein testimony will be received and considered from interested parties wishing to testify shall conclude that any procedure, program, technique, or device constitutes a practical alternate agricultural practice to the open burning of field or turf grasses grown for seed, the department shall, by order, certify approval of such alternate. Thereafter, in any case which any such approved alternate is reasonably available, the open burning of field and turf grasses grown for seed shall be disallowed and no permit shall issue therefor.
(4) Until approved alternates become available, the department or the authority may limit the number of acres on a pro rata basis among those affected for which permits to burn will be issued in order to effectively control emissions from this source.
(5) Permits issued for burning of field and turf grasses may be conditioned to minimize emissions insofar as practical, including denial of permission to burn during periods of adverse meteorological conditions.
(6) Every two years until grass seed burning is prohibited, Washington State University may prepare a brief report assessing the potential of the university's research to result in economical and practical alternatives to grass seed burning.
[
2020 c 20 s 1142
;
2012 c 198 s 1
;
2009 c 118 s 403
;
1998 c 245 s 130
;
1995 c 261 s 1
;
1991 sp.s. c 13 s 28
;
1991 c 199 s 413
;
1990 c 113 s 1
;
1985 c 57 s 69
;
1973 1st ex.s. c 193 s 7
. Formerly RCW 70.94.6532, 70.94.656
.]
NOTES:
Effective date
—
2012 c 198:
"This act takes effect July 1, 2012." [
2012 c 198 s 29
.]
Purpose
—
2009 c 118:
See note following RCW 70A.15.5000
.
Effective dates
—
Severability
—
1991 sp.s. c 13:
See notes following RCW 18.08.240
.
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
Effective date
—
1985 c 57:
See note following RCW 18.04.105
.
Grass burning research advisory committee: Chapter
43.21E
RCW.
RCW 70A.15.5120
Burning permits for abating or prevention of forest fire hazards, management of ecosystems, instruction or silvicultural operations
—
Issuance
—
Fees.
(1) The department of natural resources is responsible for issuing and regulating burning permits required by it relating to the following activities for the protection of life or property and for the public health, safety, and welfare:
(a) Abating or prevention of a forest fire hazard;
(b) Reducing the risk of a wildfire under RCW 70A.15.5020
(5);
(c) Instruction of public officials in methods of forest firefighting;
(d) Any silvicultural operation to improve the forestlands of the state, including but not limited to forest health and resiliency, decreasing forest insect or disease susceptibility, maintaining or restoring native vegetation, or otherwise enhancing resiliency to fire; and
(e) Silvicultural burning used to improve or maintain fire dependent ecosystems for rare plants or animals within state, federal, and private natural area preserves, natural resource conservation areas, parks, and other wildlife areas.
(2) The department of natural resources shall not retain such authority, but it shall be the responsibility of the appropriate fire protection agency for permitting and regulating outdoor burning on lands where the department of natural resources does not have fire protection responsibility, except for the issuance of permits for reducing the risk of wildfire under RCW 70A.15.5020
(5). The department of natural resources may enter into cooperative agreements with local fire protection agencies to issue permits for reducing wildfire risk under RCW 70A.15.5020
(5).
(3) Permit fees shall be assessed for wildfire risk reduction, combustion of natural vegetation from silvicultural activities in portable flame cap kilns, and for silvicultural burning under the jurisdiction of the department of natural resources and collected by the department of natural resources as provided for in this section. All fees shall be deposited in the air pollution control account, created in RCW 70A.15.1010
. The legislature shall appropriate to the department of natural resources funds from the air pollution control account to enforce and administer the program under this section and RCW 70A.15.5130, 70A.15.5140, and
70A.15.5150
. Fees shall be set by rule by the department of natural resources at the level necessary to cover the costs of the program after receiving recommendations on such fees from the public.
[
2024 c 280 s 4
;
2020 c 20 s 1143
;
2019 c 305 s 5
;
2010 1st sp.s. c 7 s 128
;
2009 c 118 s 501
;
1991 c 199 s 404
;
1971 ex.s. c 232 s 2
. Formerly RCW 70.94.6534, 70.94.660
.]
NOTES:
Effective date
—
2010 1st sp.s. c 26; 2010 1st sp.s. c 7:
See note following RCW 43.03.027
.
Purpose
—
2009 c 118:
See note following RCW 70A.15.5000
.
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
Burning permits, issuance, air pollution a factor: RCW 76.04.205
.
Disposal of forest debris: RCW 76.04.650
.
RCW 70A.15.5130
Silvicultural forest burning
—
Reduce statewide emissions
—
Exemption
—
Monitoring program.
(1)(a) The department of natural resources shall administer a program to reduce statewide emissions from silvicultural forest burning so as to achieve the following minimum objectives:
(i) Twenty percent reduction by December 31, 1994, providing a ceiling for emissions until December 31, 2000; and
(ii) Fifty percent reduction by December 31, 2000, providing a ceiling for emissions thereafter.
