Bill Text: NY A01977 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the environmental conservation law, in relation to regulating outdoor wood-burning devices in New York state
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2010-01-06 - referred to environmental conservation [A01977 Detail]
Download: New_York-2009-A01977-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1977 2009-2010 Regular Sessions I N A S S E M B L Y January 14, 2009 ___________ Introduced by M. of A. LUPARDO, BENEDETTO, GALEF, PAULIN -- Multi-Spon- sored by -- M. of A. LIFTON, MAYERSOHN, SWEENEY -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to regu- lating outdoor wood-burning devices in New York state THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative findings and declarations. An outdoor wood- 2 burning device is a wood-fired device located outside the primary resi- 3 dential or commercial dwelling it serves, designed to transfer heat, via 4 liquid, through the burning of wood to heat indoor spaces, swimming 5 pools, hot tubs or other hot water uses. Unlike woodstoves, outdoor 6 wood-burning devices are currently unregulated by New York state or the 7 United States Environmental Protection Agency. Due to their design, 8 outdoor wood-burning devices produce excessive smoke, which may have 9 serious environmental and health impacts for surrounding neighbors. 10 Smoke from outdoor wood-burning devices contains unhealthy amounts of 11 particulate matter, dioxins, carbon monoxide, nitrogen dioxide, sulfur 12 dioxide, hydrochloric acid, formaldehyde and other toxic air pollutants. 13 Exposure to smoke from outdoor wood-burning devices can cause adverse 14 respiratory and cardiovascular symptoms, asthmatic sensitivity, lung 15 illnesses and cancer. Studies show that children, the elderly and indi- 16 viduals with pre-existing cardio-respiratory disease or diabetes are at 17 greater risk than the general population of developing these symptoms. 18 While outdoor wood-burning devices are intended to burn only natural 19 wood, homeowners sometimes add inappropriate materials such as yard 20 waste, packing materials, construction debris and even household 21 garbage. Burning these waste materials in an outdoor wood-burning device 22 can produce additional toxic air pollutants. Even when used in accord- 23 ance with manufacturer's recommendations, these devices frequently cause 24 nuisance conditions. Therefore, the purpose of this act is to ensure the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03011-01-9 A. 1977 2 1 proper siting, operation and performance of outdoor wood-burning devices 2 in order to protect public health and the environment. 3 S 2. Article 19 of the environmental conservation law is amended by 4 adding a new title 13 to read as follows: 5 TITLE 13 6 OUTDOOR WOOD-BURNING DEVICES 7 SECTION 19-1301. DEFINITIONS. 8 19-1303. OUTDOOR WOOD-BURNING DEVICES REQUIREMENTS. 9 19-1305. REGULATIONS. 10 S 19-1301. DEFINITIONS. 