Connecticut Seal

General Assembly

Amendment

 

February Session, 2012

LCO No. 4924

   
 

*SB0008404924SDO*

Offered by:

 

SEN. MEYER, 12th Dist.

 

To: Subst. Senate Bill No. 84

File No. 196

Cal. No. 179

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1. Section 22a-174k of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(a) For purposes of this section, "outdoor wood-burning furnace" means an accessory structure or appliance designed to be located outside living space ordinarily used for human habitation and designed to transfer or provide heat, via liquid or other means, through the burning of wood or solid waste, for heating spaces other than where such structure or appliance is located, any other structure or appliance on the premises, or for heating domestic, swimming pool, hot tub or jacuzzi water. "Outdoor wood-burning furnace" does not include a fire pit, wood-fired barbecue or chiminea.

(b) No person shall [, from July 8, 2005, to the effective date of regulations promulgated by the United States Environmental Protection Agency to regulate outdoor wood-burning furnaces,] construct, install, establish, modify, operate or use an outdoor wood-burning furnace, unless (1) the outdoor wood-burning furnace was [constructed, installed, established, modified,] operated or in use prior to July 8, 2005, or (2) the outdoor wood-burning furnace complies with the following:

(A) Installation of the outdoor wood-burning furnace is not less than two hundred feet from the nearest residence not serviced by the outdoor wood-burning furnace; and

(B) Installation of the chimney of the outdoor wood-burning furnace is at a height that is more than the height of the roof peaks of the residences that are located within five hundred feet of the outdoor wood-burning furnace, which residences are not serviced by the outdoor wood-burning furnace, provided the chimney height is not more than fifty-five feet. [; ]

[(C) No other materials are burned in the outdoor wood-burning furnace other than wood that has not been chemically treated; and

(D) Installation and operation of the outdoor wood-burning furnace is in accordance with the manufacturer's written instructions, provided such instructions do not conflict with the provisions of this section. ]

(c) On and after October 1, 2012, no person shall construct, install or modify an outdoor wood-burning furnace unless such outdoor wood-burning furnace meets the minimum United States Environmental Protection Agency's voluntary Phase 2 emission standard or a comparable standard for hydronic heaters.

(d) No person shall burn any material in an outdoor wood-burning furnace other than wood pellets or wood that has not been chemically treated.

(e) Installation and operation of an outdoor wood-burning furnace shall be in accordance with the manufacturer's written instructions, provided such instructions do not conflict with the provisions of this section.

(f) Nothing in this section shall prohibit the replacement or modification of any outdoor wood-burning furnace installed in accordance with the provisions of subsection (b) of this section, which results in a net reduction of particulate matter emissions.

(g) If a property owner affected by the use or operation of an outdoor wood-burning furnace files a written complaint with the Commissioner of Energy and Environmental Protection or the local health director and said commissioner or local health director determines that the use or operation of such outdoor wood-burning furnace violates chapter 446c or section 19-13-B2 of the Public Health Code, the owner or operator of such outdoor wood-burning furnace shall not operate or use the furnace between May first and September thirtieth, inclusive, of that year.

[(c)] (h) The provisions of this section shall be enforced by the Commissioner of Energy and Environmental Protection and may be enforced by the municipality affected by the operation or potential operation of an outdoor wood-burning furnace.

[(d)] (i) Any person who operates an outdoor wood-burning furnace in violation of this section shall be deemed to have committed an infraction and shall be fined not more than ninety dollars. Each day of operation of such outdoor wood-burning furnace in violation of this section shall be a separate violation.

(j) The Secretary of the Office of Policy and Management, or the secretary's designees, shall convene a working group that consists of the Commissioners of Energy and Environmental Protection, Agriculture and Public Health to evaluate modifications to existing statutes and regulations and the development of economic incentives to: (1) Replace existing outdoor wood-burning furnaces with cleaner technologies, (2) evaluate state and municipal resource state needs for the timely enforcement of standards for outdoor wood-burning furnaces, (3) evaluate the need for an operational ban on outdoor wood-burning furnaces on high ozone days, and (4) evaluate methods of reducing particulate matter emissions. Such working group shall solicit testimony from any impacted organization on the number of installations and volume of outdoor wood-burning furnace sales in the state."

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2012

22a-174k