Committee approves bill to require crop‑residue burn reports and offer liability protection if guidelines followed

Representative Fran Kavanaugh, who represents a district in northeast Arkansas, said the bill aims to balance farmers’ needs for crop‑residue burning with public safety concerns after high‑profile smoke events and at least one serious traffic accident tied to smoke.

“I understand why we do it, and I understand the need to do it, but I also understand and have a great fear that if we don't address it now because my district is the epicenter, that it's going to get out of control and there won't be any burning,” Kavanaugh said, framing the bill as an attempt to preserve a farming practice while reducing harms.

The measure requires growers to report planned burns to the Department of Agriculture and follow smoke‑management guidelines that the department and stakeholders will develop; those who comply would receive limited liability protection under the bill. The sponsor said penalties were removed from the current draft to encourage compliance rather than punishment.

Rice and row‑crop industry leaders objected to a statewide mandate instead of a regional approach and warned about added costs and enforcement. Dow Brantley, who said he farms near the area of concern and chairs the Arkansas Rice Federation, said burning is a low‑cost, necessary practice and that a statewide mandate could impose new costs and regulatory burdens on farms that never see smoke impacts.

Nathan Reed, representing Arkansas Ag Council, also urged voluntary approaches and better funding for outreach and the app used to report burns; he said farmers are more likely to use reporting tools if the program offers incentives and reliable technical support.

Secretary West Ward of the Department of Agriculture told the committee the agency is willing to improve the reporting app and consider meteorological factors so the system can indicate when multiple nearby burns would overload an air shed. He said the department would have to update guidelines and the app for producers to use them reliably.

After extensive public and industry testimony, the committee approved the bill to advance. The sponsor said the bill is not a ban on burning; instead it aims to require reporting and establish smoke‑management guidelines and liability protections as incentives for compliance.