title: RCW 70A.15.3560

text:
Nothing in RCW 70A.15.3540 or 70A.15.3550 shall apply to a radio station, television station, publisher, printer, or distributor of a newspaper, magazine, billboard, or other advertising medium that accepts advertising in good faith and without knowledge of its violation of RCW 70A.15.3510 through 70A.15.3620.
[ 2020 c 20 s 1118; 1987 c 405 s 12. Formerly RCW 70.94.467.]
Notes:
Severability—1987 c 405: See note following RCW 70A.15.3500.

catchline: Sale of unapproved woodstoves—Application of law to advertising media.


doc_type: statute

jurisdiction: wa

title: RCW 70A.15.3570

text:
(1) The department shall establish, by rule under chapter 34.05 RCW, (a) a statewide opacity level of twenty percent for residential solid fuel burning devices for the purpose of enforcement on a complaint basis and (b) a statewide opacity of ten percent for purposes of public education.
(2) Notwithstanding any other provision of this chapter which may allow an authority to adopt a more stringent opacity level, no authority shall adopt or enforce an opacity level for solid fuel burning devices other than established in this section.
(3) Actions of the department and local air pollution control authorities under this section shall preempt actions of other state agencies and local governments for the purposes of controlling air pollution from solid fuel burning devices, except where authorized by chapter 199, Laws of 1991.
[ 1991 c 199 s 502; 1987 c 405 s 5. Formerly RCW 70.94.470.]
Notes:
Finding—1991 c 199: See note following RCW 70A.15.1005.
Severability—1987 c 405: See note following RCW 70A.15.3500.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Residential solid fuel burning devices—Opacity levels—Enforcement and public education.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 70A.15.3580

