BILL ANALYSIS
SB 554
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: SB 554
AUTHOR: Hollingsworth
AMENDED: As Introduced
FISCAL: No HEARING DATE: May 4, 2009
URGENCY: No CONSULTANT: Randy Pestor
SUBJECT : RESIDENTIAL WOOD BURNING
SUMMARY :
Existing law :
1) Provides the California Air Resources Board (ARB) with
primary responsibility for control of mobile source air
pollution, including adoption of rules for reducing vehicle
emissions and the specification of vehicular fuel
composition. (Health and Safety Code 39000 et seq. and
39500 et seq.). The ARB must coordinate efforts to attain
and maintain ambient air quality standards. (Health and
Safety Code 39003).
2) Provides that air pollution control districts (APCDs) and
air quality management districts (AQMDs) have primary
responsibility for controlling air pollution from all
sources, other than emissions from mobile sources. (Health
and Safety Code 40000 et seq.).
3) Requires the ARB to develop and conduct a program of
monitoring airborne particles smaller than 2.5 microns in
diameter (PM 2.5) that must be designed to meet certain
requirements. (Health and Safety Code 39619.5).
4) Requires ARB (in consultation with APCDs and AQMDs), on or
before January 1, 2005, to develop and adopt a list of the
most readily available, feasible, and cost-effective
proposed control measures that could be employed to reduce
PM 2.5 and PM 10. The ARB must specify in the list whether
a proposed control measure is intended to reduce PM 2.5 and
PM 10, and whether it is a proposed control measure for
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adoption. No later than July 31, 2005, the ARB must adopt
an implementation schedule for state measures, and each air
district must adopt an implementation schedule for the most
cost-effective local measures, from the list. (Health and
Safety Code 39614).
This bill prohibits an APCD or AQMD from adopting or
implementing any rule or regulation restricting or prohibiting
the installation or operation of any wood-burning fireplace,
wood-burning heater, or wood-burning stove in any new or
existing residential structure.
COMMENTS :
1) Purpose of Bill . According to the author, "Some California
cities and counties have enacted local ordinances to limit
burning. Mammoth Lakes, Squaw Valley, Cloverdale,
Healdsburg, Petaluma, Fresno, and many cities and counties
in the Bay Area, for instance, permit installation of only
U.S. EPA certified wood-fired appliances in all new
construction."
The author asserts that "In a time when unemployment is rising
and families are struggling to make ends meet, people are
looking for energy alternatives to cut costs in their
homes. Using a wood burning stove or fireplace in many
cases will help them cut cost associated with their energy
bill."
2) ARB required to adopt control measures for woodstoves . As
noted above, ARB (in consultation with APCDs and AQMDs)
must develop and adopt a list of the most readily
available, feasible, and cost-effective proposed control
measures that could be employed to reduce PM 2.5 and PM 10.
The list must include control measures for certain
emission source categories, including stationary combustion
sources, woodstoves and fireplaces, commercial grilling
operations, agricultural burning, construction and grading
operations, and diesel-powered engines used in stationary
and mobile applications.
According to the California Air Pollution Control Officers
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Association (CAPCOA), Bay Area AQMD, Sacramento AQMD, San
Joaquin Unified APCD, and South Coast AQMD have mandatory
wood burning device curtailment programs when air quality
is poor. These districts, along with Placer APCD, San Luis
Obispo APCD, and Yolo-Solano AQMD have requirements
regarding installation of the wood burning devices. Some
local jurisdictions also prohibit certain wood burning
devices.
3) Threat of wood smoke to public health . The ARB recently
heard results of several studies showing that smoke from
wood fires aggravates lung and heart disease. According to
ARB Release 09-06:
"ARB research staff reviewed four recent national
toxicological studies in presenting today's findings to the
Board. The findings support fireplace ordinances that many
local air districts throughout California are implementing.
The research found that wood smoke can cause a 10 percent
increase of hospital admissions for respiratory problems
among children. ARB estimates that between 20 to 80
percent of ambient wintertime particulate matter is due to
wood smoke. Studies have found up to 70 percent of smoke
from chimneys can re-enter a home or neighboring
residences.
