Sponsorship

A.2612 - GLICK, RIVERA P, MCDONOUGH, MILLMAN, BING, PAULIN, MAYERSOHN, GREENE, ROSENTHAL, WEISENBERG, ENGLEBRIGHT, KAVANAGH, COLTON, BROOK-KRASNY, YOUNG, cook, dinowitz, galef, kellner, maisel, mceneny, pheffer, rivera j, sweeney, titus

Memorandum in Support

BILL NUMBER:A2612A

TITLE OF BILL: An act to amend the environmental conservation law, in relation to the prohibition on canned shoots

PURPOSE OR GENERAL IDEA OF BILL: To prohibit the killing, shooting, maiming or injuring of certain intentionally confined animals for sport, amusement or taking of a trophy.

SUMMARY OF SPECIFIC PROVISIONS: Paragraph a of subdivision 1 of section 11-1904 of the environmental conservation law, as added by chapter 208 of the laws of 1999 is amended. This bill would expand the existing prohibition on confined shoots on fenced preserves of 10 acres or less. The bill would remove the existing acreage requirement and prohibit the deliberate release of an animal confined in a fenced or other area from which there is no reasonable means for such animal to escape in the presence of a hunter. There has been language added that would prohibit any person who pays any fee to take a live non-native big game animal. Fee is defined in the bill to include but not limited to the payment of any compensation or remuneration for room, board, meals, lodging or any other goods or services on the premises.

JUSTIFICATION: Canned hunting is a practice whereby an animal is staked, caged or otherwise confined for the purpose of being killed for pleas- ure. From automatic firearms to spears, almost any type of weapon can be used to kill prey in a canned hunt. To assure a kill, the animals are trapped by fences so they can be easily cornered and prevented from escaping. Canned hunting brutalizes defenseless animals raised in captivity whose trust in humans makes them hapless victims of this prac- tice.

Federal and state laws currently offer protections for endangered, threatened and many indigenous animals. But a lack of specific prohibi- tions allows a wide range of animals, including certain species of bear, llama, zebra and ram to be killed in this manner.

In addition to prohibiting canned hunts, the bill would also serve to restrict the supply of animals from zoos and game farms to canned hunt- ing facilities. As recently as the fall of 2006, the closing of the Catskill Game Farm and the selling off of the animals raised concerns by groups that advocate for the humane treatment of animals that the herd animals like gazelles and the trophy animals like rhinoceros would be bought by a canned hunting farm. Since this bill would prohibit canned hunts in New York State, there would be fewer opportunities to sell these animals for canned hunts.

The recent outbreak of Chronic Wasting Disease (CWD), which is similar to "mad cow" disease, in New York State has been linked to captive deer farms. By outlawing canned shoots NYS can take a preventive step against the spread of CWD. By prohibiting canned hunting this bill recognizes that New York State should draw a line between sport and the cruel savagery of a canned hunt.

PRIOR LEGISLATIVE HISTORY: A. 9267 (2006) referred to Environmental Conservation Committee Similar to A.10188 (2004): Passed Assembly A.4609-a (2003): Passed Assembly, Passed Senate. Gov. Veto Message 134 Similar to A.1728 (2001-02). A. 1228-A (1997-98).

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

Sponsorship

A.1982 - LUPARDO, LAFAYETTE, BENEDETTO, GALEF, lifton, mayersohn, sweeney / S.3833 - MARCELLINO, MORAHAN.

Memorandum in Support

BILL NUMBER: A1982

TITLE OF BILL : An act to amend the environmental conservation law, in relation to regulating outdoor wood-burning devices in New York state

PURPOSE : To require the Commissioner of the Department of Environmental Conservation, in consultation with the Commissioner of the Department of Health, to set standards for outdoor woodburning devices in order to protect the public`s health and the environment from harmful air emissions.

SUMMARY OF PROVISIONS : Amends the Environmental Conservation Law by adding a new section 19-0306-b in order to regulate outdoor wood-burning devices. For the purpose of this section, the term "outdoor wood-burning device" is a device located outside the primary residential or commercial dwelling it serves, which is designed to transfer heat, via liquid, through the burning of wood to heat indoor spaces, swimming pools, hot tubs or other hot water uses. Outdoor wood-burning devices do not include fire pits or wood-fired barbecues. Only natural wood can be burned in these devices. Natural wood means trees, including logs, boles, trunks, branches, limbs and stumps.

