NY State Senate Bill 2009-S839

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to environmental conservation
Jan 18, 2009	referred to environmental conservation

2009-S839 (ACTIVE) - Details

See Assembly Version of this Bill:: A1977
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 19 Title 13 §§19-1301 - 19-1305, §71-2114, En Con L

2009-S839 (ACTIVE) - Summary

Relates to regulating outdoor wood-burning devices; establishes outdoor wood-burning devices shall be operated only between September thirtieth through May first; establishes that outdoor wood-burning devices shall not be operated within seven hundred feet of certain locations; establishes that outdoor wood-burning devices shall not be installed or operated within two hundred feet of certain residences.

2009-S839 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S839

 TITLE OF BILL :
An act to amend the environmental conservation law, in relation to
regulating outdoor wood-burning devices in New York state


 PURPOSE :
To require the Commissioner of the Department of Environmental
Conservation, in consultation with the Commissioner of the Department
of Health, to set standards for outdoor wood-burning devices in order
to protect the public's health and the environment from harmful air
emissions.

 SUMMARY OF PROVISIONS :
Amends the Environmental Conservation Law by adding a new Title 11 in
order to regulate outdoor wood-burning devices. For the purpose of
this section, the term "outdoor wood-burning device" is a device
located outside the primary residential or commercial dwelling it
serves, which is designed to transfer heat, via liquid, through the
burning of wood to heat indoor spaces, swimming pools, hot tubs or
other hot water uses. Outdoor wood-burning devices do not include fire
pits or wood-fired barbecues. Only natural wood can be burned in these
devices. Natural wood means trees, including logs, boles, trunks,
branches, limbs and stumps.

Section 19-1303 of Title 11 provides the following outdoor
wood-burning device requirements.  No person shall construct, install,
modify, operate or use an outdoor wood-burning device, unless such
device complies with the following:

(1) Outdoor wood-burning devices shall only be operated between May
1st through September 30th; provided, however, outdoor wood-burning
devices operated on land used in agricultural production or farm
woodland shall be exempt from this subdivision;

(2) An outdoor wood-burning device shall not be operated within seven
hundred feet from the occupied building of a hospital, school, daycare
center or nursing home or from the boundary of a municipal park or
recreational facility;

(3) An outdoor wood-burning device shall not be installed or operated
within two hundred feet from the nearest residence not served by an
outdoor wood-burning device;

(4) Only natural wood, including, but not limited to, wood that has
not been painted, stained, chemically treated, laminated or glued may
be burned in an outdoor wood-burning device;

(5) The installation of a chimney of an outdoor wood-burning device
must be in accordance with applicable building ordinances and codes;

(6) The installation and operation of an outdoor wood-burning device
must be in accordance with the manufacturer's written instructions and
in compliance with local ordinances;

(7) Dealers and sellers of outdoor wood-burning devices are required
to provide buyers with a written notice stating that only natural wood
that has not been painted, stained, chemically treated, laminated or
glued may be burned and household or other waste must not be burned in
the device; and

(8) Devices that comply with the regulations promulgated pursuant to
section 19-1109 of this title shall be exempt from the siting
requirements set forth in subdivisions two and three of this section.

(9) The provisions set forth in subdivisions one through eight of this
section shall not prevent any municipality enacting a local law or
ordinance from banning or regulating outdoor wood-burning devices
standard for residential, commercial, or industrial use provided,
however, that such local law or ordinance is no less stringent than
the provisions of this title.

On or before January 1, 2010, the Commissioner of Environmental
Conservation shall promulgate testing methods for the measurement of
particular matter in order to determine compliance with emission
standards. By April 1, 2010, the Department, in consultation with the
Commissioner of Health, shall also promulgate emissions standards for
particulate matter necessary to ensure the protection of public health
and the environment. If the Department does not promulgate standards
for outdoor wood-burning devices by April 1, 2010 then the federal
wood stove standard would take effect until the Department develops
alternative emission standards that are no less stringent than the
federal particular matter emission standard for indoor wood stoves.

