senate Bill S2182A

2011-2012 Legislative Session

Relates to the regulation of outdoor wood boilers

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 11, 2012 print number 2182a
amend and recommit to environmental conservation
Jan 04, 2012 referred to environmental conservation
Jan 18, 2011 referred to environmental conservation

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S2182 - Bill Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 19 Title 13 §19-1301, En Con L
Versions Introduced in 2009-2010 Legislative Session:
S8061

S2182 - Bill Texts

view summary

Relates to the regulation of outdoor wood boilers.

view sponsor 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.

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

                                  2182

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            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.

Co-Sponsors

S2182A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 19 Title 13 §19-1301, En Con L
Versions Introduced in 2009-2010 Legislative Session:
S8061

S2182A (ACTIVE) - Bill Texts

view summary

Relates to the regulation of outdoor wood boilers.

view sponsor memo
BILL NUMBER:S2182A

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.

LEGISLATIVE HISTORY:

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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2182--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            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.

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