HB1045
To Place Certain Requirements On An Individual Planning A Crop Residue Burn; And To Address Liability Of An Individual Who Has Followed Crop Residue Burn Requirements.
AI-Generated Summary
This bill proposes to establish new requirements for individuals planning crop residue burns in Arkansas. It mandates that any such burn must be reported to the Department of Agriculture before it begins. Additionally, the burn must adhere to the Arkansas Voluntary Smoke Management Guidelines for Row Crop Burning. A key provision of the bill is that individuals who conduct crop residue burns in compliance with these requirements are protected from civil liability for damages or injuries caused by the fire, including reignition or smoke. This protection is only waived if a claimant can prove, by a preponderance of the evidence, that damages resulted from negligence in the planning, implementation, or conducting of the burn. Furthermore, information reported to the Department of Agriculture under these new requirements will be considered a non-public record, exempt from the Freedom of Information Act. The act is set to become effective on July 1, 2026.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries of this bill would be individuals and entities engaged in agricultural practices that involve crop residue burning. Farmers, agricultural businesses, and landowners who utilize crop residue burning as a land management technique would benefit from the clarified liability protections. By following the outlined reporting and management guidelines, these individuals and entities would be shielded from potential civil lawsuits for damages or injuries arising from their burns, provided they can demonstrate compliance and lack of negligence.
Who Might Suffer?
The groups or entities most likely to be negatively impacted by this bill are individuals or entities who might suffer damages or injuries as a result of crop residue burns. This could include residents living near agricultural areas, property owners whose land is adjacent to fields where burns occur, or individuals who experience health issues exacerbated by smoke from these fires. The bill's provisions that limit liability for those conducting the burns, unless negligence is proven, could make it more challenging for claimants to seek compensation for damages, as the burden of proof for negligence is placed on them.