11 AS USED IN THIS TITLE: 12 1. "OUTDOOR WOOD-BURNING DEVICE" SHALL MEAN A DEVICE LOCATED OUTSIDE A 13 RESIDENTIAL OR COMMERCIAL BUILDING IT SERVES, DESIGNED TO TRANSFER HEAT, 14 VIA LIQUID, THROUGH THE BURNING OF WOOD TO HEAT INDOOR SPACES, SWIMMING 15 POOLS, HOT TUBS OR OTHER HOT WATER USES. OUTDOOR WOOD-BURNING DEVICES DO 16 NOT INCLUDE FIRE PITS OR WOOD-FIRED BARBECUES. 17 2. "NATURAL WOOD" SHALL MEAN TREES INCLUDING LOGS, BOLES, TRUNKS, 18 BRANCHES, LIMBS, AND STUMPS. 19 3. "RESIDENCE" SHALL MEAN A BUILDING OR STRUCTURE WHICH IS A PRIMARY 20 OR SECONDARY HOME OF ONE OR MORE PERSONS. 21 4. "MUNICIPALITY" SHALL MEAN A VILLAGE, TOWN, CITY OR COUNTY OR ANY 22 DESIGNATED AGENCY THEREOF. 23 5. "FARM WOODLAND" SHALL MEAN LAND USED FOR THE PRODUCTION FOR SALE OF 24 WOODLAND PRODUCTS INCLUDING BUT NOT LIMITED TO LOGS, LUMBER, POSTS AND 25 FIREWOOD. 26 6. "LAND USED IN AGRICULTURAL PRODUCTION" SHALL MEAN NOT LESS THAN 27 SEVEN ACRES OF LAND USED AS A SINGLE OPERATION FOR THE PRODUCTION FOR 28 SALE OF CROPS, LIVESTOCK OR LIVESTOCK PRODUCTS OF AN AVERAGE GROSS SALES 29 VALUE OF TEN THOUSAND DOLLARS OR MORE. 30 S 19-1303. OUTDOOR WOOD-BURNING DEVICES REQUIREMENTS. 31 1. NO PERSON SHALL CONSTRUCT, INSTALL, MODIFY, OPERATE OR USE AN 32 OUTDOOR WOOD-BURNING DEVICE, UNLESS SUCH DEVICE COMPLIES WITH THE 33 FOLLOWING: 34 (A) OUTDOOR WOOD-BURNING DEVICES SHALL NOT BE OPERATED BETWEEN MAY 35 FIRST AND SEPTEMBER THIRTIETH; PROVIDED, HOWEVER, OUTDOOR WOOD-BURNING 36 DEVICES OPERATED ON LAND USED IN AGRICULTURAL PRODUCTION OR FARM WOOD- 37 LAND SHALL BE EXEMPT FROM THIS SUBDIVISION; 38 (B) AN OUTDOOR WOOD-BURNING DEVICE SHALL NOT BE INSTALLED OR OPERATED 39 WITHIN SEVEN HUNDRED FEET FROM THE OCCUPIED BUILDING OF A HOSPITAL, 40 SCHOOL, DAYCARE CENTER OR NURSING HOME OR FROM THE BOUNDARY OF A MUNICI- 41 PAL PARK OR RECREATIONAL FACILITY; 42 (C) AN OUTDOOR WOOD-BURNING DEVICE SHALL NOT BE INSTALLED OR OPERATED 43 WITHIN TWO HUNDRED FEET FROM THE NEAREST RESIDENCE NOT SERVED BY AN 44 OUTDOOR WOOD-BURNING DEVICE; 45 (D) ONLY NATURAL WOOD INCLUDING, BUT NOT LIMITED TO, WOOD THAT HAS NOT 46 BEEN PAINTED, STAINED, CHEMICALLY TREATED, LAMINATED OR GLUED MAY BE 47 BURNED IN AN OUTDOOR WOOD-BURNING DEVICE; 48 (E) THE INSTALLATION OF A CHIMNEY OF AN OUTDOOR WOOD-BURNING DEVICE 49 MUST BE IN ACCORDANCE WITH APPLICABLE BUILDING ORDINANCES; 50 (F) THE INSTALLATION AND OPERATION OF AN OUTDOOR WOOD-BURNING DEVICE 51 MUST BE IN ACCORDANCE WITH THE MANUFACTURER'S WRITTEN INSTRUCTIONS AND 52 IN COMPLIANCE WITH LOCAL ORDINANCES; 53 (G) DEALERS AND SELLERS OF OUTDOOR WOOD-BURNING DEVICES ARE REQUIRED 54 TO PROVIDE BUYERS A WRITTEN NOTICE STATING THAT ONLY NATURAL WOOD THAT 55 HAS NOT BEEN PAINTED, STAINED, CHEMICALLY TREATED, LAMINATED OR GLUED A. 1977 3 1 MAY BE BURNED AND HOUSEHOLD OR OTHER WASTE MUST NOT BE BURNED IN THE 2 DEVICE; AND 3 (H) DEVICES THAT COMPLY WITH THE STANDARDS FOR PARTICULATE MATTER 4 EMISSIONS PROMULGATED PURSUANT TO SECTION 19-1305 OF THIS TITLE SHALL BE 5 EXEMPT FROM THE SITING REQUIREMENTS SET FORTH IN PARAGRAPHS (A), (B) AND 6 (C) OF THIS SUBDIVISION. 7 2. THE COMMISSIONER SHALL ESTABLISH AND PUBLISH, IN CONSULTATION WITH 8 THE COMMISSIONER OF HEALTH, EDUCATIONAL MATERIALS EXPLAINING THE HEALTH 9 AND ENVIRONMENTAL HAZARDS OF OUTDOOR WOOD-BURNING DEVICES. 