NY State Senate Bill 2009-S8061

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 01, 2010	referred to environmental conservation
Jun 30, 2010	delivered to assembly passed senate ordered to third reading cal.1410 committee discharged and committed to rules
Jun 03, 2010	referred to environmental conservation

Votes

- Jun 30, 2010 - Floor Vote
  S8061
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 30, 2010
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (1)
      
      Morahan
  Jun 30, 2010 - Rules Committee Vote
  S8061
  
  16
  
  Aye
  
  0
  
  Nay
  
  7
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 30, 2010
      
      aye (16)
      
      Dilan
      
      Espada
      
      Hassell-Thompson
      
      Johnson
      
      Klein
      
      Krueger
      
      LaValle
      
      Montgomery
      
      Padavan
      
      Parker
      
      Saland
      
      Serrano
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (7)
      
      Duane
      
      Farley
      
      Hannon
      
      Larkin
      
      Seward
      
      Skelos
      
      Volker

co-Sponsors

2009-S8061 (ACTIVE) - Details

See Assembly Version of this Bill:: A11457
Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 19 Title 13 §19-1301, En Con L
Versions Introduced in 2011-2012 Legislative Session:: S2182, A2165

2009-S8061 (ACTIVE) - Summary

Relates to the regulation of outdoor wood boilers.

2009-S8061 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8061

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, 2011 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:
New bill.

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, except that
restrictions on the sale of wood boilers that do not meet EPA
voluntary standards shall take effect January 1, 2011.

2009-S8061 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8061

                            I N  S E N A T E

                              June 3, 2010
                               ___________

Introduced by Sen. AUBERTINE -- 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD17634-01-0

S. 8061                             2

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 ELEVEN.
  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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Senate Bill S8061

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Jun 30, 2010 - Floor Vote

Floor Vote: Jun 30, 2010

Jun 30, 2010 - Rules Committee Vote

Rules Committee Vote: Jun 30, 2010

co-Sponsors

2009-S8061 (ACTIVE) - Details

2009-S8061 (ACTIVE) - Summary

2009-S8061 (ACTIVE) - Sponsor Memo

2009-S8061 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8061

Share this bill

Sponsored By

Darrel J. Aubertine

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

Joseph A. Griffo

Betty Little

David J. Valesky

2009-S8061 (ACTIVE) - Details

2009-S8061 (ACTIVE) - Summary

2009-S8061 (ACTIVE) - Sponsor Memo

2009-S8061 (ACTIVE) - Bill Text download pdf

Comments