Connecticut Seal

General Assembly

Amendment

 

January Session, 2013

LCO No. 8732

   
 

*SB0113408732SDO*

Offered by:

 

SEN. MEYER, 12th Dist.

SEN. CHAPIN, 30th Dist.

REP. GENTILE, 104th Dist.

REP. ALBIS, 99th Dist.

 

To: Subst. Senate Bill No. 1134

File No. 496

Cal. No. 366

"AN ACT CONCERNING OUTDOOR WOOD-BURNING FURNACES. "

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 Section 22a-174k of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) For purposes of this section: [,] (1) "Clean wood" means wood that does not contain a coating of any kind of paint or stain and that is not treated with any fire retardant, pesticide, preservative or any other chemical treatment. "Clean wood" includes any wood pellet that is authorized by law to be sold in the state; and (2) "outdoor wood-burning furnace" means an accessory structure or appliance, including, but not limited to, any outdoor wood-burning boiler and any hydronic heater 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] corn, 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 or any unit permitted pursuant to section 22a-174 or any regulation adopted pursuant to said section.

(b) [No] (1) On and after January 1, 2014, 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] such outdoor wood-burning furnace complies with the following:

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

(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] clean wood or corn; 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.

(2) For any owner or operator of an outdoor wood-burning furnace with a maximum heat output of more than three hundred fifty thousand British Thermal Units per hour who provides evidence to the Commissioner of Energy and Environmental Protection that reasonably demonstrates that such outdoor wood-burning furnace was installed prior to July 8, 2005, said commissioner shall not require compliance with the provisions of subparagraphs (A) and (B) of subdivision (1) of this section until on and after October 1, 2014. The commissioner may extend the compliance date of this subdivision for not more than five years beyond October 1, 2014, upon a showing of economic or other hardship by such owner or operator, provided no adjacent property owner will be adversely impacted by the continued operation of such outdoor wood-burning furnace.

(3) For any owner or operator of an outdoor wood-burning furnace with a maximum heat output of less than three hundred fifty thousand British Thermal Units per hour who provides evidence to the commissioner that reasonably demonstrates that such outdoor wood-burning furnace was installed on or before July 8, 2005, said commissioner shall not require compliance with the provisions of subparagraphs (A) and (B) of subdivision (1) of this subsection.

(4) On and after October 1, 2018, for any owner or operator of an outdoor wood-burning furnace that was installed on or before October 1, 1998, such owner or operator shall not own or use said outdoor wood-burning furnace unless, after October 1, 2018, such furnace: (A) Is, or is upgraded to become, a Phase 2 qualified model under the Hydronic Heater Program of the United States Environmental Protection Agency, or (B) has a maximum heat output of more than three hundred fifty thousand British Thermal Units per hour and such furnace (i) meets an emission standard of .32 pounds of particulate matter of 2.5 microns or less per million British Thermal Units of output, or (ii) meets an emission standard that is equivalent to or more stringent than that of a Phase 2 emission standard under the Hydronic Heater Program of the United States Environmental Protection Agency. The commissioner may extend the compliance date of this subdivision for not more than five years beyond October 1, 2018, upon a showing of economic or other hardship by such owner or operator, provided no adjacent property owner will be adversely impacted by the continued operation of such outdoor wood-burning furnace.

(5) On and after October 1, 2018, for any owner or operator of an outdoor wood-burning furnace that was installed on or after October 1, 1998, but prior to January 1, 2014, such owner or operator shall not own or use said outdoor wood-burning furnace unless twenty years after the installation of such furnace the furnace: (A) Is, or is upgraded to become, a Phase 2 qualified model under the Hydronic Heater Program of the United States Environmental Protection Agency, or (B) has a maximum heat output of more than three hundred fifty thousand British Thermal Units per hour and such furnace (i) meets an emission standard of .32 pounds of particulate matter of 2.5 microns or less per million British Thermal Units of output, or (ii) meets an emission standard that is equivalent to or more stringent than that of a Phase 2 emission standard under the Hydronic Heater Program of the United States Environmental Protection Agency. The commissioner may extend the compliance date of this subdivision for not more than five years beyond October 1, 2018, upon a showing of economic or other hardship by such owner or operator, provided no adjacent property owner will be adversely impacted by the continued operation of such outdoor wood-burning furnace.

(6) In the event the commissioner or the Connecticut Clean Energy Finance and Investment Authority establishes a rebate or incentive program for the purchase of outdoor wood-burning furnaces, no owner or operator of an outdoor wood-burning furnace shall be eligible for such program rebate or incentive unless such outdoor wood-burning furnace was installed prior to January 1, 2014, and such owner or operator performs any requisite upgrade or replacement on or before October 1, 2018.

[(c) 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. ]

(c) On and after January 1, 2014, no person shall install, give, sell or offer for sale or for use or delivery in this state any outdoor wood-burning furnace unless such furnace: (1) Is a Phase 2 qualified model under the Hydronic Heater Program of the United States Environmental Protection Agency, or (2) has a maximum heat output of greater than three hundred fifty thousand British Thermal Units per hour and such furnace (A) meets an emission standard of .32 pounds of particulate matter of 2.5 microns or less per million British Thermal Units of output, or (B) meets an emission standard that is equivalent to or more stringent than that of a Phase 2 emission standard under the Hydronic Heater Program of the United States Environmental Protection Agency.

(d) The commissioner or a duly authorized municipal official may order the owner or operator of any outdoor wood-burning furnace to remove, render permanently inoperable or discontinue the use of any furnace that does not comply with the requirements of subsection (b), (c) or (d) of this section.

[(d)] (e) 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. "

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

Section 1

October 1, 2013

22a-174k