Relates to the regulation of outdoor wood boilers.
TITLE OF BILL: An act to amend the environmental conservation law, in relation to outdoor wood boilers
PURPOSE: This bill restricts the sale of outdoor wood boilers after January 1, 2013 that do not meet EPA emission standards and clarifies statutory authority regarding the use of such as a heating source.
SUMMARY OF 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 non-renewable 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.
2011: S.2182 - Referred to Environmental Conservation 2010: S.8061 - Passed Senate
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.
STATE OF NEW YORK ________________________________________________________________________ 2182--A 2011-2012 Regular Sessions IN SENATE January 18, 2011 ___________Introduced by Sens. LITTLE, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conser- vation -- recommitted to the Committee on Environmental Conservation in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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 TITLE 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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03572-02-2 S. 2182--A 2
(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 OTHER BIOMASS THAT IS CONSISTENT WITH THE UNIT MANUFACTURER'S RECOMMEN- DATIONS, AND IS TYPICALLY USED OUTDOORS OR IN BUILDINGS NOT NORMALLY OCCUPIED BY HUMANS, SUCH AS GARAGES, SHEDS OR BARNS. OUTDOOR WOOD BOIL- ERS 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" MEANS THE OPERATION OF AN OUTDOOR WOOD BOILER IN SUCH A WAY AS TO CREATE A CONDITION THAT INTERFERES WITH THE QUIET USE AND ENJOYMENT OF NEIGHBORING REAL 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 THIRTEEN. 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 IN THIS TITLE. 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.