CHAPTER 60
HB 336 - FINAL VERSION
8Mar2017... 0410h
2017 SESSION
17-0657
08/10
HOUSE BILL 336
AN ACT relative to standards for outdoor wood-fired hydronic heaters.
SPONSORS: Rep. McNamara, Hills. 38
COMMITTEE: Science, Technology and Energy
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This bill defines certified outdoor wood-fired hydronic heaters and regulates their installation and operation.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
8Mar2017... 0410h 17-0657
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
AN ACT relative to standards for outdoor wood-fired hydronic heaters.
Be it Enacted by the Senate and House of Representatives in General Court convened:
60:1 Definitions; Outdoor Wood-Fired Hydronic Heaters. Amend RSA 125-R:1 to read as follows:
125-R:1 Definitions. In this chapter:
I. "Certified outdoor wood-fired hydronic heater" or "certified OWHH" means a residential OWHH certified by the United States Environmental Protection Agency to meet the emissions standards codified in 40 C.F.R. part 60, subpart QQQQ and labeled accordingly, or a commercial high-efficiency, low-emission OWHH qualified by the New York State Energy Research and Development Authority.
[I.] II. "Clean wood'' means wood that has not been painted, stained, coated, preserved, or treated with chemicals such as copper chromium arsenate, creosote, or pentachlorophenol. The term does not include construction and demolition debris as defined in RSA 149-M:4, IV-a.
[II.] III. "Commissioner'' means the commissioner of the department of environmental services.
[III.] IV. "EPA'' means the United States Environmental Protection Agency.
[IV.] V. "Municipality'' means cities, towns, and counties in which there are located unincorporated towns or organized places. Municipality shall not mean village districts.
[V.] VI. "Outdoor wood-fired hydronic heater'' (OWHH) or "outdoor wood boiler'' means a fuel burning device:
(a) Designed to burn wood or other solid fuels;
(b) That the manufacturer [specifies for outdoor installation] requires to be installed outdoors or in structures not normally occupied by humans, including structures such as garages and sheds; and
(c) Which heats building space and water through the distribution, typically through pipes, of a fluid heated in the device, typically water or a mixture of water and antifreeze.
[VI.] VII. "Person'' means any individual, partnership, firm or copartnership, association, company, trust, corporation, department, bureau, agency, private or municipal corporation, or any political subdivision of the state, the United States or political subdivisions or agencies thereof, or any other entity recognized by law as subject to rights and duties.
[VII.] VIII. "Phase I OWHH'' means an OWHH that has been [certified or] qualified by the EPA as meeting a particulate matter emission limit of 0.6 pounds per million British Thermal Units input and is labeled accordingly.
[VIII.] IX. "Phase II OWHH'' means an OWHH that has been [certified or] qualified by the EPA as meeting a particulate matter emission limit of 0.32 pounds per million British Thermal Units output and is labeled accordingly.
60:2 Unit Requirements. Amend RSA 125-R:2 to read as follows:
125-R:2 Unit Requirements.
[I. Effective January 1, 2009,] No person shall buy, sell, offer for sale, [or] distribute for sale, or install an OWHH that is not a [Phase I or Phase II OWHH] certified OWHH. All OWHHs that were in operation as of the effective date of this section may continue to operate in compliance with the requirements of RSA 125-R:3, so long as they are not reinstalled at a new location.
[II. Effective April 1, 2010, no person shall sell, offer for sale, or distribute for sale an OWHH that is not a Phase II OWHH. The commissioner shall delay or indefinitely postpone the effective date of this paragraph through rule adoption under RSA 541-A if the EPA does not establish or is delayed later than April 1, 2009 in establishing a certification or qualification process for Phase II OWHHs as determined by the commissioner.]
60:3 Setback and Stack Height Requirements. Amend RSA 125-R:3 to read as follows:
125-R:3 Setback and Stack Height Requirements.
I. No person shall install or operate a Phase I OWHH unless it is installed at least 100 feet from the nearest property line and has a permanent attached stack that is at least 2 feet higher than the peak of the roof of a residence or place of business not served by the OWHH if that residence or place of business is located within 300 feet of the OWHH.
II. No person shall install or operate a Phase II OWHH or a certified OWHH unless it is at least 50 feet from the nearest property line.
III. No person shall install or operate an OWHH that is not a certified OWHH, a Phase I OWHH, or a Phase II OWHH unless it is located at least 200 feet from the nearest abutting residence and has a permanent attached stack that is at least 2 feet higher than the peak of the roof of a residence or place of business not served by the OWHH if that residence or place of business is located within 300 feet of the OWHH.
IV. This section shall not apply to any OWHH installed prior to August 10, 2008, so long as it is not reinstalled at a new location.
60:4 Exemption. Amend RSA 125-R:5 to read as follows:
125-R:5 Exemption.
I. An OWHH that is specifically designed to burn wood pellet fuel with metered fuel and air feed and controlled combustion engineering, which is operated according to manufacturers' specifications and burns only wood pellet fuel shall be exempt from this chapter.
II. An OWHH whose design gross heat input equals or exceeds 2 million BTU/HR shall be exempt from this chapter and shall be subject to permitting requirements under RSA 125-C:11.
60:5 Notice to Buyers. Amend the introductory paragraph of RSA 125-R:8, I to read as follows:
I. Prior to the execution of a sale for [a new or used] an OWHH, the distributor/seller shall provide the prospective buyer with a copy of this chapter and a written notice which includes:
60:6 Effective Date. This act shall take effect July 1, 2017.
Approved: June 02, 2017
Effective Date: July 01, 2017
| Date | Body | Type |
|---|---|---|
| Jan. 19, 2017 | House | Hearing |
| Feb. 14, 2017 | House | Exec Session |
| March 8, 2017 | House | Floor Vote |
| April 11, 2017 | Senate | Hearing |
| April 20, 2017 | Senate | Floor Vote |
June 2, 2017: Signed by Governor Sununu 06/02/2017; Chapter 60; Eff. 7/1/2017
April 20, 2017: Enrolled 04/20/2017 HJ 14 P. 26
April 27, 2017: Enrolled (In recess 04/27/2017); SJ 16
April 20, 2017: Ought to Pass: MA, VV; OT3rdg; 04/20/2017; SJ 14
April 20, 2017: Committee Report: Ought to Pass, 04/20/2017; Vote 5-0; CC; SC 19
April 11, 2017: Hearing: 04/11/2017, Room 103, SH, 09:45 am; SC 18
March 9, 2017: Introduced 03/09/2017 and Referred to Energy and Natural Resources; SJ 9
March 8, 2017: Ought to Pass with Amendment 0410h: MA VV 03/08/2017 HJ 9 P. 45
March 8, 2017: Amendment # 2017-0410h: AA VV 03/08/2017 HJ 9 P. 45
March 8, 2017: Committee Report: Ought to Pass with Amendment # 2017-0410h for 03/08/2017 (Vote 21-0; CC)
Feb. 14, 2017: Executive Session: 02/14/2017 01:30 PM LOB 304
Feb. 14, 2017: Full Committee Work Session: 02/14/2017 10:15 AM LOB 304
Feb. 8, 2017: ==CANCELLED== Executive Session: 02/08/2017 02:00 PM LOB 304
Feb. 8, 2017: Subcommittee Work Session: 02/08/2017 09:30 AM LOB 304
Jan. 19, 2017: Public Hearing: 01/19/2017 01:00 PM LOB 304
Jan. 5, 2017: Introduced 01/05/2017 and referred to Science, Technology and Energy HJ 3 P. 9