Introduced by Sen. Phil Rockefeller, (D-Kitsap County) (D) on January 27, 2009, authorizes local jurisdictions to prohibit the use of solid fuel burning devices, except fireplaces, and wood stoves in areas designated nonattainment for fine particulate matter by the United States environmental protection agency. (See also Companion HB 1691).
Referred to the Senate Environment, Water & Energy Committee on January 27, 2009.
Substitute offered in the Senate on February 25, 2009, clarifies tha a prohibition of solid fuel burning devices may be imposed to maintain attainment in nonattainment areas
and either the department of ecology (DOE) or a local air pollution control authority will seek input from local jurisdictions and make written findings before prohibiting use of
solid fuel burning devices
. The substitute passed in the Senate by voice vote on February 25, 2009.
Referred to the Senate Rules Committee on February 25, 2009.
Referred to the House Environmental Health Committee on March 13, 2009.
Amendment offered in the House on March 27, 2009, to clarify that when non-certified solid fuel burning devices are prohibited, cities, counties, and jurisdictional health departments must cooperate with the DOE or the local air pollution control authority to implement the prohibition, but that cooperation does not include enforcement of the prohibition. The amendment passed in the House by voice vote on March 27, 2009.
Amendment offered by Rep. Matt Shea, (R) (R) on April 9, 2009, to exempt certified solid fuel burning devices (fireplaces and fireplace inserts, wood stoves, pellet stoves) from sales and use taxes purchased by residents for use in designated nonattainment areas through the period required to maintain the
necessary level of air quality. The amendment failed in the House by voice vote on April 9, 2009.
Amendment offered by Rep. Matt Shea, (R) (R) on April 9, 2009, to clarify that if a city or county government within an area of nonattainment under the jurisdiction of the Department of Ecology expresses concerns with prohibiting non-certified wood stoves and other non-certified solid fuel burning devices, the Department must publish reasons for the prohibition including a response to the local government's concerns on its website. The amendment passed in the House by voice vote on April 9, 2009.
Received in the Senate on April 20, 2009. Passed in the Senate (30 to 18) on April 20, 2009. [Vote Details and Comments]
Signed by Gov. Christine Gregoire on April 29, 2009, DOE or a local air pollution control authority may prohibit use of solid fuel burning devices (except fireplaces, wood stoves meeting heightened certification requirements, or pellet stoves) as an additional measure to meet federal air quality standards, with certain conditions. DOE or the local authority must first seek input from local governments or the jurisdictional health department in the affected area. Local government entities must later cooperate with local air pollution control authorities to
implement the prohibition.