(b) Reductions shall be calculated from the average annual emissions level from calendar years 1985 to 1989, using the same methodology for both reduction and base year calculations.
(2)(a) The department of natural resources, within twelve months after May 15, 1991, shall develop a plan, based upon the existing smoke management agreement to carry out the programs as described in this section in the most efficient, cost-effective manner possible. The plan shall be developed in consultation with the department of ecology, public and private landowners engaged in silvicultural forest burning, and representatives of the public.
(b) The plan shall recognize the variations in silvicultural forest burning including, but not limited to, a landowner's responsibility to abate an extreme fire hazard under chapter
76.04
RCW and other objectives of burning, including abating and preventing a fire hazard, geographic region, climate, elevation and slope, proximity to populated areas, diversity of land ownership, improving forest health and resiliency, decreasing forest insect or disease susceptibility, maintaining or restoring native vegetation, or otherwise enhancing resiliency to fire. The plan shall establish priorities that the department of natural resources shall use to allocate allowable emissions, including but not limited to, forest health and resiliency, silvicultural burning used to improve or maintain fire dependent ecosystems for rare plants or animals within state, federal, and private natural area preserves, natural resource conservation areas, parks, and other wildlife areas. The plan shall also recognize the real costs of the emissions program and recommend equitable fees to cover the costs of the program.
(c) The emission reductions in this section are to apply to all forestlands including those owned and managed by the United States. If the United States does not participate in implementing the plan, the departments of natural resources and ecology shall use all appropriate and available methods or enforcement powers to ensure participation.
(d) The plan shall include a tracking system designed to measure the degree of progress toward the emission reductions goals set in this section. The department of natural resources shall report annually to the department of ecology and the legislature on the status of the plan, emission reductions and progress toward meeting the objectives specified in this section, and the goals of this chapter and chapter
76.04
RCW.
(3) If the December 31, 1994, emission reductions targets in this section are not met, the department of natural resources, in consultation with the department of ecology, shall use its authority granted in this chapter and chapter
76.04
RCW to immediately limit emissions from such burning to the 1994 target levels and limit silvicultural forest burning in subsequent years to achieve equal annual incremental reductions so as to achieve the December 31, 2000, target level. If, as a result of the program established in this section, the emission reductions are met in 1994, but are not met by December 31, 2000, the department of natural resources in consultation with the department of ecology shall immediately limit silvicultural forest burning to reduce emissions from such burning to the December 31, 2000, target level in all subsequent years.
(4) Emissions from silvicultural burning in eastern Washington that is conducted for the purpose of restoring forest health or preventing the additional deterioration of forest health are exempt from the reduction targets and calculations in this section if the following conditions are met:
(a) The landowner submits a written request to the department identifying the location of the proposed burning and the nature of the forest health problem to be corrected. The request shall include a brief description of alternatives to silvicultural burning and reasons why the landowner believes the alternatives not to be appropriate.
(b) The department determines that the proposed silvicultural burning operation is being conducted to restore forest health or prevent additional deterioration to forest health; meets the requirements of the state smoke management plan to protect public health, visibility, and the environment; and will not be conducted during an air pollution episode or during periods of impaired air quality in the vicinity of the proposed burn.
(c) Upon approval of the request by the department and before burning, the landowner is encouraged to notify the public in the vicinity of the burn of the general location and approximate time of ignition.
(5) The department of ecology may conduct a limited, seasonal ambient air quality monitoring program to measure the effects of forest health burning conducted under subsection (4) of this section. The monitoring program may be developed in consultation with the department of natural resources, private and public forestland owners, academic experts in forest health issues, and the general public.
[
2019 c 305 s 6
;
1995 c 143 s 1
;
1991 c 199 s 403
. Formerly RCW 70.94.6536, 70.94.665
.]
NOTES:
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
RCW 70A.15.5140
Burning permits for abating or prevention of forest fire hazards, management of ecosystems, instruction or silvicultural operations
—
Conditions for issuance and use of permits
—
Air quality standards to be met
—
Alternate methods to lessen forest debris.
(1) The department of natural resources, in granting burning permits for fires for the purposes set forth in RCW 70A.15.5120, shall condition the issuance and use of such permits to comply to the extent feasible with air quality standards established by the department of ecology. Such burning shall not cause the state air quality standards to be exceeded in the ambient air up to two thousand feet above ground level over critical areas designated by the department of ecology, otherwise subject to air pollution from other sources. Air quality standards shall be established and published by the department of ecology which shall also establish a procedure for advising the department of natural resources when and where air contaminant levels exceed or threaten to exceed the ambient air standards over such critical areas. The air quality shall be quantitatively measured by the department of ecology or the appropriate local air pollution control authority at established monitoring stations over such designated areas. Further, such permitted burning shall not cause damage to public health or the environment. All permits issued under this section shall be subject to all applicable fees, permitting, penalty, and enforcement provisions of this chapter. The department of natural resources shall set forth smoke dispersal objectives designed consistent with this section to minimize any air pollution from such burning and the procedures necessary to meet those objectives.
