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

                                  2165

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2011
                               ___________

Introduced  by  M. of A. MAGEE, BUTLER, GIGLIO -- read once and referred
  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
              

A. 2165                             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.