text:
(1) Any person in a residence or commercial establishment which has an adequate source of heat without burning wood shall:
(a) Not burn wood in any solid fuel burning device whenever the department has determined under RCW 70A.15.6010 that any air pollution episode exists in that area;
(b) Not burn wood in any solid fuel burning device except those which are either Oregon department of environmental quality phase II or United States environmental protection agency certified or certified by the department under RCW 70A.15.3530(1) or a pellet stove either certified or issued an exemption by the United States environmental protection agency in accordance with Title 40, Part 60 of the Code of Federal Regulations, in the geographical area and for the period of time that a first stage of impaired air quality has been determined, by the department or any authority, for that area.
(i) A first stage of impaired air quality is reached when forecasted meteorological conditions are predicted to cause fine particulate levels to exceed thirty-five micrograms per cubic meter, measured on a twenty-four hour average, within forty-eight hours, except for areas of fine particulate nonattainment or areas at risk for fine particulate nonattainment;
(ii) A first stage burn ban for impaired air quality may be called for a county containing fine particulate nonattainment areas or areas at risk for fine particulate nonattainment, and when feasible only for the necessary portions of the county, when forecasted meteorological conditions are predicted to cause fine particulate levels to reach or exceed thirty micrograms per cubic meter, measured on a twenty-four hour average, within seventy-two hours; and
(c)(i) Not burn wood in any solid fuel burning device in a geographical area and for the period of time that a second stage of impaired air quality has been determined by the department or any authority, for that area. A second stage of impaired air quality is reached when a first stage of impaired air quality has been in force and has not been sufficient to reduce the increasing fine particulate pollution trend, fine particulates are at an ambient level of twenty-five micrograms per cubic meter measured on a twenty-four hour average, and forecasted meteorological conditions are not expected to allow levels of fine particulates to decline below twenty-five micrograms per cubic meter for a period of twenty-four hours or more from the time that the fine particulates are measured at the trigger level.
(ii) A second stage burn ban may be called without calling a first stage burn ban only when all of the following occur and shall require the department or the local air pollution control authority calling a second stage burn ban under this subsection to comply with the requirements of subsection (3) of this section:
(A) Fine particulate levels have reached or exceeded twenty-five micrograms per cubic meter, measured on a twenty-four hour average;
(B) Meteorological conditions have caused fine particulate levels to rise rapidly;
(C) Meteorological conditions are predicted to cause fine particulate levels to exceed the thirty-five micrograms per cubic meter, measured on a twenty-four hour average, within twenty-four hours; and
(D) Meteorological conditions are highly likely to prevent sufficient dispersion of fine particulate.
(iii) In fine particulate nonattainment areas or areas at risk for fine particulate nonattainment, a second stage burn ban may be called for the county containing the nonattainment area or areas at risk for nonattainment, and when feasible only for the necessary portions of the county, without calling a first stage burn ban only when (c)(ii)(A), (B), and (D) of this subsection have been met and meteorological conditions are predicted to cause fine particulate levels to reach or exceed thirty micrograms per cubic meter, measured on a twenty-four hour average, within twenty-four hours.
(2) Actions of the department and local air pollution control authorities under this section shall preempt actions of other state agencies and local governments for the purposes of controlling air pollution from solid fuel burning devices, except where authorized by chapter 199, Laws of 1991.
(3)(a) The department or any local air pollution control authority that has called a second stage burn ban under the authority of subsection (1)(c)(ii) of this section shall, within ninety days, prepare a written report describing:
(i) The meteorological conditions that resulted in their calling the second stage burn ban;
(ii) Whether the agency could have taken actions to avoid calling a second stage burn ban without calling a first stage burn ban; and
(iii) Any changes the department or authority is making to its procedures of calling first stage and second stage burn bans to avoid calling a second stage burn ban without first calling a first stage burn ban.
(b) After consulting with affected parties, the department shall prescribe the format of such a report and may also require additional information be included in the report. All reports shall be sent to the department and the department shall keep the reports on file for not less than five years and available for public inspection and copying in accordance with RCW 42.56.090.
(4) For the purposes of chapter 219, Laws of 2012, an area at risk for nonattainment means an area where the three-year average of the annual ninety-eighth percentile of twenty-four hour fine particulate values is greater than twenty-nine micrograms per cubic meter, based on the years 2008 through 2010 monitoring data.
(5)(a) Nothing in this section restricts a person from installing or repairing a certified solid fuel burning device approved by the department under the program established under RCW 70A.15.3530 in a residence or commercial establishment or from replacing a solid fuel burning device with a certified solid fuel burning device. Nothing in this section restricts a person from burning wood in a solid fuel burning device, regardless of whether a burn ban has been called, if there is an emergency power outage. In addition, for the duration of an emergency power outage, nothing restricts the use of a solid fuel burning device or the temporary installation, repair, or replacement of a solid fuel burning device to prevent the loss of life, health, or business.
(b) For the purposes of this subsection, an emergency power outage includes:
(i) Any natural or human-caused event beyond the control of a person that leaves the person's residence or commercial establishment temporarily without an adequate source of heat other than the solid fuel burning device; or
(ii) A natural or human-caused event for which the governor declares an emergency in an area under chapter 43.06 RCW, including a public disorder, disaster, or energy emergency under RCW 43.06.010(12).
[ 2020 c 20 s 1119; 2016 c 187 s 1; 2012 c 219 s 1; 2008 c 40 s 1; 2007 c 339 s 1; 2005 c 197 s 1; 1998 c 342 s 8; 1995 c 205 s 1; 1991 c 199 s 504; 1990 c 128 s 2; 1987 c 405 s 6. Formerly RCW 70.94.473.]
Notes:
Finding—1991 c 199: See note following RCW 70A.15.1005.
Severability—1987 c 405: See note following RCW 70A.15.3500.

catchline: Limitations on burning wood for heat—First and second stage burn bans—Report on second stage burn ban—Exceptions—Emergency situations.


title: RCW 70A.15.3590

text:
A condominium owners' association or an association formed by residents of a multiple-family dwelling are not liable for violations of RCW 70A.15.3580 by a resident of a condominium or multiple-family dwelling. The associations shall cooperate with local air pollution control authorities to acquaint residents with the provisions of this section.
[ 2020 c 20 s 1120; 1990 c 157 s 2. Formerly RCW 70.94.475.]

catchline: Liability of condominium owners' association or resident association.


title: RCW 70A.15.3600

text:
(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.

catchline: Limitations on use of solid fuel burning devices.


title: RCW 70A.15.3610

text:
(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.

catchline: Woodstove education program.


title: RCW 70A.15.3620

text:
(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—1991 sp.s. c 13: See note following RCW 18.04.105.
Finding—1991 c 199: See note following RCW 70A.15.1005.
Severability—1987 c 405: See note following RCW 70A.15.3500.

