House of Representatives
Office of Program Research
Environment & Energy Committee
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.
Brief Description: Concerning the sale and installation of solid fuel burning devices.
Sponsors: Representatives Doglio, Fey, Peterson, Riccelli, Fitzgibbon, Appleton, Jinkins and Macri; by request of Department of Ecology.
Staff: Robert Hatfield (786-7117).
Washington's Clean Air Act regulates uses of wood stoves and fireplaces, both of which are captured under the term "solid fuel burning device." A solid fuel burning device is defined as any device for burning wood, coal, or any other nongaseous and nonliquid fuel, including woodstoves or fireplaces.
Since 1995 state law has restricted the sale of certain types of solid fuel burning devices that are not certified by the state or the Environmental Protection Agency as meeting fine particulate matter emissions criteria. In addition, the state building code does not allow the inclusion of uncertified woodstoves and fireplaces in new construction. The emissions criteria that are currently required of solid fuel burning devices are specific to different technologies. For example, a fine particulate matter emissions standard of 2.5 grams per hour applies to catalytic woodstoves, while a limit of 4.5 grams per hour applies to pellet stoves.
There is a fee of $30 on the sale of new woodstoves. Revenue from the fee is placed into the Woodstove Education and Enforcement Account (Woodstove Account). Funds in the Woodstove Account must be spent on the woodstove education program and for enforcement of the woodstove program, except during the 2003-2005 biennium, when the Legislature was authorized to transfer funds from the Woodstove Account to the Air Pollution Control Account.
Summary of Bill:
After January 1, 2021, no solid fuel burning device may be offered for sale in the state to residents of the state that does not meet a particulate air contaminant emission standard of 2.0 grams per hour for all solid fuel burning devices. The methodologies by which the emission standard may be calculated are the United States Environmental Protection Agency (EPA) test methodology in effect as of the effective date of the act, or any test methodology adopted by the Department of Ecology or the EPA subsequent to the effective date of the act.
No fireplace, except masonry fireplaces, may be offered for sale unless the fireplace meets the EPA standards for woodstoves in effect on the effective date of the act.
The Department of Ecology may adopt by rule a process to distribute money in the Woodstove Education and Enforcement Account for the purposes of woodstove education and enforcement.
A flat fee of $50 must be assessed on the retail sale of each solid fuel burning device. Beginning January 1, 2021, and each January 1 thereafter, the fee must be increased by the fiscal growth factor approved for the current fiscal year.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.