00                            HOUSE BILL NO. 264                                                                          
01 "An Act relating to solid fuel burning heating devices."                                                                
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 29.35.055 is amended to read:                                                                      
04            Sec. 29.35.055. Local air quality control program. A municipality may                                      
05       establish a local air quality control program as provided in AS 46.14.400 and limited                         
06       by AS 46.14.900 only if the municipality has obtained the consent of its governing                            
07       body through an ordinance authorizing the participation. This section applies to home                             
08       rule and general law municipalities.                                                                              
09    * Sec. 2. AS 44.99.040(a) is amended to read:                                                                      
10            (a)  A state or municipal agency may not use or authorize the use of an asset to                             
11       implement or aid in the implementation of a requirement of                                                        
12                 (1)  an order of the President of the United States, a federal regulation,                              
13       or a law enacted by the United States Congress that is applied to                                                 
14                      (A)  infringe on a person's right, under the Second Amendment                                      
15            to the Constitution of the United States, to keep and bear arms;                                             

01                      (B)  deny a person a right to due process, or a protection of due                                  
02            process, that would otherwise be available to the person under the Constitution                              
03            of the State of Alaska or the Constitution of the United States;                                             
04                      (C)  prohibit the use of a solid fuel burning heating device;                                  
05            or                                                                                                           
06                 (2)  P.L. 109-13, Division B (REAL ID Act of 2005).                                                     
07    * Sec. 3. AS 44.99.040(b) is amended by adding a new paragraph to read:                                            
08                 (3)  "solid fuel burning heating device" means a device designed or                                     
09       operated for wood or coal combustion that provides usable heat for the interior of a                              
10       building and does not include a device that is primarily part of an industrial process                            
11       and incidentally provides usable heat for the interior of a building.                                             
12    * Sec. 4. AS 46.14.900 is amended by adding a new subsection to read:                                              
13            (b)  A department of the state or a municipality may not prohibit the use of a                               
14       solid fuel burning heating device. This subsection does not apply to                                              
15                 (1)  actions taken under AS 46.14.540;                                                                  
16                 (2)  a municipality that has passed an ordinance allowing a prohibition                                 
17       on the use of a solid fuel burning heating device.                                                                
18    * Sec. 5. AS 46.14.990 is amended by adding a new paragraph to read:                                               
19                 (29)  "solid fuel burning heating device" means a device designed or                                    
20       operated for wood or coal combustion that provides usable heat for the interior of a                              
21       building and does not include a device that is primarily part of an industrial process                            
22       and incidentally provides usable heat for the interior of a building.                                             
23    * Sec. 6. AS 46.14.900(b) is repealed on the earlier of                                                            
24            (1)  December 31, 2023; or                                                                                   
25            (2)  when the legislature determines, by law, that sufficient alternative fuel                               
26 sources to replace wood and coal are available and affordable and that the availability and                             
27 affordability of those alternative fuel sources sufficiently incentivizes homeowners to replace                         
28 wood- or coal-burning home heating systems with systems using the alternative fuel sources.