catchline: Woodstove education and enforcement account created—Fee imposed on solid fuel burning device sales.


title: RCW 70A.15.3630

text:
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.]

catchline: Woodsmoke emissions—Findings.


title: RCW 70A.15.4000

text:
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.


title: RCW 70A.15.4010

text:
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.


title: RCW 70A.15.4020

text:
(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.

catchline: Transportation demand management—Requirements for counties and cities.


title: RCW 70A.15.4030

text:
(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.

catchline: Transportation demand management—Growth and transportation efficiency centers.


title: RCW 70A.15.4040

text:
(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.

catchline: Transportation demand management—Requirements for employers.


title: RCW 70A.15.4050

text:
(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.

catchline: Transportation demand management—Jurisdictions' review and penalties.


title: RCW 70A.15.4060

text:
(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.

catchline: Transportation demand management—Commute trip reduction board.


title: RCW 70A.15.4070

text:
(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.

catchline: Transportation demand management—Technical assistance.


title: RCW 70A.15.4080

text:
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.

catchline: Transportation demand management—Use of funds.


title: RCW 70A.15.4090

text:
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.

catchline: Transportation demand management—Intent—State leadership.


title: RCW 70A.15.4100

text:
(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.

catchline: Transportation demand management—State agencies—Joint comprehensive commute trip reduction plan—Reports.


title: RCW 70A.15.4110

text:
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.]

catchline: Transportation demand management—Collective bargaining powers unaffected.


title: RCW 70A.15.4200

text:
(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.]

catchline: Zero emission school bus grant program.


title: RCW 70A.15.4500

text:
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.]

catchline: Reports of authorities to department of ecology—Contents.


title: RCW 70A.15.4510

text:
(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.]

catchline: Burning used oil fuel in land-based facilities.


title: RCW 70A.15.4520

text:
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.

catchline: Metals mining and milling operations permits—Inspections by department of ecology.


title: RCW 70A.15.4530

text:
(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.

catchline: Odors or fugitive dust caused by agricultural activities consistent with good agricultural practices exempt from chapter.


title: RCW 70A.15.4540

text:
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.]

catchline: Ammonia emissions from use as agricultural or silvicultural fertilizer—Regulation prohibited.


title: RCW 70A.15.5000

text:
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.]

catchline: Definition of "outdoor burning."


title: RCW 70A.15.5010

text:
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.


title: RCW 70A.15.5020

text:
(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.

catchline: Outdoor burning—Areas where prohibited—Exceptions—Use for management of storm or flood-related debris—Silvicultural burning.


title: RCW 70A.15.5030

text:
In addition to any other powers granted to them by law, the fire protection agency, county, or conservation district issuing burning permits shall regulate or prohibit outdoor burning as necessary to prevent or abate the nuisances caused by such burning. No fire protection agency, county, or conservation district may issue a burning permit in an area where the department or local board has declared any stage of impaired air quality per RCW 70A.15.3580 or any stage of an air pollution episode. All burning permits issued shall be subject to all applicable fee, permitting, penalty, and enforcement provisions of this chapter. The permitted burning shall not cause damage to public health or the environment.
Any entity issuing a permit under this section may charge a fee at the level necessary to recover the costs of administering and enforcing the permit program.
[ 2020 c 20 s 1135; 1991 c 199 s 411; 1973 1st ex.s. c 193 s 10. Formerly RCW 70.94.6516, 70.94.780.]
Notes:
Finding—1991 c 199: See note following RCW 70A.15.1005.

catchline: Outdoor burning—Permits issued by political subdivisions.


title: RCW 70A.15.5040

text:
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.

catchline: Limited outdoor burning—Establishment of program.


title: RCW 70A.15.5050

text:
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.

catchline: Limited outdoor burning—Construction.


title: RCW 70A.15.5060

text:
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.

catchline: Limited outdoor burning—Authority of local air pollution control authority or department of ecology to allow outdoor fires not restricted.


title: RCW 70A.15.5070

text:
(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.


title: RCW 70A.15.5080

text:
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.

catchline: Limited outdoor burning—Permits issued by political subdivisions—Types of fires permitted.