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SB 6121

Concerning biochar production from agricultural and forestry biomass.

2023-2024 Regular Session Introduced by T'wina Nobles and 2 co-sponsors

Creates a permit pathway under Washington's Clean Air Act for portable flame cap kilns to burn natural vegetation into biochar, with rules, fees, and end-use safeguards.

Effective date 6/6/2024.
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Bill Summary · SB 6121

Summary — SB 6121 (Chapter 280, 2024 Laws)

Concerning biochar production from agricultural and forestry biomass — effective June 6, 2024

Purpose

SB 6121 creates a regulatory pathway under the Washington Clean Air Act for small, portable "flame cap kilns" to combust clean natural vegetation from agricultural and silvicultural activities to produce biochar. The Legislature finds that distributed, small‑scale flame cap kilns can reduce greenhouse gas emissions, produce durable biogenic carbon storage, and minimize air‑quality impacts from open burning.

Key provisions

  • Adds the combustion of natural vegetation in portable flame cap kilns to activities for which agricultural or silvicultural burning permits may be issued by agencies (DNR, Ecology, and local permitting authorities), subject to existing outdoor burning restrictions.
  • Authorizes the Department of Natural Resources (DNR) to assess permit fees for silvicultural use of portable flame cap kilns.
  • Adds use of portable flame cap kilns to the DNR’s list of preferred slash‑disposal/alternative silviculture priorities that landowners should be encouraged to develop and use (alongside slash minimization, utilization, and nonburning disposal).
  • Requires that biomass burned in flame cap kilns be free of prohibited materials (e.g., garbage, dead animals, petroleum products, and other specified contaminants).
  • Amends the statutory definition of silvicultural burning to explicitly include combustion of natural vegetation from silvicultural activities.

Definition (statutory)

A "flame cap kiln" is defined as an outdoor container used for burning natural vegetation from silviculture or agricultural activities that meets all of the following:
- Solid or sealed bottom (including mineral soils) so all combustion air enters from above;
- Completely open on top with no restrictions;
- Shallow container (width greater than height);
- Maximum volume of 10 cubic meters.

Who is affected

  • Farmers and other agricultural operators who manage pruning, orchard waste, or field residues.
  • Forest landowners and contractors managing slash and thinning material.
  • DNR, Department of Ecology, counties, conservation districts, fire protection authorities, and local air authorities (permit issuance and enforcement).
  • Rural communities (potential economic opportunities from biochar production) and public health/air‑quality stakeholders.

Procedural history & effective date

  • Introduced Jan 10, 2024; substitute bill adopted in committee.
  • Passed Senate Feb 13, 2024 (49–0); passed House Mar 1, 2024 (96–0).
  • Signed by Governor Mar 26, 2024; Chapter 280, 2024 Laws.
  • Effective date: June 6, 2024.

Fiscal and policy notes

  • No appropriation in the bill; a fiscal note is available.
  • Existing outdoor burning restrictions (e.g., during air‑quality episodes, urban growth area limitations) remain in force—flame cap kiln use is permitted within the Act’s permitting framework and subject to permitting conditions.
  • Proponents testified flame cap kilns produce low emissions and useful biochar (soil amendment, carbon sequestration); no recorded opposition in hearings.

Compiled from official sources — confirm details with the bill’s official record.

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