HPBA Policy Updates

HPBA Policy Update

The National Chimney Sweep Guild (NCSG) partners with the (HPBA) and its affiliates to ensure NCSG members are up to date on policy matters that impact the industry. NCSG representatives attend the monthly HPBA government affairs calls, communicate updates to NCSG members, and forward HPBA Calls to Action efforts to NCSG members.

NCSG gratefully welcomes the HPBA Government Affairs team who each contributed to this month’s Sweeping magazine and this article: Jason Tolleson, Senior Director – Government Affairs; John Crouch, DirectorPublic Affairs; Eric Adair, Senior Manager – Codes & Standards; and Christopher Connor, Policy Manager – Government Affairs.

Staff Update

Jason Tolleson joined the HPBA leadership team as Senior Director of Government Affairs in July 2024 with over 20 years of experience in working with policy makers at all levels of government. He started his government affairs career on Capitol Hill working for a congressman from his home state of Hawaii. Tolleson holds a bachelor’s degree in political science with a focus on United States government and constitutional law.

2024 Legislative Recap

Given the compressed legislative sessions an election year and other political considerations, there were only pockets of legislative activity of interest to the hearth industry. In the fuel choice issue, only Nebraska enacted legislation to protect consumer options. As shown in the map below, this brings the count to 26 states who have enacted similar laws. In conversations with coalition partners, the prime targets for 2025 consideration include Pennsylvania and South Carolina. Prior attempts to enact legislation in Pennsylvania passed the State Senate but were unsuccessful in the House. Planning discussions with coalition partners will resume after the election.

26 STATES WITH FUEL CHOICE LAWS

State Updates

Illinois

There has been activity on multiple policy fronts this year in Illinois. In the General Assembly, legislation was introduced in the final month of their session that would eliminate the direct use of natural gas in the state and fundamentally redesign how the state regulates natural gas utilities. The only activity on the bill was gathering three additional co-sponsors, however, it did lay down a marker for future consideration when the legislature reconvenes in January 2025. Working closely with coalition partners and the regional affiliate, Midwest HPBA, government affairs staff is actively participating in discussions to prepare for the next legislative session.

In related news, the Illinois Commerce Commission continues their work on the “Future of Natural Gas” workshops. Although their authority is limited to submitting recommendations to the state legislature for consideration, HPBA staff will continue to monitor and provide comments through the process. Presentations to date have come from utility companies, environmental organizations and agency staff in highlighting current and future energy demands, benchmarking against other states and other gas infrastructure issues.

HPBA staff also worked closely with their Midwest affiliate in submitting comments to the Illinois Joint Committee on Administrative Rules (JCAR) on a proposed stretch code that would mandate that builders furnish new construction with electric ready requirements. Additionally, in the proposed commercial stretch code provisions, gas hearth fireplaces are listed as ‘miscellaneous loads’ and subsequently would be prohibited in common areas of multifamily buildings, such as lobbies of condo complexes, senior homes, and other applicable commercial spaces. In a last minute switch, JCAR pulled the electrification requirements from the code and left it in appendices. While the readiness portion was put in the code but was not included in appendices. Given that state officials were pushing for full electrification and readiness in the codes, it is worth noting that this complicated outcome still leaves municipalities with the option to implement these changes.

Massachusetts

After successfully lobbying their legislative allies to delay action on climate legislation at the end of the legislative session, the Northeast HPBA affiliate was back in action as Governor Healey called the State House back to consider a supplemental budget request. Included in the proposal were several provisions related to clean energy siting, permitting and procurement that were previously considered by the legislature. At the time that this article was submitted, there has been no final action on the budget proposal. Stay tuned for future updates.

Vermont

As reported last year, the Vermont General Assembly passed legislation to create a Clean Heat Standard program and required the Vermont Public Utility Commission (PUC) to provide a Clean Heat Standard rule to the Legislature by January 15, 2025. PUC advisory working groups released a report on October 1st stating challenges in creating the rule. As highlighted in their report, the “Clean Heat Standard, as currently conceived, requires substantial additional costs and regulatory complexity above the funding needed to accomplish Vermont’s greenhouse gas emission reduction goals.” Additionally, “Our work over the past year and a half on the Clean Heat Standard demonstrates that it does not make sense for Vermont, as a lone small state, to develop a clean heat credit market and the associated clean heat credit trading system to register, sell, transfer, and trade credits.” The report stated that the PUC is “considering other options to achieve Vermont’s greenhouse gas emission reduction goals for the thermal sector.” NEHBPA and government affairs staff will continue to closely monitor this situation and share these updates with other states with similar proposals.

