Summary of HB 119 (Session Law 2011-394)

• Exempts new renewable energy facilities meeting certain criteria from Best Available Control Technology (BACT) requirements for biomass combustion processes.

• Reduces open burning setback requirements from various distances to 500 feet for land clearing and right-of-way maintenance, and 300 feet for air curtain burners; permits unintentional minor setback noncompliance up to 5% without violation.

• Allows draft erosion and sedimentation control plans for utility line construction to be submitted without landowner written consent if owner receives prior notice.

• Clarifies that ABC permittees holding certain liquor permits must not dispose of required recyclable beverage containers in landfills or by incineration.

• Establishes weather-based irrigation controller requirements for major public facility construction projects and reduces indoor/outdoor water use standards by 20% and 50% respectively.

• Exempts small dams (25+ feet or 50+ acre-feet) and agricultural pond dams from Dam Safety Act requirements; allows variance process for public water supply well setbacks.

• Modifies underground storage tank program requirements, including secondary containment deadlines and corrosion protection alternatives.

• Defines and promotes gray water and rainwater reuse systems while prohibiting county and city ordinances from banning cisterns and rain barrels.

• Eliminates export certificate fees for ginseng and advances sunset of methane capture pilot program to September 2011.