Any person who sells or operates an outdoor wood-burning device in
violation of this section is subject to a warning and educational
materials for the first offense. A second violation shall be punished
by a civil penalty of up to seventy-five dollars; any subsequent
violation shall be punished by a civil penalty of not less than one
hundred dollars nor more than tow hundred fifty dollars. The
Commissioner of Environmental Conservation shall enforce these
provisions. By June 1, 2011, no outdoor wood-burning devices shall be
sold, installed or operated unless they meet emission standards
promulgated by the Department. However, outdoor wood-burning devices
installed and in use on or before the effective date of this act shall
not be subject to such air emission standards until June 1, 2012.

All provisions of this act will take effect immediately.

 JUSTIFICATION :
Unlike wood stoves, outdoor wood-burning devices are currently
unregulated by New York State or the United States Environmental
Protection Agency. Due to their design, outdoor wood-burning devices
produce excessive smoke, which may have serious environmental and
health impacts for surrounding neighbors. Smoke from an outdoor
wood-burning device often contains unhealthy amounts of particulate
matter, dioxins, carbon monoxide, nitrogen dioxide, sulfur dioxide,
hydrochloric acid, formaldehyde and other toxic air pollutants.
Exposure to smoke from an outdoor wood-burning device can cause
adverse respiratory and cardiovascular symptoms, asthmatic
sensitivity, lung illnesses and cancer. Studies show that children,
the elderly and individuals with preexisting cardio-respiratory
diseases or diabetes are at greater risk than the general population
of developing these symptoms. While outdoor wood-burning devices are
intended to burn only natural wood, homeowners sometimes add
inappropriate materials such as yard waste, packing materials,
construction debris and even household garbage. Burning these waste
materials in an outdoor wood-burning device can produce additional
toxic air pollutants. Even when used in accordance with manufacturer's
recommendations, these devices frequently cause nuisance conditions.
Therefore, the purpose of this act is to ensure the proper siting,
operation and performance of outdoor wood-burning devices in order to
protect public health and the environment.

Since 1988, the United States Environmental Protection Agency has
implemented regulations that govern the manufacture and sale of wood
stoves. The United States Environmental Protection Agency mandatory
particulate matter emission limit for wood stoves is 7.5 grams of
particulate matter per hour (g/h) for non-catalytic stoves, and 4.1
g/h for catalytic stoves. Today, all new wood stoves, sold in the
United States must meet these limits. Several states have proposed
developing regulations for outdoor wood-burning devices. In New York
State, at least twelve municipalities either have restricted or banned
the use of outdoor wood-burning devices.

 LEGISLATIVE HISTORY :
2007-08:  S.3833
2006:     S.7401-B

 FISCAL IMPLICATIONS :
None identified.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S839 (ACTIVE) - Bill Text download pdf

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

                                   839

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 18, 2009
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Environmental Conser-
  vation

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:

  Section  1.  Legislative  findings  and declarations. An outdoor wood-
burning device is a wood-fired device located outside the primary  resi-
dential or commercial dwelling it serves, designed to transfer heat, via
liquid,  through  the  burning  of  wood to heat indoor spaces, swimming
pools, hot tubs or other hot  water  uses.  Unlike  woodstoves,  outdoor
wood-burning  devices are currently unregulated by New York state or the
United States Environmental Protection  Agency.  Due  to  their  design,
outdoor  wood-burning  devices  produce  excessive smoke, which may have
serious environmental and  health  impacts  for  surrounding  neighbors.
Smoke  from  outdoor  wood-burning devices contains unhealthy amounts of
particulate matter, dioxins, carbon monoxide, nitrogen  dioxide,  sulfur
dioxide, hydrochloric acid, formaldehyde and other toxic air pollutants.
Exposure  to  smoke  from outdoor wood-burning devices can cause adverse
respiratory and cardiovascular  symptoms,  asthmatic  sensitivity,  lung
illnesses  and cancer. Studies show that children, the elderly and indi-
viduals with pre-existing cardio-respiratory disease or diabetes are  at
greater  risk  than the general population of developing these symptoms.
While outdoor wood-burning devices are intended  to  burn  only  natural
wood,  homeowners  sometimes  add  inappropriate  materials such as yard
waste,  packing  materials,  construction  debris  and  even   household
garbage. Burning these waste materials in an outdoor wood-burning device
can  produce  additional toxic air pollutants. Even when used in accord-
ance with manufacturer's recommendations, these devices frequently cause
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

