This bill, House Bill 1045, sponsored by Representative Frances Cavenaugh, establishes new regulations and clarifies liability regarding crop residue burning in Arkansas.

Here's a detailed summary:

New Requirements for Crop Residue Burns:

• Reporting: Anyone planning to burn crop residue must report the burn to the Arkansas Department of Agriculture for approval before starting the burn.
• Compliance with Guidelines: The burn must comply with the "Arkansas Voluntary Smoke Management Guidelines for Row Crop Burning." These guidelines likely provide best practices to minimize smoke and its impact on air quality and visibility.

Burn Bans:

• Clarification: The bill clarifies that a crop residue burn is generally allowed even if a county has a burn ban in place. However, the Forestry Division of the Department of Agriculture can still prohibit all burning in a county if it determines conditions are unsafe.

Liability Protection:

• Conditional Immunity: If someone conducts a crop residue burn and follows all the requirements of this bill, they are protected from civil liability for any damage or injury caused by the fire. This includes situations where a previously contained fire re-ignites or if smoke from the burn causes harm.
• Exception for Negligence: This liability protection does not apply if someone proves in court that the person conducting the burn was negligent in planning, implementing, or conducting it. In such cases, the burner could still be held liable for damages.

Penalties for Violations:

• Significant Fines: Anyone who conducts a crop residue burn without following the requirements of the bill faces steep civil penalties:
  • $25,000 for the first violation
  • $50,000 for the second violation
  • $75,000 for each subsequent violation
• Appeals Process: A person penalized for a violation can appeal the Department of Agriculture's decision through the Arkansas Administrative Procedure Act.
• Use of Penalty Funds: Money collected from these penalties will go towards the "Agri Scholarship Program," which supports agricultural education.

In essence: This bill creates a regulatory framework for crop residue burning in Arkansas. It aims to balance the needs of agriculture with protecting public safety and air quality. By requiring reporting and adherence to guidelines, it seeks to minimize the negative impacts of burning. The liability protection incentivizes compliance, while the penalties deter violations.

Crop residue burning is the practice of intentionally setting fire to the leftover plant material in a field after a crop has been harvested. This leftover material, called crop residue, can include things like stalks, leaves, and roots.

Why do farmers burn crop residue?

There are a few reasons why farmers might choose to burn crop residue:

• Land Management: Burning can be a quick and inexpensive way to clear a field after harvest, making it easier to prepare for the next planting season. It can also help control weeds and pests.
• Disease Control: Burning can help reduce the spread of certain plant diseases that can linger in crop residue.
• Nutrient Recycling: While not the most efficient method, burning can release some nutrients back into the soil.