(2)(a) The department of natural resources shall encourage more intense utilization in logging and alternative silviculture practices to reduce the need for burning. The department of natural resources shall, whenever practical, encourage landowners to develop and use alternative acceptable disposal methods subject to the following priorities:
(i) Slash production minimization;
(ii) Slash utilization;
(iii) Nonburning disposal;
(iv) Silvicultural burning; and
(v) Use of portable flame cap kilns.
(b) Such alternative methods shall be evaluated as to the relative impact on air, water, and land pollution, public health, and their financial feasibility.
(3) The department of natural resources shall not issue burning permits and shall revoke previously issued permits at any time in any area where the department of ecology or local board has declared a stage of impaired air quality as defined in RCW 70A.15.3580
.
[
2024 c 280 s 5
;
2020 c 20 s 1144
;
2019 c 305 s 7
;
2009 c 118 s 502
;
1991 c 199 s 405
;
1971 ex.s. c 232 s 3
. Formerly RCW 70.94.6538, 70.94.670
.]
NOTES:
Purpose
—
2009 c 118:
See note following RCW 70A.15.5000
.
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
RCW 70A.15.5150
Cooperation between department of natural resources and state, local, or regional air pollution authorities
—
Withholding of permits.
In the regulation of outdoor burning not included in RCW 70A.15.5120
requiring permits from the department of natural resources, said department and the state, local, or regional air pollution control authorities will cooperate in regulating such burning so as to minimize insofar as possible duplicate inspections and separate permits while still accomplishing the objectives and responsibilities of the respective agencies. The department of natural resources shall include any local authority's burning regulations with permits issued where applicable pursuant to RCW 70A.15.5010, 70A.15.5020, 70A.15.5040, 70A.15.5050, 70A.15.5060, 70A.15.5070, and
70A.15.5080
. The department shall develop agreements with all local authorities to coordinate regulations.
Permits shall be withheld by the department of natural resources when so requested by the department of ecology if a forecast, alert, warning, or emergency condition exists as defined in the episode criteria of the department of ecology.
[
2020 c 20 s 1145
;
2009 c 118 s 503
;
1991 c 199 s 406
;
1971 ex.s. c 232 s 5
. Formerly RCW 70.94.6540, 70.94.690
.]
NOTES:
Purpose
—
2009 c 118:
See note following RCW 70A.15.5000
.
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
RCW 70A.15.5160
Adoption of rules.
The department of natural resources and the department of ecology may adopt rules necessary to implement their respective responsibilities under the provisions of RCW 70A.15.5090, 70A.15.5100, 70A.15.5110, 70A.15.5120, 70A.15.5130, 70A.15.5140, 70A.15.5150, 70A.15.5160, and
70A.15.5170
.
[
2020 c 20 s 1146
;
2009 c 118 s 504
;
1971 ex.s. c 232 s 6
. Formerly RCW 70.94.6542, 70.94.700
.]
NOTES:
Purpose
—
2009 c 118:
See note following RCW 70A.15.5000
.
RCW 70A.15.5170
Burning permits for regeneration of rare and endangered plants.
Nothing in this chapter prohibits fires necessary to promote the regeneration of rare and endangered plants found within natural area preserves as identified under chapter
79.70
RCW. Permits issued for burning under this section shall be drafted to minimize emissions including denial of permission to burn during periods of adverse meteorological conditions.
[
2009 c 118 s 703
;
1991 c 199 s 407
. Formerly RCW 70.94.6544, 70.94.651
.]
NOTES:
Purpose
—
2009 c 118:
See note following RCW 70A.15.5000
.
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
RCW 70A.15.5180
Aircraft crash rescue fire training
—
Training to fight structural fires
—
Training to fight forest fires
—
Other firefighter instruction.
(1) Aircraft crash rescue fire training activities meeting the following conditions do not require a permit under this section, or under RCW 70A.15.5010, 70A.15.5020, 70A.15.5030, 70A.15.5040, 70A.15.5050, 70A.15.5060, 70A.15.5070, and
70A.15.5080, from an air pollution control authority, the department, or any local entity with delegated permit authority:
(a) Firefighters participating in the training fires must be limited to those who provide firefighting support to an airport that is either certified by the federal aviation administration or operated in support of military or governmental activities;
(b) The fire training may not be conducted during an air pollution episode or any stage of impaired air quality declared under RCW 70A.15.6010
for the area where training is to be conducted;
(c) The number of training fires allowed per year without a permit shall be the minimum number necessary to meet federal aviation administration or other federal safety requirements;
(d) The facility shall use current technology and be operated in a manner that will minimize, to the extent possible, the air contaminants generated during operation; and
(e) The organization conducting training shall notify both the: (i) Local fire district or fire department; and (ii) air pollution control authority, department of ecology, or local entity delegated permitting authority under RCW 70A.15.5100, having jurisdiction within the area where training is to be conducted before the commencement of aircraft fire training. Written approval from the department or a local air pollution control authority shall be obtained prior to the initial operation of aircraft crash rescue fire training. Such approval will be granted to fire training activities meeting the conditions in this subsection.