No person shall construct, install, modify, operate or use an outdoor wood-burning device, unless such device complies with the following:

(1) Outdoor wood-burning devices shall only be operated between September 15 through May 15;

(2) An outdoor wood-burning device shall not be operated within seven hundred feet from the occupied building of a hospital, school, daycare center or nursing home or from the boundary of a municipal park or recreational facility;

(3) An outdoor wood-burning device shall not be installed or operated within two hundred feet from the nearest residence not served by an outdoor wood-burning device;

(4) Only natural wood including, but not limited to, wood that has not been painted, stained, chemically treated, laminated or glued may be burned in an outdoor wood-burning device;

(5) The installation of a chimney of an outdoor wood-burning device must be in accordance with applicable building ordinances and codes;

(6) The installation and operation of an outdoor wood-burning device must be in accordance with the manufacturer`s written instructions and in compliance with local ordinances;

(7) Dealers and sellers of outdoor wood-burning devices are required to provide buyers with a written notice stating that only natural wood that has not been painted, stained, chemically treated, laminated or glued may be burned and household or other waste must not be burned in the device; and

(8) Devices that comply with the regulations promulgated pursuant to section 19-1109 of this title shall be exempt from the siting requirements set forth in subdivisions two and three of this section.

(9) The provisions set forth in subdivisions one through eight of this section shall not prevent any municipality from banning or regulating outdoor wood-burning devices for residential, commercial or industrial use.

On or before January 1, 2007, the Commissioner of Environmental Conservation shall promulgate testing methods for the measurement of particular matter in order to determine compliance with emission standards. By April 1, 2007, the Department, in consultation with the Commissioner of Health, shall also promulgate emissions standards for particulate matter necessary to ensure the protection of public health and the environment. If the Department does not promulgate standards for outdoor woodburning devices by April 1, 2007 then the federal wood stove standard would take effect until the Department develops alternative emission standards that are no less stringent than the federal particular matter emission standard for indoor wood stoves.

Any person who sells or operates an outdoor wood-burning device in violation of this section is subject to a penalty of not more than one hundred dollars per day. Subsequent offenses are subject to a penalty of up to two hundred fifty dollars per day. The Commissioner of Environmental Conservation shall enforce these provisions. By June 1, 2008, no outdoor wood-burning devices shall be sold, installed or operated unless they meet emission standards promulgated by the Department. However, outdoor woodburning devices installed and in use on or before the effective date of this act shall not be subject to such air emission standards until June 1, 2009. All provisions of this act will take effect immediately.

JUSTIFICATION : Unlike woodstoves, outdoor wood-burning devices are currently unregulated by New York State or the United States Environmental Protection Agency. Due to their design, outdoor wood-burning devices produce excessive smoke, which may have serious environmental and health impacts for surrounding neighbors. Smoke from an outdoor wood-burning device often contains unhealthy amounts of particulate matter, dioxins, carbon monoxide, nitrogen dioxide, sulfur dioxide, hydrochloric acid, formaldehyde and other toxic air pollutants. Exposure to smoke from an outdoor wood-burning device can cause adverse respiratory and cardiovascular symptoms, asthmatic sensitivity, lung illnesses and cancer. Studies show that children, the elderly and individuals with pre-existing cardio-respiratory diseases or diabetes are at greater risk than the general population of developing these symptoms. While outdoor wood-burning devices are intended to burn only natural wood, homeowners sometimes add inappropriate materials such as yard waste, packing materials, construction debris and even household garbage. Burning these waste materials in an outdoor wood-burning device can produce additional toxic air pollutants. Even when used in accordance with manufacturer`s recommendations, these devices frequently cause nuisance conditions. Therefore, the purpose of this act is to ensure the proper siting, operation and performance of outdoor wood-burning devices in order to protect public health and the environment.

Since 1988, the United States Environmental Protection Agency has implemented regulations that govern the manufacture and sale of wood stoves. The United States Environmental Protection Agency mandatory particulate matter emission limit for wood stoves is 7.5 grams of particulate matter per hour (g/h) for non-catalytic stoves, and 4.1 g/h for catalytic stoves. Today, all new wood stoves, sold in the United States must meet these limits. Several states have proposed developing regulations for outdoor wood-burning devices. In New York State, at least twelve municipalities either have restricted or banned the use of outdoor wood-burning devices.

PRIOR LEGISLATIVE HISTORY : A10693B - 2006

FISCAL IMPLICATIONS : None identified

EFFECTIVE DATE : This act shall take effect immediately from the date of enactment.