S. 839                              2

proper siting, operation and performance of outdoor wood-burning devices
in order to protect public health and the environment.
  S  2.  Article  19 of the environmental conservation law is amended by
adding a new title 13 to read as follows:
                                TITLE 13
                      OUTDOOR WOOD-BURNING DEVICES
SECTION 19-1301. DEFINITIONS.
        19-1303. OUTDOOR WOOD-BURNING DEVICES REQUIREMENTS.
        19-1305. REGULATIONS.
S 19-1301. DEFINITIONS.
  AS USED IN THIS TITLE:
  1. "OUTDOOR WOOD-BURNING DEVICE" SHALL MEAN A DEVICE LOCATED OUTSIDE A
RESIDENTIAL OR COMMERCIAL BUILDING IT SERVES, DESIGNED TO TRANSFER HEAT,
VIA LIQUID, THROUGH THE BURNING OF WOOD TO HEAT INDOOR SPACES,  SWIMMING
POOLS, HOT TUBS OR OTHER HOT WATER USES. OUTDOOR WOOD-BURNING DEVICES DO
NOT INCLUDE FIRE PITS OR WOOD-FIRED BARBECUES.
  2.  "NATURAL  WOOD"  SHALL  MEAN  TREES INCLUDING LOGS, BOLES, TRUNKS,
BRANCHES, LIMBS, AND STUMPS.
  3. "RESIDENCE" SHALL MEAN A BUILDING OR STRUCTURE WHICH IS  A  PRIMARY
OR SECONDARY HOME OF ONE OR MORE PERSONS.
  4.  "MUNICIPALITY"  SHALL  MEAN A VILLAGE, TOWN, CITY OR COUNTY OR ANY
DESIGNATED AGENCY THEREOF.
  5. "FARM WOODLAND" SHALL MEAN LAND USED FOR THE PRODUCTION FOR SALE OF
WOODLAND PRODUCTS INCLUDING BUT NOT LIMITED TO LOGS, LUMBER,  POSTS  AND
FIREWOOD.
  6.  "LAND  USED  IN  AGRICULTURAL PRODUCTION" SHALL MEAN NOT LESS THAN
SEVEN ACRES OF LAND USED AS A SINGLE OPERATION FOR  THE  PRODUCTION  FOR
SALE OF CROPS, LIVESTOCK OR LIVESTOCK PRODUCTS OF AN AVERAGE GROSS SALES
VALUE OF TEN THOUSAND DOLLARS OR MORE.
S 19-1303. OUTDOOR WOOD-BURNING DEVICES REQUIREMENTS.
  1.  NO  PERSON  SHALL  CONSTRUCT,  INSTALL,  MODIFY, OPERATE OR USE AN
OUTDOOR WOOD-BURNING  DEVICE,  UNLESS  SUCH  DEVICE  COMPLIES  WITH  THE
FOLLOWING:
  (A)  OUTDOOR  WOOD-BURNING  DEVICES  SHALL NOT BE OPERATED BETWEEN MAY
FIRST AND SEPTEMBER THIRTIETH; PROVIDED, HOWEVER,  OUTDOOR  WOOD-BURNING
DEVICES  OPERATED  ON LAND USED IN AGRICULTURAL PRODUCTION OR FARM WOOD-
LAND SHALL BE EXEMPT FROM THIS SUBDIVISION;
  (B) AN OUTDOOR WOOD-BURNING DEVICE SHALL NOT BE INSTALLED OR  OPERATED
WITHIN  SEVEN  HUNDRED  FEET  FROM  THE OCCUPIED BUILDING OF A HOSPITAL,
SCHOOL, DAYCARE CENTER OR NURSING HOME OR FROM THE BOUNDARY OF A MUNICI-
PAL PARK OR RECREATIONAL FACILITY;
  (C) AN OUTDOOR WOOD-BURNING DEVICE SHALL NOT BE INSTALLED OR  OPERATED
WITHIN  TWO  HUNDRED  FEET  FROM  THE NEAREST RESIDENCE NOT SERVED BY AN
OUTDOOR WOOD-BURNING DEVICE;
  (D) ONLY NATURAL WOOD INCLUDING, BUT NOT LIMITED TO, WOOD THAT HAS NOT
BEEN PAINTED, STAINED, CHEMICALLY TREATED, LAMINATED  OR  GLUED  MAY  BE
BURNED IN AN OUTDOOR WOOD-BURNING DEVICE;
  (E)  THE  INSTALLATION  OF A CHIMNEY OF AN OUTDOOR WOOD-BURNING DEVICE
MUST BE IN ACCORDANCE WITH APPLICABLE BUILDING ORDINANCES;
  (F) THE INSTALLATION AND OPERATION OF AN OUTDOOR  WOOD-BURNING  DEVICE
MUST  BE  IN ACCORDANCE WITH THE MANUFACTURER'S WRITTEN INSTRUCTIONS AND
IN COMPLIANCE WITH LOCAL ORDINANCES;
  (G) DEALERS AND SELLERS OF OUTDOOR WOOD-BURNING DEVICES  ARE  REQUIRED
TO  PROVIDE  BUYERS A WRITTEN NOTICE STATING THAT ONLY NATURAL WOOD THAT
HAS NOT BEEN PAINTED, STAINED, CHEMICALLY TREATED,  LAMINATED  OR  GLUED