(2) Aircraft crash rescue fire training activities conducted in compliance with subsection (1) of this section are not subject to the prohibition, in RCW 70A.15.5010
(1), of outdoor fires containing petroleum products and are not considered outdoor burning under RCW 70A.15.5010, 70A.15.5020, 70A.15.5030, 70A.15.5040, 70A.15.5050, 70A.15.5060, 70A.15.5070, and
70A.15.5080
.
(3) Training to fight structural fires located outside urban growth areas in counties that plan under the requirements of RCW 36.70A.040
and outside of any city with a population of ten thousand or more in all other counties does not need a permit under this section from an air pollution control authority or the department of ecology, but must be conducted in accordance with RCW 52.12.150
.
(4) Training to fight forest fires does not require a permit from an air pollution control authority or the department of ecology.
(5) To provide for firefighting instruction in instances not governed by subsections (1) through (3) of this section, or other actions to protect public health and safety, the department or a local air pollution control authority may issue permits that allow limited burning of prohibited materials listed in RCW 70A.15.5010
(1).
[
2020 c 20 s 1147
;
2009 c 118 s 601
. Formerly RCW 70.94.6546
.]
NOTES:
Purpose
—
2009 c 118:
See note following RCW 70A.15.5000
.
RCW 70A.15.5190
Outdoor burning allowed for managing storm or flood-related debris.
Consistent with RCW 70A.15.5020, outdoor burning may be allowed anywhere in the state for the exclusive purpose of managing storm or flood-related debris.
[
2020 c 20 s 1148
;
2009 c 118 s 701
. Formerly RCW 70.94.6548
.]
NOTES:
Purpose
—
2009 c 118:
See note following RCW 70A.15.5000
.
RCW 70A.15.5200
Fires necessary for Indian ceremonies or smoke signals.
Nothing in this chapter prohibits fires necessary for Indian ceremonies or for the sending of smoke signals if part of a religious ritual. Permits issued for burning under this section shall be drafted to minimize emissions including denial of permission to burn during periods of adverse meteorological conditions.
[
2009 c 118 s 702
. Formerly RCW 70.94.6550
.]
NOTES:
Purpose
—
2009 c 118:
See note following RCW 70A.15.5000
.
RCW 70A.15.5210
Permit to set fires for weed abatement.
Any person who proposes to set fires in the course of weed abatement shall obtain a permit from an air pollution control authority, the department of ecology, or a local entity delegated permitting authority under RCW 70A.15.5100
. General permit criteria of statewide applicability shall be established by the department, by rule, after consultation with the various air pollution control authorities. Permits shall be issued under this section based on seasonal operations or by individual operations, or both. All permits shall be conditioned to insure that the public interest in air, water, and land pollution and safety to life and property is fully considered. In addition to any other requirements established by the department to protect air quality pursuant to other laws, applicants for permits must show that the setting of fires as requested is the most reasonable procedure to follow in safeguarding life or property under all circumstances or is otherwise reasonably necessary to successfully carry out the enterprise in which the applicant is engaged, or both. All burning permits will be designed to minimize air pollution insofar as practical. Nothing in this section relieves the applicant from obtaining permits, licenses, or other approvals required by any other law. An application for a permit to set fires in the course of weed abatement shall be acted upon within seven days from the date such application is filed.
[
2020 c 20 s 1149
;
2009 c 118 s 704
. Formerly RCW 70.94.6552
.]
NOTES:
Purpose
—
2009 c 118:
See note following RCW 70A.15.5000
.
RCW 70A.15.5220
Disposal of tumbleweeds.
Consistent with RCW 70A.15.5070, neither a permit nor the payment of a fee shall be required for outdoor burning for the purpose of disposal of tumbleweeds blown by wind. Such burning shall not be conducted during an air pollution episode or any stage of impaired air quality declared under RCW 70A.15.6010
. This section shall only apply within counties with a population less than two hundred fifty thousand.
[
2020 c 20 s 1150
;
2009 c 118 s 705
. Formerly RCW 70.94.6554
.]
NOTES:
Purpose
—
2009 c 118:
See note following RCW 70A.15.5000
.
RCW 70A.15.6000
Air pollution episodes
—
Legislative finding
—
Declaration of policy.
The legislature finds that whenever meteorological conditions occur which reduce the effective volume of air into which air contaminants are introduced, there is a high danger that normal operations at air contaminant sources in the area affected will be detrimental to public health or safety. Whenever such conditions, herein denominated as air pollution episodes, are forecast, there is a need for rapid short-term emission reduction in order to avoid adverse health or safety consequences.
Therefore, it is declared to be the policy of this state that an episode avoidance plan should be developed and implemented for the temporary reduction of emissions during air pollution episodes.
