Relates to the regulation of outdoor wood boilers

1 Co-sponsor

• Catharine Young

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.