Solid Fuel Update

EPA Woodstove Regulation

As a result of a lawsuit brought by seven states and one air district in 2023, EPA has agreed to set a deadline for completing the next review of the New Source Performance Standards (NSPS). They have targeted December 2027 to complete the woodstove portion of the NSPS, and December of 2028 to complete the Central Heater portion.

The next NSPS will return the test process to cordwood, and may include a new instrument for testing, known as the tapered element oscillating microbalance, or TEOM. Working closely with HPBA Government Affairs staff, a working group of manufacturers are analyzing the technical aspects of this and will be meeting with the EPA’s test method development team on October 16. In addition to highlighting issues in the test method development, the working group continues to engage with the rule writing team and the industry’s primary concern of “sell-through” of existing products approved under prior testing and certification processes. While the EPA’s work will not impact retailers at this time, there will be anticipated changes after the NSPS is released.

Energy Efficient Home Improvement Credit

As selling season ramps up, HPBA reminds industry contacts of the changes that Congress made to the tax credit two years ago. In addition to now being in a different section of the tax code, the credit only applies to existing homes and can only be taken in the year the product was installed. The IRS put out very clear guidance and retailers should have copies in their stores to avoid any confusion caused by the changes to the credits. Additional information can be found at irs.gov/creditsdeductions/home-energy-taxcredits.

Fireplace Insert Safety Standards

A new safety standard for inserts into a masonry fireplace should be published soon. HPBA staff will share this information as it made available. Additionally, a second standard for inserts into factory-built fireplaces may be published next spring. Once these safety standards are published, testing labs can begin listing appliances to them. Given the timing of the first standard, some of these inserts may be seen at the HPBA Expo next March.

Codes and Standards

In codes & standards, there are two new bi-national (U.S. and Canada) standards about to be published which will cover solidfuel inserts and hearth-mounted stoves:

• UL/ULC 1390 Solid-Fuel Fireplace Inserts and Hearth-Mounted Stoves for Installation into Masonry Fireplaces is being developed.

• UL/ULC 1391 Solid-Fuel Fireplace Inserts and Hearth-Mounted Stoves for Installation into Factory-Built Fireplaces is due out in the first quarter of 2025.

Both new standards provide coverage for appliances that previously did not have a standard here in the U.S. In Canada, UL/ ULC 1390 will replace ULC S628 Fireplace Inserts when it is published. Previously, inserts and hearth-mounted stoves had been listed using UL 1482 Solid-Fuel Type Room Heaters, however going forward UL 1482 will only be used for freestanding wood stoves.

The purpose of these standards is to improve overall safety and to provide a common reference for manufacturers, installers, and consumers. Some highlights of the new standards include:

• An NFPA 211 Level II inspection will be required. Necessary repairs to the existing system must be made before installing the appliance.

• Installers must follow manufacturer’s instructions and manufacturers must provide detailed instructions for the installation

• Full length liners will be required

• Air-cooled chimneys must maintain their functionality when installing a liner (top plates are available to accommodate this)

• Details will be provided about the use (or restriction) of faceplates/surrounds

• Permitted modifications to the existing fireplace system will be limited

It is worth noting that while liners are not normally permitted to be installed into factory-built chimneys, they will be permissible (and required) as part of the insert’s/hearth-mounted stove’s listing.

In other standards, the Technical Committee overseeing NFPA 211 Standard for Chimneys, Fireplaces, Vents, and Solid Fuel-Burning Appliances is working through the first set of public comments it received for the 2027 edition. NFPA is expecting to have the first draft posted by March 25, 2025, and the public will have an opportunity to submit comments later in the development process.

2024 Election and Beyond

HPBA staff will provide an analysis on the election results and the potential impacts to the hearth industry in an upcoming issue. An update on local activity will be provided in that issue as well.

For additional information on HPBA’s advocacy efforts, please visit hpba.org. ■