10 3. THE PROVISIONS SET FORTH IN SUBDIVISION ONE OF THIS SECTION SHALL 11 NOT PREVENT ANY MUNICIPALITY ENACTING A LOCAL LAW OR ORDINANCE FROM 12 BANNING OR REGULATING OUTDOOR WOOD-BURNING DEVICES FOR RESIDENTIAL, 13 COMMERCIAL OR INDUSTRIAL USE PROVIDED, HOWEVER, THAT SUCH LOCAL LAW OR 14 ORDINANCE IS NO LESS STRINGENT THAN THE PROVISIONS OF THIS TITLE. 15 S 19-1305. REGULATIONS. 16 1. ON OR BEFORE JANUARY FIRST, TWO THOUSAND TEN, THE DEPARTMENT SHALL 17 PROMULGATE TEST METHODS FOR THE MEASUREMENT OF PARTICULATE MATTER IN 18 ORDER TO DETERMINE COMPLIANCE WITH EMISSIONS STANDARDS. BY APRIL FIRST, 19 TWO THOUSAND TEN, THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSION- 20 ER OF HEALTH, SHALL ALSO PROMULGATE STANDARDS FOR PARTICULATE MATTER 21 EMISSIONS NECESSARY TO ENSURE PROTECTION OF PUBLIC HEALTH AND THE ENVI- 22 RONMENT. THESE STANDARDS SHALL BE NO LESS STRINGENT THAN THE FEDERAL 23 PARTICULATE MATTER STANDARD APPLICABLE TO INDOOR WOOD STOVES, FOUND AT 24 40 C.F.R. S60.530 THROUGH 40 C.F.R. S60.539B, AS AMENDED. UNLESS THE 25 DEPARTMENT PROMULGATES SUCH STANDARDS BY APRIL FIRST, TWO THOUSAND TEN, 26 THE FEDERAL WOODSTOVE STANDARD IS HEREBY INCORPORATED INTO THIS TITLE 27 AND SHALL BE APPLICABLE TO ALL OUTDOOR WOOD-BURNING DEVICES SOLD OR 28 OPERATED IN THE STATE. 29 2. NO PERSON SHALL SELL, INSTALL OR OPERATE AN OUTDOOR WOOD-BURNING 30 DEVICE ON OR AFTER JUNE FIRST, TWO THOUSAND ELEVEN UNLESS SUCH DEVICE 31 MEETS THE REQUIREMENTS OF THIS SECTION. PROVIDED, HOWEVER, THAT OUTDOOR 32 WOOD-BURNING DEVICES THAT ARE INSTALLED AND IN USE ON OR BEFORE THE 33 EFFECTIVE DATE OF THIS SECTION SHALL NOT BE SUBJECT TO THE REQUIREMENTS 34 OF THIS SECTION UNTIL JUNE FIRST, TWO THOUSAND TWELVE. 35 S 3. The environmental conservation law is amended by adding a new 36 section 71-2114 to read as follows: 37 S 71-2114. VIOLATIONS OF TITLE 13 OF ARTICLE 19 OF THIS CHAPTER. 38 1. ANY PERSON OPERATING AN OUTDOOR WOOD-BURNING DEVICE IN VIOLATION OF 39 SECTION 19-1303 OF THIS CHAPTER SHALL BE ISSUED A WARNING FOR THE FIRST 40 OFFENSE AND SHALL BE PROVIDED WITH EDUCATIONAL MATERIAL PRODUCED PURSU- 41 ANT TO SUBDIVISION TWO OF SECTION 19-1303 OF THIS CHAPTER AND BE WARNED 42 THAT FUTURE VIOLATIONS SHALL RESULT IN CIVIL PENALTIES. ANY PERSON 43 CONVICTED OF A SECOND VIOLATION OF THE PROVISIONS OF SECTION 19-1303 OF 44 THIS CHAPTER SHALL BE PUNISHED BY A CIVIL PENALTY OF UP TO SEVENTY-FIVE 45 DOLLARS. ANY PERSON CONVICTED OF A THIRD OR SUBSEQUENT VIOLATION OF THE 46 PROVISIONS OF SECTION 19-1303 OF THIS CHAPTER SHALL BE PUNISHED BY A 47 CIVIL PENALTY OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN TWO 48 HUNDRED FIFTY DOLLARS. 49 2. ANY PERSON WHO SELLS AN OUTDOOR WOOD-BURNING DEVICE WITHIN THE 50 STATE IN VIOLATION OF TITLE 13 OF ARTICLE 19 OF THIS CHAPTER SHALL BE 51 SUBJECT TO A CIVIL PENALTY OF UP TO ONE HUNDRED DOLLARS. SUBSEQUENT 52 OFFENSES ARE SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN TWO HUNDRED 53 FIFTY DOLLARS. 54 S 4. This act shall take effect immediately.