Bill > SB495

This bill, known as the Outdoor Solid-Fuel Heating Appliance Act, establishes statewide minimum standards for the installation, operation, and enforcement of outdoor wood and coal-burning appliances, often referred to as outdoor hydronic heaters or boilers, which are structures outside a home used to burn solid fuels for heat. The West Virginia Department of Environmental Protection (DEP) is granted authority to create rules for these appliances, defining terms like "clean wood" (unpainted, unstained, and untreated wood) and "occupied dwelling" (a home lived in for more than 60 days a year). The act aims to prevent public nuisances and protect air quality by setting specific setback distances from property lines and occupied dwellings, requiring minimum stack heights for smoke dispersion, and dictating approved fuels, prohibiting the burning of treated wood, plastics, or garbage. Existing appliances have a grace period for compliance, with specific requirements for stack height upgrades and a phase-out of older, less efficient models by 2030, while new installations require permits and adherence to stricter rules. Enforcement will be shared by the DEP and local agencies, with penalties ranging from warnings to fines and potential cessation orders for violations, and the DEP will report on its implementation to the Legislature.

Agriculture and Natural Resources

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=495&year=2026&sessiontype=RS&btype=bill