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SB-1013 Fluorinated refrigerants.(2017-2018)

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Date Published: 05/25/2018 09:00 PM
SB1013:v94#DOCUMENT

Amended  IN  Senate  May 25, 2018
Amended  IN  Senate  May 02, 2018
Amended  IN  Senate  April 16, 2018
Amended  IN  Senate  April 05, 2018
Amended  IN  Senate  March 15, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1013


Introduced by Senator Lara
(Coauthor: Senator Coauthors: Senators Stern and Wiener)

February 06, 2018


An act to add Section 39734 to the Health and Safety Code, and to add Division 45 (commencing with Section 76000) to the Public Resources Code, relating to greenhouse gases.


LEGISLATIVE COUNSEL'S DIGEST


SB 1013, as amended, Lara. Fluorinated refrigerants.
(1) Existing law prohibits the manufacture and sale of specified chlorofluorocarbons (CFCs) as aerosol propellants, limits the percentage of new motor vehicles equipped with air-conditioners that utilize CFC-based products, requires the State Air Resources Board to adopt regulations to provide for the enforcement of those provisions, and imposes a civil penalty on persons violating those provisions.
This bill would apply all restrictions prohibitions on the use of class I substances, as defined, and class II substances, as defined, and substitutes, as defined, under the federal Clean Air Act, as it read on January 19, 2017, specified dates, except as specified. The bill would authorize the state board to adopt include in a specified regulation making those restrictions more rigorous or accelerated in time, the acceleration of those prohibitions, a prohibition on the use of other substances, and the creation and update of a list of approved substances, use conditions, or use limits if the state board makes certain findings. findings for each. The bill would allow a violation of these provisions to be enjoined and would subject persons who violate these provisions to specified penalties. The bill would require all civil penalty money collected by the state board to be deposited in the Air Pollution Control Fund rather than the General Fund. Because a violation of these requirements would also be a crime, this bill would impose a state-mandated local program.
This bill would establish the Fluorinated Gases Emission Reduction Incentive Program, to be administered by the state board, to promote the adoption of new refrigerant technologies to achieve short- and long-term climate benefits, energy efficiency, and other cobenefits, as specified. The bill would authorize moneys from the Greenhouse Gas Reduction Fund to be allocated for incentives offered as part of the program.
This bill would require the Public Utilities Commission to consider developing a strategy for including low-global-warming-potential refrigerants in equipment funded by the energy efficiency programs overseen by the Public Utilities Commission;
This bill would require the State Energy Resources Conservation and Development Commission to identify opportunities to assess the energy efficiency performance for low-global-warming-potential alternatives to current fluorinated-gas-based appliances and equipment.
This bill would require the Department of Community Services and Development to consider integrating low global warming potential as part of its ongoing administration of energy efficiency programs for household appliances.
(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 39734 is added to the Health and Safety Code, to read:

39734.
 (a) The Legislature finds and declares that certain fluorinated gases are potent causes of global warming, and it is in the public interest that restrictions or prohibitions on the use of these gases be maintained and enhanced as appropriate in the state.
(b) For purposes of this section, “class I substances” and “class II substances” mean those substances listed in 42 U.S.C. Sec. 7671a, as it read on January 19, 2017, or those substances listed in Appendix A or B of 40 C.F.R. Part 82, Subpart A, as those read on January 19, 2017. the following definitions apply:
(1) “Class I substances” and “class II substances” mean those substances listed in 42 U.S.C. Sec. 7671a, as it read on November 15, 1990, or those substances listed in Appendix A or B of 40 C.F.R. Part 82, Subpart A, as those read on January 3, 2017.
(2) “Hydrofluorocarbons” mean fluorinated gases used primarily as refrigerants in refrigeration, air-conditioning equipment, foam expansion agents, aerosol propellants, solvents, and fire suppressants.
(3) “Substitute” means a substance used to replace a class I substance or class II substance and any substitute for a substitute, including, but not limited to, hydrofluorocarbons.

(c)All restrictions on the use of class I substances and class II substances or any nonexempt substitute refrigerant as set out in 42 U.S.C. Secs. 7671 to 7671p, inclusive, as those read on January 19, 2017, or in 40 C.F.R. Part 82 shall apply, except as otherwise provided by state law. The state board may adopt a regulation making those restrictions more rigorous or accelerated in time, if the state board finds both of the following:

(1)Doing so will reduce the overall risk to human health and the environment.

