Wood heaters; Air Pollution Control Board shall not adopt regulations that limit emissions. (HB2246)

Introduced By

Del. Charles Poindexter (R-Glade Hill) with support from co-patron Del. Matt Fariss (R-Rustburg)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Regulation of wood heaters. Prohibits the Air Pollution Control Board from adopting regulations that limit emissions from wood heaters. A wood heater is defined as a wood stove, pellet stove, wood-fired hydronic heater, wood-burning forced-air furnace, or masonry wood heater designed for heating a home or a business. The bill also prohibits the Board from enforcing any federal regulation limiting emissions from wood heaters that was adopted after May 1, 2014. Read the Bill »


Bill Has Passed


01/19/2015Presented and ordered printed 15103201D
01/19/2015Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/26/2015Assigned ACNRsub: Agriculture
01/28/2015Impact statement from DPB (HB2246)
02/02/2015Subcommittee recommends reporting with amendment(s) (6-Y 0-N)
02/04/2015Reported from Agriculture, Chesapeake and Natural Resources with substitute (17-Y 4-N) (see vote tally)
02/04/2015Committee substitute printed 15104396D-H1
02/05/2015Read first time
02/06/2015Read second time
02/06/2015Committee substitute agreed to 15104396D-H1
02/06/2015Engrossed by House - committee substitute HB2246H1
02/06/2015Engrossment reconsidered by House
02/06/2015Passed by for the day
02/06/2015Motion to reconsidered pass by for the day agreed to
02/06/2015Motion to reconsider engrossment withdrawn
02/08/2015Impact statement from DPB (HB2246H1)
02/09/2015Read third time and passed House (77-Y 20-N)
02/09/2015VOTE: PASSAGE (77-Y 20-N) (see vote tally)
02/09/2015Reconsideration of passage agreed to by House
02/09/2015Passed House (76-Y 22-N)
02/09/2015VOTE: PASSAGE #2 (76-Y 22-N) (see vote tally)
02/10/2015Constitutional reading dispensed
02/10/2015Referred to Committee on Agriculture, Conservation and Natural Resources
02/19/2015Reported from Agriculture, Conservation and Natural Resources (11-Y 3-N) (see vote tally)
02/23/2015Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/24/2015Read third time
02/24/2015Passed by for the day
02/25/2015Read third time
02/25/2015Pending question ordered (33-Y 6-N) (see vote tally)
02/25/2015Passed Senate (32-Y 7-N) (see vote tally)
03/06/2015Bill text as passed House and Senate (HB2246ER)
03/06/2015Impact statement from DPB (HB2246ER)
03/06/2015Signed by Speaker
03/07/2015Signed by President
03/10/2015Enrolled Bill communicated to Governor on 3/10/15
03/10/2015G Governor's Action Deadline Midnight, Sunday, March 29, 2015
03/23/2015G Approved by Governor-Chapter 471 (effective 7/1/15)
03/23/2015G Acts of Assembly Chapter text (CHAP0471)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 3 clips in all, totaling 27 minutes.


Mary Smith writes:

Any unit that has blowers/water jackets can project smoke, high humidity levels (water jackets), and any substances burned for a great distance, impacting neighbors. The smoke is spread out in the air and engulfs neighbors homes, creating an unbearable environment and causing health problems. I feel this bill is a violation to the rights of others. Everyone should have the right to a clean air environment. This bill takes that away. If people were following safe practices of wood burning, they would no be pursuing this bill.

Respectfully yours,

Waldo Jaquith writes:

Wow, yeah, this bill seems like trouble. This bit, specifically:

The bill also prohibits the Board from enforcing any federal regulation limiting emissions from wood heaters that was adopted after May 1, 2014.

It is absurd to attempt to prohibit a state agency from enforcing federal law. A state agency is bound by both state and federal law. Passing a law requiring a state agency to violate the law puts them in a terrible bind. That's going to require agency attorneys to waste a bunch of time and money to figure out the obvious answer: that Virginia doesn't get to pass a law that says that they're ignoring federal law.