It is further declared that power should be vested in the governor to issue emergency orders for the reduction or discontinuance of emissions when such emissions and weather combine to create conditions imminently dangerous to public health and safety.
[
1971 ex.s. c 194 s 1
. Formerly RCW 70.94.710
.]
RCW 70A.15.6010
Air pollution episodes
—
Episode avoidance plan
—
Contents
—
Source emission reduction plans
—
Authority
—
Considered orders.
The department of ecology is hereby authorized to develop an episode avoidance plan providing for the phased reduction of emissions wherever and whenever an air pollution episode is forecast. Such an episode avoidance plan shall conform with any applicable federal standards and shall be effective statewide. The episode avoidance plan may be implemented on an area basis in accordance with the occurrence of air pollution episodes in any given area.
The department of ecology may delegate authority to adopt source emission reduction plans and authority to implement all stages of occurrence up to and including the warning stage, and all intermediate stages up to the warning stage, in any area of the state, to the air pollution control authority with jurisdiction therein.
The episode avoidance plan, which shall be established by regulation in accordance with chapter
34.05
RCW, shall include, but not be limited to, the following:
(1) The designation of episode criteria and stages, the occurrence of which will require the carrying out of preplanned episode avoidance procedures. The stages of occurrence shall be (a) forecast, (b) alert, (c) warning, (d) emergency, and such intermediate stages as the department shall designate. "Forecast" means the presence of meteorological conditions that are conducive to accumulation of air contaminants and is the first stage of an episode. The department shall not call a forecast episode prior to the department or an authority calling a first stage impaired air quality condition as provided by RCW 70A.15.3580
(1)(b) or calling a single-stage impaired air quality condition as provided by RCW 70A.15.3580
. "Alert" means concentration of air contaminants at levels at which short-term health effects may occur, and is the second stage of an episode. "Warning" means concentrations are continuing to degrade, contaminant concentrations have reached a level which, if maintained, can result in damage to health, and additional control actions are needed and is the third level of an episode. "Emergency" means the air quality is posing an imminent and substantial endangerment to public health and is the fourth level of an episode;
(2) The requirement that persons responsible for the operation of air contaminant sources prepare and obtain approval from the director of source emission reduction plans, consistent with good operating practice and safe operating procedures, for reducing emissions during designated episode stages;
(3) Provision for the director of the department of ecology or his or her authorized representative, or the air pollution control officer if implementation has been delegated, on the satisfaction of applicable criteria, to declare and terminate the forecast, alert, warning and all intermediate stages, up to the warning episode stage, such declarations constituting orders for action in accordance with applicable source emission reduction plans;
(4) Provision for the governor to declare and terminate the emergency stage and all intermediate stages above the warning episode stage, such declarations constituting orders in accordance with applicable source emission reduction plans;
(5) Provisions for enforcement by state and local police, personnel of the departments of ecology and social and health services, and personnel of local air pollution control agencies; and
(6) Provisions for reduction or discontinuance of emissions immediately, consistent with good operating practice and safe operating procedures, under an air pollution emergency as provided in RCW 70A.15.6020
.
Source emission reduction plans shall be considered orders of the department and shall be subject to appeal to the pollution control hearings board according to the procedure in chapter
43.21B
RCW.
[
2020 c 20 s 1152
;
2012 c 117 s 409
;
1990 c 128 s 4
;
1971 ex.s. c 194 s 2
. Formerly RCW 70.94.715
.]
RCW 70A.15.6020
Air pollution episodes
—
Declaration of air pollution emergency by governor.
Whenever the governor finds that emissions from the operation of one or more air contaminant sources is causing imminent danger to public health or safety, he or she may declare an air pollution emergency and may order the person or persons responsible for the operation of such air contaminant source or sources to reduce or discontinue emissions consistent with good operating practice, safe operating procedures, and source emission reduction plans, if any, adopted by the department of ecology or any local air pollution control authority to which the department of ecology has delegated authority to adopt emission reduction plans. Orders authorized by this section shall be in writing and may be issued without prior notice or hearing. In the absence of the governor, any findings, declarations, and orders authorized by this section may be made and issued by his or her authorized representative.
[
2012 c 117 s 410
;
1971 ex.s. c 194 s 3
. Formerly RCW 70.94.720
.]
RCW 70A.15.6030
Air pollution episodes
—
Restraining orders, temporary injunctions to enforce orders
—
Procedure.
Whenever any order has been issued pursuant to RCW 70A.15.6000
through
70A.15.6040, the attorney general, upon request from the governor, the director of the department of ecology, an authorized representative of either, or the attorney for a local air pollution control authority upon request of the control officer, shall petition the superior court of the county in which is located the air contaminant source for which such order was issued for a temporary restraining order requiring the immediate reduction or discontinuance of emissions from such source.
Upon request of the party to whom a temporary restraining order is directed, the court shall schedule a hearing thereon at its earliest convenience, at which time the court may withdraw the restraining order or grant such temporary injunction as is reasonably necessary to prevent injury to the public health or safety.
