SB 6121 — Concerning biochar production from agricultural and forestry biomass.

S-4486.1S-3890.1 SUBSTITUTE SENATE BILL 6121 State of Washington 68th Legislature 2024 Regular Session By Senate Environment, Energy & Technology (originally sponsored by Senators Van De Wege, Nobles, and Randall)Randall READRead FIRSTfirst TIMEtime 01/31/24.01/10/24.

ANReferred ACTto RelatingCommittee toon agriculturalEnvironment, andEnergy forestry& biomass;Technology.

AN ACT Relating to biochar production from agricultural and forestry biomass;

The legislature finds that the use of distributed, small-scale portablebiochar flameproduction capunits kilns for silviculturalforestry and agricultural waste management of naturalclean vegetationcellulosic biomass is consistent with the sustainable agriculture goals of the climate commitment act under RCW 70A.65.260, the sustainable farms and fields grant program identified in RCW 89.08.615, the use of fire in controlled burns to eliminate sources of fuel identified in RCW 76.04.167(3), and the forest restoration goals identified in RCW 70A.65.270.

Therefore, the legislature finds that the usedevelopment of distributed portablesmall-scale flamebiochar capproduction kilnsunits to generate local place-based sources of biochar from clean cellulosic biomass is a necessary component of an integrated land management strategy that:

1 SSBSB 6121 Sec.

2 SSBSB 6121 existed prior to enactment of the federal clean air act amendments of 1990.

3 SSBSB 6121 the amount allowable under applicable new source performance standards.

(21) "Silvicultural burning" means burning of wood fiber on forestland or combustion of natural vegetation from silvicultural activities consistent with the provisions of RCW 70A.15.5120.

4 SSBSB 6121 ancillary to the production of a single product or functionally related group of products.

(25) "Flame"Biochar" capmeans kiln"a meanscarbon-rich anmaterial outdoorproduced containerduring usedthe forpyrolysis process or solid material obtained from the combustionthermochemical conversion of naturalbiomass vegetationin froman silviculturaloxygen-limited orenvironment, agriculturalderived activitiesfrom thatclean meetscellulosic thebiomass followingfrom requirements:forest and agricultural sources.

(a)(26) Has"Biochar micro unit" means a solidmobile orbiochar sealedproduction bottomunit including,utilizing butfire notphysics limitedto to,attain mineralreduced soils,emissions sorelative to open burning that allconsumes aira formaximum combustionof comes25 fromgreen above;tons per month of clean cellulosic biomass.

(b)(27) Is"Biochar completelymini openunit" onmeans topa withmobile nobiochar restrictions;production unit utilizing air curtain incinerator technology that consumes a maximum of 150 green tons per month of clean cellulosic biomass.

(c)(28)(a) Is"Clean acellulosic shallowbiomass" containermeans wherethose theresiduals widththat isare greaterakin thanto thetraditional height;cellulosic biomass including, but not limited to:

(i) Agricultural and (d)forest-derived Hasbiomass aincluding volumegreen ofwood, 10forest cubicthinnings, metersclean orand less.unadulterated bark, sawdust, trim, tree harvesting residuals from logging and sawmill materials, hogged fuel, and wood pellets;

Sec.(ii) urban wood including tree trimmings, stumps, and related forest-derived biomass from urban settings;

(iii) corn stover and other biomass crops used specifically for the production of cellulosic biofuels including energy cane, other fast growing grasses, and by-products of ethanol natural fermentation processes;

(iv) bagasse and other crop residues including peanut shells, vines, orchard trees, hulls, seeds, spent grains, cotton by-products, corn and peanut production residues, rice milling, and grain elevator operation residues;

and (v) wood collected from forest fire clearance activities, trees and clean wood found in disaster debris, and clean biomass from land clearing operations.

(b) These fuels are not secondary materials or solid wastes unless discarded.

(c) Clean biomass is biomass that does not contain contaminants at concentrations not normally associated with virgin biomass materials.

p.

5 SB 6121 Sec.

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).

p.(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;

5 SSB 6121 (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;

(4) In addition to following any other requirements established by the department to protect air quality pursuant to other laws, applicantsp. 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.

6 SB 6121 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.

Fees shall be set by rule by the permitting agency at the level determined by the task force created by p.subsection (6) of this section, but fees for field burning shall not exceed ((three dollars and seventy-five cents)) $3.75 per acre to be burned((,)) or, in the case of pile burning, shall not exceed ((one dollar)) $1.00 per ton of material burned or, in the case of biochar production fees, shall be $1.00 per ton of agricultural waste consumed.

6 SSB 6121 subsection (6) of this section, but fees for field burning shall not exceed ((three dollars and seventy-five cents)) $3.75 per acre to be burned((,)) or, in the case of pile burning, shall not exceed ((one dollar)) $1.00 per ton of material burned.

(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 possiblep. be consistent with fees charged for such burning permits in neighboring states.

7 SB 6121 possible be consistent with fees charged for such burning permits in neighboring states.

(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 p.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.

7 SSB 6121 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)p. Reducing the risk of a wildfire under RCW 70A.15.5020(5);

8 SB 6121 (b) Reducing the risk of a wildfire under RCW 70A.15.5020(5);

and((and)) (e) SilviculturalProducing burningbiochar usedwith tobiochar improvemicro orunits maintain fire dependent ecosystems for rare plants or animalsbiochar withinmini state,units federal,from andthe privateburning naturalof areaclean preserves,cellulosic naturalbiomass resourcefrom conservationforestry areas,operations; parks, and other wildlife areas.

and (f) 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 p.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).

8(3) SSBPermit 6121fees departmentshall ofbe naturalassessed resourcesfor maywildfire enterrisk intoreduction, cooperativebiochar agreementsproduction, withand localfor firesilvicultural protectionburning agenciesunder tothe issuejurisdiction permitsof forthe reducingdepartment wildfireof risknatural underresources RCWand 70A.15.5020(5).collected by the department of natural resources as provided for in this section.