Wood smoke consists of several pollutants, including carbon
monoxide, nitrogen dioxide, particulate matter and other
irritating and toxic components. California's wood smoke
problem and its pollution problem in general, are
compounded by the state's geography and weather. The many
valleys and calm air cause the pollutants to remain at
ground level rather than be swept away.
In several areas throughout California, air quality officials
are restricting residential wood burning on days when
particulate matter pollution is expected to be high. These
and other strategies are substantially reducing wintertime
peak particulate matter levels and therefore should reduce
the risk of cardiovascular hospitalizations and premature
deaths."
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4) Related PM 2.5 and PM 10 legislation . AB 968 (Knox)
Chapter 518, Statutes of 1997, established a program to
monitor airborne fine particles smaller than 2.5 microns in
diameter (PM 2.5). AB 2701 (Runner) Chapter 644, Statutes
of 2004, required the ARB to place, and annually update,
the status and results of the monitoring program on the ARB
website.
SB 656 (Sher) Chapter 738, Statutes of 2003, provided for the
ARB to develop and adopt a list of the most readily
available, feasible, and cost-effective proposed control
measures to reduce PM 2.5 and PM 10, and for ARB and air
districts to adopt an implementation schedule for measures
on the list.
AB 841 (Arambula) Chapter 404, Statutes of 2007, required the
San Joaquin Valley Unified Air Pollution Control District
(SJVUAPCD) to install one or more monitors for monitoring
airborne fine particles smaller than PM 2.5 in primarily
low-income and underserved areas in the western region of
the Fresno County.
AJR 40 (DeLeon) Resolution Chapter 90 of 2008, memorializes
the U.S. President to urge immediate steps to rectify
exposure to PM 2.5 in the South Coast Air Basin, including:
a) stringent regulations by U.S. EPA for mobile source
emissions sufficient to ensure compliance with air quality
standards required by federal law, and b) appropriation of
federal funds for projects resulting in an immediate
reduction in PM 2.5 concentrations in the South Coast Air
Basin sufficient to ensure compliance with air quality
standards required by federal law and to implement measures
to protect the health and safety of residents in areas of
high PM 2.5 concentrations.
SB 382 (Florez), to be heard by this Committee May 4, 2009,
prohibits issuance of a permit to burn agricultural waste
within the jurisdiction of the SJVUAPCD when the operation
of a wood burning fireplace, wood burning heater, or
outdoor wood burning device is prohibited.
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5) Support and opposition concerns . According to the National
Chimney Sweep Guild in supporting SB 554, "NCSG is
committed to the preservation of the wood-burning hearth in
California and across the [country]. In recent years,
Californian's have been made to feel as though the
comforting security of wood-burning, a simple freedom
enjoyed by generations, has and is, being slowly taken
away. The fondest of memories recalled by families in our
great state, revolve around the hearth. Through good times
and bad, Californians deserve the freedom of choice to
enjoy these icons of warmth and comfort, both physically
and emotionally."
In opposing SB 554, the Bay Area and Sacramento AQMDs indicate
that rules and regulations have been adopted "because of
the dangerous public health impacts woodsmoke poses,
particularly in winter." The AQMDs note that between 80%
to over 90% of woodsmoke consists of very fine particles
less than 2.5 microns in size, and "These fine particles
easily bypass the natural filters in the nose and throat,
and penetrate deep into human lungs. Multiple studies have
repeatedly shown a host of severe public health problems
attributable to these fine particles, including lung
damage, aggravated asthma, chronic bronchitis, heart
disease, and premature death."
SOURCE : Senator Hollingsworth
SUPPORT : Home & Hearth, Inc., London Fireplace Shoppe,
Marks Masonry, National Chimney Sweep Guild,
Travis Industries Inc., Warm Solutions, Inc., 7
individuals
OPPOSITION : Bay Area Air Quality Management District,
California Air Pollution Control Officers
Association, Sacramento Air Quality Management
District