[
2020 c 20 s 1153
;
1971 ex.s. c 194 s 4
. Formerly RCW 70.94.725
.]
RCW 70A.15.6040
Air pollution episodes
—
Orders to be effective immediately.
Orders issued to declare any stage of an air pollution episode avoidance plan under RCW 70A.15.6010, and to declare an air pollution emergency, under RCW 70A.15.6020, and orders to persons responsible for the operation of an air contaminant source to reduce or discontinue emissions, according to RCW 70A.15.6010
and
70A.15.6020
shall be effective immediately and shall not be stayed pending completion of review.
[
2020 c 20 s 1154
;
1971 ex.s. c 194 s 5
. Formerly RCW 70.94.730
.]
RCW 70A.15.6050
Plans approved pursuant to federal clean air act
—
Enforcement authority.
Notwithstanding any provision of the law to the contrary, except RCW 70A.15.5120
through
70A.15.5150, the department of ecology, upon its approval of any plan (or part thereof) required or permitted under the federal clean air act, shall have the authority to enforce all regulatory provisions within such plan (or part thereof): PROVIDED, That departmental enforcement of any such provision which is within the power of an activated authority to enforce shall be initiated only, when with respect to any source, the authority is not enforcing the provisions and then only after written notice is given the authority.
[
2020 c 20 s 1155
;
1973 1st ex.s. c 193 s 11
. Formerly RCW 70.94.785
.]
RCW 70A.15.6200
Legislative declaration
—
Intent.
The legislature recognizes that:
(1) Acid deposition resulting from commercial, industrial or other emissions of sulphur dioxide and nitrogen oxides pose a  threat to the delicate balance of the state's ecological systems, particularly in alpine lakes that are known to be highly sensitive to acidification;
(2) Failure to act promptly and decisively to mitigate or eliminate this danger may soon result in untold and irreparable damage to the fish, forest, wildlife, agricultural, water, and recreational resources of this state;
(3) There is a direct correlation between emissions of sulphur dioxides and nitrogen oxides and increases in acid deposition;
(4) Acidification is cumulative; and
(5) Once an environment is acidified, it is difficult, if not impossible, to restore the natural balance.
It is therefore the intent of the legislature to provide for early detection of acidification and the resulting environmental degradation through continued monitoring of acid deposition levels and trends, and major source changes, so that the legislature can take any necessary action to prevent environmental degradation resulting from acid deposition.
[
1985 c 456 s 1
;
1984 c 277 s 1
. Formerly RCW 70.94.800
.]
RCW 70A.15.6210
Definitions.
As used in RCW 70A.15.6200
through
70A.15.6220, the following terms have the following meanings.
(1) "Acid deposition" means wet or dry deposition from the atmosphere of chemical compounds with a pH of less than 5.6.
(2) "Critical level of acid deposition and lake, stream, and soil acidification" means the level at which irreparable damage may occur unless corrective action is taken.
[
2020 c 20 s 1156
;
1985 c 456 s 2
;
1984 c 277 s 2
. Formerly RCW 70.94.805
.]
RCW 70A.15.6220
Monitoring by department of ecology.
The department of ecology shall maintain a program of periodic monitoring of acid rain deposition and lake, stream, and soil acidification to ensure early detection of acidification and environmental degradation.
[
1987 c 505 s 61
;
1985 c 456 s 5
;
1984 c 277 s 6
. Formerly RCW 70.94.820
.]
RCW 70A.15.6230
Emission credits banking program
—
Amount of credit.
The department of ecology and the local boards may implement an emission credits banking program. For the purposes of this section, an emission credits banking program means a program whereby an air contaminant source which reduces emissions of a given air contaminant by an amount greater than that required by applicable law, regulation, or order is granted credit for a given amount, which credit shall be administered by a credit bank operated by the appropriate agency. The amount of the credit shall be determined by the department or local board with jurisdiction, but it shall be less than the amount of the emissions reduction. The credit may be used, traded, sold, or otherwise expended for purposes established by regulation of state or local agencies consistent with the provisions of the prevention of significant deterioration program under RCW 70A.15.6240, the bubble program under RCW 70A.15.2240, and the new source review program under RCW 70A.15.2210, if there will be no net adverse impact on air quality.
[
2020 c 20 s 1157
;
1984 c 164 s 1
. Formerly RCW 70.94.850
.]
RCW 70A.15.6240
Department of ecology may accept delegation of programs.
The department of ecology may accept delegation of programs as provided for in the federal clean air act. Subject to federal approval, the department may, in turn, delegate such programs to the local authority with jurisdiction in a given area.
[
1991 c 199 s 312
;
1984 c 164 s 2
. Formerly RCW 70.94.860
.]
NOTES:
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
RCW 70A.15.6250
Evaluation of information on acid deposition in Pacific Northwest
—
Establishment of critical levels
—
Notification of legislature.
