Delaware 2023-2024 Regular Session

Delaware Senate Bill SB30 Latest Draft

Bill / Engrossed Version

                            SPONSOR:      Sen. Huxtable & Rep. Carson       Sens. Brown, Buckson, Gay, Hansen, Hocker, Hoffner, Lawson, Lockman, Mantzavinos, S. McBride, Paradee, Pettyjohn, Pinkney, Poore, Richardson, Sokola, Sturgeon, Townsend, Walsh, Wilson; Reps. Baumbach, Osienski           DELAWARE STATE SENATE   152nd GENERAL ASSEMBLY       SENATE BILL NO. 30   AS AMENDED BY   SENATE AMENDMENT NO. 2       AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO SILVICULTURE.      

     

     SPONSOR:      Sen. Huxtable & Rep. Carson       Sens. Brown, Buckson, Gay, Hansen, Hocker, Hoffner, Lawson, Lockman, Mantzavinos, S. McBride, Paradee, Pettyjohn, Pinkney, Poore, Richardson, Sokola, Sturgeon, Townsend, Walsh, Wilson; Reps. Baumbach, Osienski     

SPONSOR: Sen. Huxtable & Rep. Carson
Sens. Brown, Buckson, Gay, Hansen, Hocker, Hoffner, Lawson, Lockman, Mantzavinos, S. McBride, Paradee, Pettyjohn, Pinkney, Poore, Richardson, Sokola, Sturgeon, Townsend, Walsh, Wilson; Reps. Baumbach, Osienski

 SPONSOR:  

 Sen. Huxtable & Rep. Carson 

 Sens. Brown, Buckson, Gay, Hansen, Hocker, Hoffner, Lawson, Lockman, Mantzavinos, S. McBride, Paradee, Pettyjohn, Pinkney, Poore, Richardson, Sokola, Sturgeon, Townsend, Walsh, Wilson; Reps. Baumbach, Osienski 

   

 DELAWARE STATE SENATE 

 152nd GENERAL ASSEMBLY 

   

 SENATE BILL NO. 30 

 AS AMENDED BY 

 SENATE AMENDMENT NO. 2 

   

 AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO SILVICULTURE. 

   

  BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:   Section 1. Amend 6002, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:     6002. Definitions.   The following words and phrases shall have the meaning ascribed to them in this chapter unless the context clearly indicates otherwise:   As used in this chapter:   (2) Agricultural Operations means as defined in 8141(a) of Title 10.   (21) Forest products means any material derived from a silvicultural activity for direct consumption or commercial use, including lumber, sawdust, bark, pine needles, woodchips, wood shavings, slabs, edgings, or trim blocks.   (25) Incinerator, incinerator structure or facility, and waste incinerator include any structure or facility operated for the combustion (oxidation) of solid waste, even if the by-products of the operation include useful products such as steam and electricity. Incinerator  shall not include:   does not include any of the following:   a.  Crematoriums;   Crematoriums.   b. The disposal of the bodies of animals through  incineration;   incineration.   c. The burning of poultry waste or poultry manure at the same site where the waste or manure was generated,  which shall include   including  the burning of poultry waste or poultry manure generated upon an adjacent  farm;   farm.   d. The disposal of all materials used in the discovery, development, and manufacture of veterinary products, medicines and  vaccines; or   vaccines.   e. The disposition of mortalities from poultry operations in facilities approved by the Delaware Department of Natural Resources and Environmental Control which comply with United States Department of Agricultural Natural Resources Conservation Service Interim Conservation Practice Standard Incinerator 769 or any successor standard.   f. The disposal of unadulterated sawdust, wood shavings, bark, woodchips, slabs, edgings, or trim blocks produced because of a production process for lumber, by burning in an enclosed incinerator as part of a sawmill. Any products incinerated as part of a sawmill must be the residual materials of lumber sawn in that sawmill. This exemption does not apply in the coastal zone, as defined in 7002(i) of Title 7.   (51) Sawmill means a facility in which unadulterated logs are sawn into lumber and other products of a uniform and known composition.   (54) Silviculture means the care and cultivation of forest trees.   (55) Silvicultural activity means any forest management activity, including the harvesting of timber, the construction of roads and trails for forest management purposes, the preparation of property for reforestation, or the piling and burning of tree parts.      

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: 

 Section 1. Amend 6002, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:  

  6002. Definitions. 

 The following words and phrases shall have the meaning ascribed to them in this chapter unless the context clearly indicates otherwise:   As used in this chapter: 

 (2) Agricultural Operations means as defined in 8141(a) of Title 10. 

 (21) Forest products means any material derived from a silvicultural activity for direct consumption or commercial use, including lumber, sawdust, bark, pine needles, woodchips, wood shavings, slabs, edgings, or trim blocks. 

 (25) Incinerator, incinerator structure or facility, and waste incinerator include any structure or facility operated for the combustion (oxidation) of solid waste, even if the by-products of the operation include useful products such as steam and electricity. Incinerator  shall not include:   does not include any of the following: 

 a.  Crematoriums;   Crematoriums. 

 b. The disposal of the bodies of animals through  incineration;   incineration. 

 c. The burning of poultry waste or poultry manure at the same site where the waste or manure was generated,  which shall include   including  the burning of poultry waste or poultry manure generated upon an adjacent  farm;   farm. 

 d. The disposal of all materials used in the discovery, development, and manufacture of veterinary products, medicines and  vaccines; or   vaccines. 

 e. The disposition of mortalities from poultry operations in facilities approved by the Delaware Department of Natural Resources and Environmental Control which comply with United States Department of Agricultural Natural Resources Conservation Service Interim Conservation Practice Standard Incinerator 769 or any successor standard. 

 f. The disposal of unadulterated sawdust, wood shavings, bark, woodchips, slabs, edgings, or trim blocks produced because of a production process for lumber, by burning in an enclosed incinerator as part of a sawmill. Any products incinerated as part of a sawmill must be the residual materials of lumber sawn in that sawmill. This exemption does not apply in the coastal zone, as defined in 7002(i) of Title 7. 

 (51) Sawmill means a facility in which unadulterated logs are sawn into lumber and other products of a uniform and known composition. 

 (54) Silviculture means the care and cultivation of forest trees. 

 (55) Silvicultural activity means any forest management activity, including the harvesting of timber, the construction of roads and trails for forest management purposes, the preparation of property for reforestation, or the piling and burning of tree parts.