S2182-2011 Actions

• Jan 11, 2012: PRINT NUMBER 2182A
• Jan 11, 2012: AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
• Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
• Jan 18, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S2182-2011 Memo

BILL NUMBER:S2182

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to outdoor wood
boilers

PURPOSE OR GENERAL IDEA OF BILL:
This bill restricts the sale of
outdoor wood boilers after January 1, 2011 that do not meet EPA
emission standards and clarifies statutory authority regarding the
use of such as a heating source.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Legislative intent - clarifies that wood is a source of
clean fuel and when used properly should not be discouraged from
being used as a fuel source.

Section 2 defines clean wood, other biomass, outdoor wood boiler and
nuisance.

Sections 3 - 7. Restricts the fuels that are allowed in outdoor wood
boilers to clean wood and other biomass, requires outdoor wood
boilers sold after January 1, 2012 to meet or exceed the particulate
and emission standards set under EPAs Phase II Voluntary Partnership
Program, directs the DEC to publish best practices on the operation,
use and siting of outdoor wood boilers, allows local governments to
more stringently regulate outdoor wood boilers, and clarifies that
the operation of such heating sources is subject to the nuisance
provisions of the real property and public health laws.

JUSTIFICATION:
Wood is a sustainable and renewable source of energy,
and burning wood reduces our dependence on foreign sources of energy.
When used responsibly, to bum clean wood or other biomass such as
wood pellets, corn or wood chips, outdoor wood boilers offer many New
Yorkers a reliable and more cost effective source of heat and hot
water when compared to the cost of other nonrenewable energy sources.
For the most part, the regulation of outdoor wood boilers should be
left to local governments who are better able to decide when and
where these units can be used, and are also better positioned to take
enforcement actions when the operator of such a unit is acting in a
way that is creating a nuisance situation. Restricting future sales
of outdoor wood boilers to those units that meet the requirements of
the U.S. EPA's Phase 2 Voluntary Partnership Program for outdoor
wood boilers will ensure that as new units are installed and old
units are replaced there will be fewer emissions of particulate matter.

PRIOR LEGISLATIVE HISTORY:
S.8061/A.11457 of 2010

FISCAL IMPLICATIONS:
None to the state, allowing individuals to use
such heating devices may result in individual savings.

EFFECTIVE DATE:
This act shall take effect immediately.

S2182-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2182
 2011-2012 Regular Sessions
 I N  SENATE
 January 18, 2011
 
 Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
 printed to be committed to the Committee on Environmental Conservation
 

AN ACT to amend the  environmental  conservation  law,  in  relation  to
 outdoor wood boilers
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Legislative intent. The legislature finds that  wood  is  a
 sustainable  and renewable resource and that burning clean wood for heat
 reduces our dependence on more costly foreign non-renewable  sources  of
 energy.  The legislature further finds that responsible burning of clean
 wood in an outdoor wood boiler provides a reliable source  of  heat  and
 hot  water at a relatively low cost when compared to other energy sourc
 es.  Furthermore, the legislature finds that because of the  wide  vari
 ation  in  climate,  topography,  community character and socio-economic
 conditions throughout New York state, any  regulation  of  outdoor  wood
 boilers that is more restrictive than that contained in this act is most
 appropriately left to local governments.
 

S  2.  Article  19 of the environmental conservation law is amended by
 adding a new title 13 to read as follows:

 TITLE 13
 REGULATION OF OUTDOOR WOOD BOILERS
 SECTION 19-1301. REGULATION OF OUTDOOR WOOD BOILERS.
 

S 19-1301. REGULATION OF OUTDOOR WOOD BOILERS.
 1. DEFINITIONS. AS USED IN THIS  CHAPTER  THE  FOLLOWING  TERMS  SHALL
 MEAN:

 (A)  "CLEAN WOOD" MEANS WOOD THAT HAS NOT BEEN PAINTED, STAINED, COAT
 ED, PRESERVED, OR TREATED WITH ANY PRESERVATIVE,  HERBICIDE,  PESTICIDE,
 ADHESIVE OR OTHER CHEMICAL COATING.
 (B) "OTHER BIOMASS" MEANS WOOD PELLETS, CORN, OR WOOD CHIPS.
 (C)  "OUTDOOR  WOOD  BOILER"  ALSO KNOWN AS "HYDRONIC HEATERS" MEANS A
 FUEL BURNING DEVICE THAT IS DESIGNED TO PRIMARILY BURN  CLEAN  WOOD,  OR
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03572-01-1
 