The department of ecology, in consultation with the appropriate committees of the house of representatives and of the senate, shall:
(1) Continue evaluation of information and research on acid deposition in the Pacific Northwest region;
(2) Establish critical levels of acid deposition and lake, stream, and soil acidification; and
(3) Notify the legislature if acid deposition or lake, stream, and soil acidification reaches the levels established under subsection (2) of this section.
[
1991 c 199 s 313
;
1985 c 456 s 3
. Formerly RCW 70.94.875
.]
NOTES:
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
RCW 70A.15.6260
Establishment of critical deposition and acidification levels
—
Considerations.
In establishing critical levels of acid deposition and lake, stream, and soil acidification, the department of ecology shall consider:
(1) Current acid deposition and lake, stream, and soil acidification levels;
(2) Changes in acid deposition and lake, stream, and soil acidification levels;
(3) Effects of acid deposition and lake, stream, and soil acidification on the environment; and
(4) The need to prevent environmental degradation.
[
1985 c 456 s 4
. Formerly RCW 70.94.880
.]
RCW 70A.15.6270
Carbon dioxide mitigation
—
Fees.
(1) For fossil-fueled electric generation facilities having more than twenty-five thousand kilowatts station generating capability but less than three hundred fifty thousand kilowatts station generation capability, except for fossil-fueled floating thermal electric generation facilities under the jurisdiction of the energy facility site evaluation council pursuant to RCW 80.50.010, the department or authority shall implement a carbon dioxide mitigation program consistent with the requirements of chapter
80.70
RCW.
(2) For mitigation projects conducted directly by or under the control of the applicant, the department or local air authority shall approve or deny the mitigation plans, as part of its action to approve or deny an application submitted under RCW 70A.15.2210
based upon whether or not the mitigation plan is consistent with the requirements of chapter
80.70
RCW.
(3) The department or authority may determine, assess, and collect fees sufficient to cover the costs to review and approve or deny the carbon dioxide mitigation plan components of an order of approval issued under RCW 70A.15.2210
. The department or authority may also collect fees sufficient to cover its additional costs to monitor conformance with the carbon dioxide mitigation plan components of the registration and air operating permit programs authorized in RCW 70A.15.2200
and
70A.15.2260
. The department or authority shall track its costs related to review, approval, and monitoring conformance with carbon dioxide mitigation plans.
[
2020 c 20 s 1158
;
2004 c 224 s 8
. Formerly RCW 70.94.892
.]
RCW 70A.15.6400
Clean fuel matching grants for public transit, vehicle mechanics, and refueling infrastructure.
The department may disburse matching grants from funds provided by the legislature from the air pollution control account, created in RCW 70A.15.1010, to units of local government to partially offset the additional cost of purchasing "clean fuel" and/or operating "clean-fuel vehicles" provided that such vehicles are used for public transit. Publicly owned school buses are considered public transit for the purposes of this section. The department may also disburse grants to vocational-technical institutes for the purpose of establishing programs to certify clean-fuel vehicle mechanics. The department may also distribute grants to Washington State University for the purpose of furthering the establishment of clean fuel refueling infrastructure.
[
2020 c 20 s 1159
;
1996 c 186 s 517
;
1991 c 199 s 218
. Formerly RCW 70.94.960
.]
NOTES:
Findings
—
Intent
—
Part headings not law
—
Effective date
—
1996 c 186:
See notes following RCW 43.330.904
.
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
Clean fuel: RCW 70A.25.120
.
Refueling: RCW 80.28.280
.
State vehicles: RCW 43.19.637
.
RCW 70A.15.6440
Stationary natural gas engines used in combined heat and power systems
—
Permitting process
—
Emission limits.
(1) It is the intent of the legislature for a general permit or permit by rule adopted by the department under this section to streamline the permitting process for a stationary natural gas engine used in a combined heat and power system. It is the further intent of the legislature that a general permit or permit by rule be adopted and implemented as the permitting mechanism for the new construction of a combined heat and power system.
(2) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Natural gas" includes: Naturally occurring mixtures of hydrocarbon gases and vapors consisting principally of methane, whether in gaseous or liquid form; and biogas derived from landfills, wastewater treatment facilities, anaerobic digesters, and other sources of organic decomposition that have been purified to meet standards for natural gas derived from fossil fuel sources.
(b) "Stationary natural gas engine" includes any stationary, natural gas internal combustion engine, whether it is an internal combustion reciprocating engine or a gas turbine. The term does not include a natural gas engine that powers a motor vehicle or other mobile source.
(3) This section applies only to a stationary natural gas engine used in a combined heat and power system.
(4) The department shall issue a general permit or permit by rule for new stationary natural gas engines used in a combined heat and power system that establishes emission limits for air contaminants released by the engines.
