Senate Bill S4383

                                BILL NUMBER:S4383

TITLE OF BILL:

An act
to amend the environmental conservation law, in relation to the adoption
of certain regulations regarding emissions from outdoor wood boilers

PURPOSE:

This bill would direct the Department of Environmental Conservation to
adopt regulations for emissions levels in outdoor wood boilers that
are consistent with the standards in the United States Environmental
Protection Agency in the Phase 2 EPA Hydronic Heater Program, with
such regulations to go in.to effect no sooner than April 15, 2012.

SUMMARY OF PROVISIONS:

This bill would amend the Environmental Conservation Law by adding a
new section 19-0306-b directing the commissioner to adopt regulations
for outdoor wood boilers that are consistent with those in the
voluntary United States Environmental Protection Agency Phase 2
Hydronic Heater Program.

Section one of the bill contains legislative intent that emphasizes
the importance of outdoor wood boilers as an alternative source of
              

heat that uses wood, a renewable source of energy, and that can
provide heat at a relatively low cost; and endorses the adoption of
emissions standards for these heating devices as a means of
encouraging the use of newer and cleaner models.

Section two of the bill directs the commissioner to adopt regulations
for levels of emissions from outdoor wood boilers that are consistent
with the EPA Hydronic Heater Program Phase 2 Partnership Agreement
with manufacturers of outdoor wood boilers, and directs these
regulations to become effective no sooner than April 15, 2012.

Section three of the bill provides that the bill shall take effect
immediately.

JUSTIFICATION:

Outdoor wood boilers have provided an economical source of heat for
agricultural operations and residences located in the rural areas of
the state for many years. Wood is a sustainable and renewable source of
energy, and its use in clean burning appliances should be encouraged
by the state. Outdoor wood boilers provide residences and businesses
with an alternative means of heat that is provided at a lower cost
than many foreign sources of nonrenewable energy.

Outdoor wood boilers have undergone many changes since the time they
were first introduced. In an agreement with the US Environmental
Protection Agency that became effective in March 2010, manufacturers
have agreed to develop newer models with emissions levels that are
reduced by significant amounts. The Phase 2 EPA program for hydronic
heaters provides for a reduction in particulate emissions of about


9Q% over earlier models that did not qualify under the EPA Phase 1 or
Phase 2 program.

Adoption of these voluntary emissions standards should be encouraged
in New York, on a time frame that can be met by manufacturers. This
bill will allow for the continued sales of outdoor wood boilers and,
starting April 15, 2012, will provide for the newer, cleaner models
to be the only ones sold in this state. The extended effective date
of the requirement to sell only the newer, more technologically
advanced models will give manufacturers time to refine manufacturing
processes and provide sufficient outdoor wood boilers to meet the
demand for them in the state. It will allow dealers with older models
in stock today sufficient time to dispose of those units or trade
them back to manufacturers for newer models. It will ensure that as
older models are replaced, the replacements will be those with
cleaner operations and reduced emissions.

April 15, 2012 is a reasonable date to phase in these emissions
standards for all new outdoor wood boilers sold or installed in this
state.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None to the state. Continued use of economical outdoor wood boilers
will reduce heating costs for agricultural operations and residents
in rural areas of the state where the outdoor wood boilers are used.

EFFECTIVE DATE:

This act shall take effect immediately.