       S. 2182                             2
 OTHER  BIOMASS  AS  DEFINED  IN THIS SECTION THAT IS CONSISTENT WITH THE
 UNIT MANUFACTURER'S RECOMMENDATIONS, AND IS TYPICALLY USED  OUTDOORS  OR
 IN  BUILDINGS NOT NORMALLY OCCUPIED BY HUMANS, SUCH AS GARAGES, SHEDS OR
 BARNS.  OUTDOOR WOOD BOILERS ARE USED TO HEAT WATER OR A WATER AND ANTI
 FREEZE MIXTURE THAT IS DISTRIBUTED THROUGH PIPES GIVING OFF HEAT IN  THE
 PROCESS.
 (D)  "NUISANCE"  AS  USED  IN  THIS  SECTION MEANS THE OPERATION OF AN
 OUTDOOR WOOD BOILER IN SUCH A WAY AS TO CREATE A CONDITION  THAT  INTER
 FERES  WITH  THE  QUIET USE AND ENJOYMENT OF NEIGHBORING PROPERTY BY THE
 OWNER AND/OR OCCUPANT OF SUCH PROPERTY.
 2. IT SHALL BE UNLAWFUL TO OPERATE AN OUTDOOR WOOD  BOILER  USING  ANY
 FUEL  SOURCE  OTHER  THAN CLEAN WOOD OR OTHER BIOMASS THAT IS CONSISTENT
 WITH THE RECOMMENDATIONS OF THE MANUFACTURER OF SUCH OUTDOOR WOOD  BOIL
 ER.
 3.  OPERATION  OF  AN OUTDOOR WOOD BOILER IN SUCH A WAY AS TO CREATE A
 CONDITION THAT INTERFERES WITH THE QUIET USE AND ENJOYMENT OF  NEIGHBOR
 ING  LAND  BY THE OWNER OF SUCH LAND SHALL CONSTITUTE A NUISANCE AND THE
 VIOLATOR SHALL BE SUBJECT TO THE ENFORCEMENT ACTIONS UNDER THE  NUISANCE
 PROVISIONS  OF  SECTION  EIGHT  HUNDRED  FORTY-ONE  OF THE REAL PROPERTY
 ACTIONS AND PROCEEDINGS LAW AND/OR SECTION THIRTEEN HUNDRED FOUR OF  THE
 PUBLIC HEALTH LAW.
 4.  NO  PERSON  SHALL OFFER FOR SALE, INSTALL OR ALLOW TO BE INSTALLED
 ANY OUTDOOR WOOD BOILER THAT DOES NOT  MEET  THE  STANDARDS  ESTABLISHED
 PURSUANT  TO THE U.S. ENVIRONMENTAL PROTECTION AGENCY PHASE II VOLUNTARY
 PARTNERSHIP PROGRAM FOR EMISSIONS  FROM  OUTDOOR  WOOD  BOILERS  OF  .32
 POUNDS  PER MILLION BRITISH THERMAL UNITS AFTER JANUARY FIRST, TWO THOU
 SAND TWELVE.
 5. THE DEPARTMENT SHALL PREPARE AND MAKE AVAILABLE TO THE PUBLIC GUID
 ANCE ON THE BEST PRACTICES TO FOLLOW INCLUDING BUT NOT  LIMITED  TO  THE
 OPERATION,  SITING,  AND RECOMMENDED STACK HEIGHT FOR OUTDOOR WOOD BOIL
 ERS.
 6. NOTHING IN THIS SECTION SHALL  PRECLUDE  A  LOCAL  GOVERNMENT  FROM
 ENACTING MORE STRINGENT STANDARDS THAN THOSE ESTABLISHED HEREIN.
 7.  ANY  MORE STRINGENT REGULATION OF OUTDOOR WOOD BOILERS BEYOND THAT
 WHICH IS CONTAINED IN THIS SECTION SHALL BE LEFT TO THE GOVERNING BODIES
 OF THE STATE'S CITIES, TOWNS AND VILLAGES.
 

S 3. This act shall take effect immediately.

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