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Assemblyman
Marc W. Butler
Assembly District 118
 
State Should Defer to Localities on Wood Boilers
Legislative column by Assemblyman Marc W. Butler (R,C,I-Newport)
June 9, 2010

State agencies should confer with localities prior to imposing certain regulation changes that would inflict economic hardship on residents. This is especially true in regard to regulation changes proposed by the New York State Department of Environmental Conservation (DEC) limiting Outdoor Wood Boilers (OWB). The cost of heating and oil has made OWBs a popular alternative in rural areas and such a regulation would likely impose economic hardship on the families that rely on them as a source of heat.

These proposed regulation changes on OWBs will have an impact on the residents and the way our region does business for decades to come. I urge individuals interested in this particular subject matter to attend a public information session this Thursday, June 10, from 5-6 p.m., followed by a public hearing session from 6-8 p.m. at Herkimer County Community College, Robert McLaughlin College Center, 100 Reservoir Road in Herkimer.

According to the new regulations being considered, all existing OWBs must be equipped with a permanent stack extending a minimum of two feet above the peak of any roof structure located within 150 feet of the OWB and no less than 18 feet above ground level effective October 11, 2011. An existing OWB that began operation prior to September 1, 2005 must be replaced with a new OWB meeting the new requirements or it must be permanently removed from service within five years. Additionally, residents and small businesses may not operate an existing OWB between May 15 and August 31 of each year.

These proposed regulations are unrealistic, and do not take into account the local climate in the greater Mohawk Valley where temperatures can dip to near freezing in May or August. Most importantly, it fails to assess the financial costs associated with the proposed changes. It is clear that the bureaucrats who crafted the new regulations lack the geographic and demographic knowledge of the areas these rules impact. As such, we cannot continue to allow local sensibilities to be routinely dismissed by those who seek to govern us. It makes more sense to let local municipalities tailor these regulations to suit their own needs.

As always, if you have any questions or comments about our local economy or any state issues, please don’t hesitate to contact me at either my Johnstown office at (518) 762-6486, or my Herkimer office at (315) 866-1632.

 
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