BILL ANALYSIS
SB 1194
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: SB 1194
AUTHOR: Hollingsworth
AMENDED: As introduced
FISCAL: No HEARING DATE: April 19, 2010
URGENCY: No CONSULTANT: Randy Pestor
SUBJECT : RESIDENTIAL WOOD BURNING REGULATIONS
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. (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. (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. (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
adoption. No later than July 31, 2005, the ARB must adopt
SB 1194
Page 2
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. (39614).
This bill :
1) Prohibits an APCD or AQMD from adopting or implementing a
rule or regulation prohibiting installation of a wood
burning fireplace, heater, or stove in a new or existing
residential structure.
2) Provides that the above prohibition does not limit the
authority of an APCD or AQMD to regulate the operation or
use of a wood burning fireplace, heater, or stove in a new
or existing residential structure, such as requiring no
wood burning on certain days of the year.
COMMENTS :
1) Purpose of Bill . According to the author, "While a number
of California cities and counties have enacted local
ordinances that limit burning on specified days, some have
proposed regulations that are far more restrictive, either
seeking to ban the installation of fireplaces altogether or
permitting installation of only U.S. EPA certified
wood-fired appliances in new construction."
The author further notes that "According to the US Fire
Administration, more than one-third of Americans use
fireplaces, wood stoves and other fuel-fired appliances as
primary heat sources in their homes. With the unemployment
rate of 12.4% in California, families are struggling with
the many effects of a weak economy and are looking for
energy alternatives to cut costs in their homes; thus, the
use of fireplaces and wood burning stoves provide an
efficient means to cut expenses associated with energy
consumption. The EPA has determined as well that if wood
stoves and fireplaces are properly installed and if wood is
properly seasoned, a fire can be virtually smoke-free,
thereby eliminating both indoor and outdoor pollutants."
In response to the author's concerns, SB 1194 prohibits APCDs
and AQMDs from regulating the installation of a wood
SB 1194
Page 3
burning fireplace, heater, or stove in a new or existing
residential structure, while not limiting the authority to
regulate their operation or use, including burning of wood
on certain days of the year.
2) ARB required to adopt control measures for woodstoves and
fireplaces . 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
Association, "Particulate matter pollution poses
significant health risks to the public. In order to
control particulate matter, a number of air districts
throughout the state have regulations designed to reduce
wood-smoke pollution. These regulations have proven to be
some of the most effective methods of controlling fine
particulate matter. Loss of this authority would
significantly impact public health, and would lead to
additional costly regulation of industries that are already
controlling their emissions. Additionally, some regions of
the state are required to implement residential wood
burning regulations by the Federal Clean Air Act, and
passage of this bill would likely lead to federal sanctions
including the loss of federal highway funds."
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.
SB 1194
Page 4
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."
4) Support and opposition concerns . According to Duraflame,
Inc., in supporting SB 1194, "Removing the restriction on
the installation of wood burning fireplaces in new homes in
California should not be seen as a step backwards on the
path to improve California air quality. Rather this
regulatory change can be a technology driving force that
will provide manufacturers the market incentive to continue
to improve technology and the affordability of new
technology clean burning solid fuel fireplaces, assuring
that new installations have a very low emission impact."
According to the California Air Pollution Control Officers
Association, in opposing SB 1194, "Loss of this authority
would significantly impact public health, and would lead to
additional costly regulation of industries that are already
controlling their emissions. Additionally, some regions of
the state are required to implement residential
wood-burning regulations by the Federal Clean Air Act, and
passage of this bill would likely lead to federal sanctions
SB 1194
Page 5
including the loss of federal highway funds."
5) 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), approved by the Committee May 4, 2009, and
vetoed by Governor Schwarzenegger, 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.
SB 1194
Page 6
SB 554 (Hollingsworth) heard by the Committee May 4, 2009, but
held in Committee without a vote at the request of the
author, prohibited an APCD or AQMD from adopting or
implementing any rule or regulation prohibiting
installation or operation of any wood burning fireplace,
heater, or stove in any new or existing residential
structure.
SOURCE : Senator Hollingsworth
SUPPORT : Duraflame; Hearth, Patio & Barbecue Association
OPPOSITION : Bay Area Air Quality Management District,
Breathe California, California Air Pollution
Control Officers Association, California
Council for Environmental and Economic Balance,
San Joaquin Valley Air Pollution Control
District, Union of Concerned Scientists