(5) In adopting a general permit or permit by rule under this section, the department may consider:
(a) The geographic location in which a stationary natural gas engine may be used, including the proximity to an area designated as a nonattainment area;
(b) The total annual operating hours of a stationary natural gas engine;
(c) The technology used by a stationary natural gas engine;
(d) Whether the stationary natural gas engine will be a major stationary source or part of a new or modified major stationary source as those terms are utilized in Title I of the federal clean air act; and
(e) Other relevant emission control or clean air policies of the state.
(6) In addition to emission limits required by federal and state laws, the department must provide for the emission limits for stationary natural gas engines subject to this section to be measured in terms of air contaminant emissions per United States environmental protection agency unit of energy output. The department shall consider both the primary and secondary functions when determining the engine's emissions per unit of energy output.
[
2015 3rd sp.s. c 19 s 13
. Formerly RCW 70.94.991
.]
NOTES:
Finding
—
Intent
—
2015 3rd sp.s. c 19:
See note following RCW 39.35.010
.
RCW 70A.15.6450
Boiler or process heaters
—
Assessment and reporting requirements.
(1) An owner or operator of an industrial, commercial, or institutional boiler or process heater required to complete an energy assessment under 40 C.F.R. Part 63 subpart DDDDD shall:
(a) By January 31, 2018, submit nonproprietary information reported in the energy assessment electronically to the department or air pollution control authority that issues the air operating permit for the source, following completion of the assessment; and
(b) By January 31, 2018, submit a report electronically to the Washington State University extension energy program that identifies, if applicable, the economic, technical, and other barriers to implementing thermal efficiency opportunities identified in the energy assessment.
(2) An owner or operator of an industrial, commercial, or institutional boiler or process heater who has not completed an energy assessment under 40 C.F.R. Part 63 subpart DDDDD must request a free combined heat and power site qualification screening from the United States department of energy.
(3) The requirements established in this section shall not apply to an owner or operator of an industrial, commercial, or institutional boiler or process heater if:
(a) The owner or operator is not required to complete an energy assessment under 40 C.F.R. Part 63 subpart DDDDD as it existed on October 9, 2015; or
(b) Prior to the dates in subsection (1) of this section, the owner or operator is no longer required to complete an energy assessment under 40 C.F.R. Part 63 subpart DDDDD.
[
2015 3rd sp.s. c 19 s 14
. Formerly RCW 70.94.992
.]
NOTES:
Finding
—
Intent
—
2015 3rd sp.s. c 19:
See note following RCW 39.35.010
.
RCW 70A.15.6455
Restitution following a criminal conviction.
In determining restitution following a criminal conviction under this chapter, the court is authorized to order restitution for harm to natural resources or the environment.
[
2024 c 342 s 2
.]
RCW 70A.15.9001
Construction
—
1967 c 238.
This 1967 amendatory act shall not be construed to create in any way nor to enlarge, diminish or otherwise affect in any way any private rights in any civil action for damages. Any determination that there has been a violation of the provisions of this 1967 amendatory act or of any ordinance, rule, regulation or order issued pursuant thereto, shall not create by reason thereof any presumption or finding of fact or of law for use in any lawsuit brought by a private citizen.
[
1967 c 238 s 65
. Formerly RCW 70.94.901
.]
RCW 70A.15.9002
Construction, repeal of RCW 70.94.061
through
70.94.066
—
Saving.
The following acts or parts of acts are each repealed:
(1) Section 7, chapter 238, Laws of 1967, and RCW 70.94.061
;
(2) Section 8, chapter 238, Laws of 1967, and RCW 70.94.062
;
(3) Section 9, chapter 238, Laws of 1967, and RCW 70.94.064
; and
(4) Section 10, chapter 238, Laws of 1967, and RCW 70.94.066
.
Such repeals shall not be construed as affecting any authority in existence on April 24, 1969, nor as affecting any action, activities or proceedings initiated by such authority prior hereto, nor as affecting any civil or criminal proceedings instituted by such authority, nor any rule, regulation, resolution, ordinance, or order promulgated by such authority, nor any administrative action taken by such authority, nor the term of office, or appointment or employment of any person appointed or employed by such authority.
[
1969 ex.s. c 168 s 46
. Formerly RCW 70.94.902
.]
RCW 70A.15.9003
Effective dates
—
1991 c 199.
Sections 602 and 603 of this act shall take effect July 1, 1992. Sections 202 through 209 of this act shall take effect January 1, 1993. Sections 210 and 505 of this act shall take effect January 1, 1992.
The remainder of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.
[
1991 c 199 s 717
. Formerly RCW 70.94.904
.]
RCW 70A.15.9004
Severability
—
1967 c 238.
If any phrase, clause, subsection or section of this 1967 amendatory act shall be declared unconstitutional or invalid by any court of competent jurisdiction, it shall be conclusively presumed that the legislature would have enacted this act without the phrase, clause, subsection or section so held unconstitutional or invalid and the remainder of the act shall not be affected as a result of said part being held unconstitutional or invalid.
[
1967 c 238 s 64
. Formerly RCW 70.94.911
.]