S. 839                              3

MAY  BE  BURNED  AND  HOUSEHOLD OR OTHER WASTE MUST NOT BE BURNED IN THE
DEVICE; AND
  (H)  DEVICES  THAT  COMPLY  WITH  THE STANDARDS FOR PARTICULATE MATTER
EMISSIONS PROMULGATED PURSUANT TO SECTION 19-1305 OF THIS TITLE SHALL BE
EXEMPT FROM THE SITING REQUIREMENTS SET FORTH IN PARAGRAPHS (A), (B) AND
(C) OF THIS SUBDIVISION.
  2. THE COMMISSIONER SHALL ESTABLISH AND PUBLISH, IN CONSULTATION  WITH
THE  COMMISSIONER OF HEALTH, EDUCATIONAL MATERIALS EXPLAINING THE HEALTH
AND ENVIRONMENTAL HAZARDS OF OUTDOOR WOOD-BURNING DEVICES.
  3. THE PROVISIONS SET FORTH IN SUBDIVISION ONE OF THIS  SECTION  SHALL
NOT  PREVENT  ANY  MUNICIPALITY  ENACTING  A LOCAL LAW OR ORDINANCE FROM
BANNING OR REGULATING  OUTDOOR  WOOD-BURNING  DEVICES  FOR  RESIDENTIAL,
COMMERCIAL  OR  INDUSTRIAL USE PROVIDED, HOWEVER, THAT SUCH LOCAL LAW OR
ORDINANCE IS NO LESS STRINGENT THAN THE PROVISIONS OF THIS TITLE.
S 19-1305. REGULATIONS.
  1. ON OR BEFORE JANUARY FIRST, TWO THOUSAND TEN, THE DEPARTMENT  SHALL
PROMULGATE  TEST  METHODS  FOR  THE MEASUREMENT OF PARTICULATE MATTER IN
ORDER TO DETERMINE COMPLIANCE WITH EMISSIONS STANDARDS. BY APRIL  FIRST,
TWO THOUSAND TEN, THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSION-
ER  OF  HEALTH,  SHALL  ALSO PROMULGATE STANDARDS FOR PARTICULATE MATTER
EMISSIONS NECESSARY TO ENSURE PROTECTION OF PUBLIC HEALTH AND THE  ENVI-
RONMENT.  THESE  STANDARDS  SHALL  BE NO LESS STRINGENT THAN THE FEDERAL
PARTICULATE MATTER STANDARD APPLICABLE TO INDOOR WOOD STOVES,  FOUND  AT
40  C.F.R.  S60.530  THROUGH  40 C.F.R. S60.539B, AS AMENDED. UNLESS THE
DEPARTMENT PROMULGATES SUCH STANDARDS BY APRIL FIRST, TWO THOUSAND  TEN,
THE  FEDERAL  WOODSTOVE  STANDARD IS HEREBY INCORPORATED INTO THIS TITLE
AND SHALL BE APPLICABLE TO ALL  OUTDOOR  WOOD-BURNING  DEVICES  SOLD  OR
OPERATED IN THE STATE.
  2.  NO  PERSON  SHALL SELL, INSTALL OR OPERATE AN OUTDOOR WOOD-BURNING
DEVICE ON OR AFTER JUNE FIRST, TWO THOUSAND ELEVEN  UNLESS  SUCH  DEVICE
MEETS  THE REQUIREMENTS OF THIS SECTION. PROVIDED, HOWEVER, THAT OUTDOOR
