NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9743
SPONSOR: Smullen TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
excluding the burning of wood for recreation, building heating and cook-
ing from certain greenhouse gas emissions reduction requirements
PURPOSE OR GENERAL IDEA OF BILL:
To enact the "Rural Energy Freedom Act" to exclude the burning of wood
for the means of heating buildings, cooking or otherwise preparing food
and indoor and outdoor recreation from any prohibitions or restrictions
enacted as a result of the New York State Climate Leadership and Commu-
nity Protection Act (CLCPA).
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Establishes the bill's title.
Section 2: Amends section 75-0109 of the Environmental Conservation Law
to exclude the burning of wood for the means of heating buildings, cook-
ing or otherwise preparing food and indoor and outdoor recreation from
any prohibitions or restrictions enacted as a result of the New York
State CLCPA.
Section 3: Sets the effective date of the bill.
JUSTIFICATION:
The New York State CLCPA could potentially lead to the adoption of regu-
lations and guidance that would prohibit those living in rural areas
from being able to heat their homes or businesses, engage in doing basic
tasks like cooking or preparing food, or participating in outdoor recre-
ational activities by using wood as a fuel source. Using wood for fuel
poses a minimal environmental impact and, as a renewable resource, wood
can be used as a sustainable fuel source. With New York State's often
unpredictable weather patterns, those in the rural regions of our state
often depend on the natural resource of wood for fuel, as it can become
a life-saving measure when frigid temperatures occur or power lines
become obstructed for homes and businesses alike.
With its vast acreage of land and beautiful natural resources, New York
State has had a rich tradition of camping, hiking, fishing and numerous
other forms of outdoor recreation that involve the burning of wood. The
economies of the rural regions of our state depend on the tourism that
comes from these enriching outdoor activities, which includes the burn-
ing of wood. For New Yorkers, especially in our rural and remote
regions, to be able to heat their homes, businesses and engage in
outdoor activities, an exception to the CLCPA must be made to allow for
the burning of wood.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9743
IN ASSEMBLY
April 3, 2024
___________
Introduced by M. of A. SMULLEN -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
excluding the burning of wood for recreation, building heating and
cooking from certain greenhouse gas emissions reduction requirements
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "Rural
2 Energy Freedom Act".
3 § 2. Section 75-0109 of the environmental conservation law is amended
4 by adding a new subdivision 5 to read as follows:
5 5. Notwithstanding any law, rule or regulation to the contrary, the
6 burning of wood for the means of indoor and outdoor recreation, heating
7 buildings and cooking or otherwise preparing food shall be excluded from
8 any prohibitions or restrictions enacted as a result of compliance with
9 the mandates of chapter one hundred six of the laws of two thousand
10 nineteen, inclusive of any recommendations of any of such chapter's
11 derivative bodies.
12 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14999-01-4