WOOD-BURNING DEVICES THAT ARE INSTALLED AND IN  USE  ON  OR  BEFORE  THE
EFFECTIVE  DATE OF THIS SECTION SHALL NOT BE SUBJECT TO THE REQUIREMENTS
OF THIS SECTION UNTIL JUNE FIRST, TWO THOUSAND TWELVE.
  S 3. The environmental conservation law is amended  by  adding  a  new
section 71-2114 to read as follows:
S 71-2114. VIOLATIONS OF TITLE 13 OF ARTICLE 19 OF THIS CHAPTER.
  1. ANY PERSON OPERATING AN OUTDOOR WOOD-BURNING DEVICE IN VIOLATION OF
SECTION  19-1303 OF THIS CHAPTER SHALL BE ISSUED A WARNING FOR THE FIRST
OFFENSE AND SHALL BE PROVIDED WITH EDUCATIONAL MATERIAL PRODUCED  PURSU-
ANT  TO SUBDIVISION TWO OF SECTION 19-1303 OF THIS CHAPTER AND BE WARNED
THAT FUTURE VIOLATIONS SHALL  RESULT  IN  CIVIL  PENALTIES.  ANY  PERSON
CONVICTED  OF A SECOND VIOLATION OF THE PROVISIONS OF SECTION 19-1303 OF
THIS CHAPTER SHALL BE PUNISHED BY A CIVIL PENALTY OF UP TO  SEVENTY-FIVE
DOLLARS.  ANY PERSON CONVICTED OF A THIRD OR SUBSEQUENT VIOLATION OF THE
PROVISIONS OF SECTION 19-1303 OF THIS CHAPTER SHALL  BE  PUNISHED  BY  A
CIVIL  PENALTY  OF  NOT  LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN TWO
HUNDRED FIFTY DOLLARS.
  2. ANY PERSON WHO SELLS AN  OUTDOOR  WOOD-BURNING  DEVICE  WITHIN  THE
STATE  IN  VIOLATION  OF TITLE 13 OF ARTICLE 19 OF THIS CHAPTER SHALL BE
SUBJECT TO A CIVIL PENALTY OF UP TO ONE  HUNDRED  DOLLARS.    SUBSEQUENT
OFFENSES  ARE  SUBJECT  TO  A CIVIL PENALTY OF NOT LESS THAN TWO HUNDRED
FIFTY DOLLARS.
  S 4. This act shall take effect immediately.

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Senate Bill S839

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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2009-S839 (ACTIVE) - Details

2009-S839 (ACTIVE) - Summary

2009-S839 (ACTIVE) - Sponsor Memo

2009-S839 (ACTIVE) - Bill Text download pdf

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Sponsored By

Carl L. Marcellino

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Actions

2009-S839 (ACTIVE) - Details

2009-S839 (ACTIVE) - Summary

2009-S839 (ACTIVE) - Sponsor Memo

2009-S839 (ACTIVE) - Bill Text download pdf

Comments