(2)Substitutes are currently or potentially available.

(d)A substance shall not be used, or continue to be used, as a substitute for class I or class II substances in new or existing uses if that substance was listed as unacceptable for use under 40 C.F.R. Part 82, Subpart G, as of January 19, 2017, or is listed subsequently in any appendix to 40 C.F.R. Part 82, Subpart G, or by state regulation.

(e)The state board, consistent with the standards set forth in 42 U.S.C. 7671k and in 40 C.F.R. Part 82, Subpart G, may adopt a regulation prohibiting other substances from being used, or continuing to be used, in new or existing uses as substitutes for class I substances or class II substances if the state board determines those substances present adverse effects to human health or the environment. The state board may add substances as substitutes for class I substances or class II substances if those substances do both of the following:

(1)Reduce the overall risk to human health and the environment.

(2)Are currently or potentially available.

(c) All prohibitions on the use of class I substances and class II substances as set forth in 42 U.S.C. Secs. 7671a and 7671k, as those read on November 15, 1990, or any substitute as set forth in 40 C.F.R. Part 82, Subpart G, Appendix U and Appendix V, as those read on January 3, 2017, shall apply, except as otherwise provided by state statute or regulation.
(d) The state board may adopt a regulation that includes any of the following:
(1) The acceleration of the prohibitions described in subdivision (c) if the state board determines those prohibitions meet both of the following criteria:
(A) Reduces the overall risk to human health or the environment.
(B) Substitutes are currently or potentially available.
(2) The prohibition on the use of other substances if the state board determines that prohibition meets both of the following criteria:
(A) Reduces the overall risk to human health or the environment.
(B) Substitutes are currently or potentially available.
(3) The creation of a list of approved substances, use conditions, or use limits, if any, and the addition or removal of substances, use conditions, or use limits to or from the list of approved substances if the state board determines those substances meet both of the following criteria:
(A) Reduce the overall risk to human health or the environment.
(B) Substitutes are currently or potentially available.
(e) A class I substance, class II substance, or substitute shall not be used or sold in the state in a manner that is inconsistent with this section.
(f) (1) The state board may enforce this section and may issue regulations implementing it. section. A violation of the requirements of this section may be enjoined pursuant to Section 41513 and is subject to the penalties set forth in Article 3 (commencing with Section 42400) of Chapter 4 of Part 4.
(2) Notwithstanding subdivisions (i) and (j) of Section 42410, the state board may impose an administrative penalty pursuant to Section 42410.
(3) Penalties collected pursuant to this section shall be deposited in the Air Pollution Control Fund.

SEC. 2.

 Division 45 (commencing with Section 76000) is added to the Public Resources Code, to read:

DIVISION 45. Fluorinated Refrigerants

76000.
 For purposes of this division, “GWP” means global warming potential.

76002.
 The Public Utilities Commission shall consider developing a strategy for including low-GWP refrigerants in equipment funded by the energy efficiency programs overseen by the Public Utilities Commission.

76004.
 The State Energy Resources Conservation and Development Commission shall identify opportunities to assess the energy efficiency performance for low-GWP alternatives for current fluorinated-gas-based appliances and equipment.

76006.
 The Department of Community Services and Development shall consider integrating low GWP as part of its ongoing administration of energy efficiency programs for household appliances, including, but not limited to, the Energy Efficiency Low-Income Weatherization Program.

76008.
 (a) (1) The Fluorinated Gases Emission Reduction Incentive Program is hereby established to be administered by the State Air Resources Board to promote the adoption of new refrigerant technologies to achieve short- and long-term climate benefits, energy efficiency, and other cobenefits.
(2) Moneys for the program shall be available to the State Air Resources Board, upon appropriation by the Legislature, including, but not limited to, moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code.
(b) The state board may contract with a third party to administer this section.

(b)

(c) Eligible applicants shall be users of systems of refrigerant technologies.

(c)

(d) When awarding incentives, the State Air Resources Board shall prioritize both of the following:
(1) Low-GWP alternatives that maximize emissions reductions and focus on key cooling sectors where technology is commercially available.
(2) The use of low-GWP alternatives in new technologies for which higher upfront costs, compared with hydrofluorocarbon systems, have been identified by the State Air Resources Board as a market impediment.

(d)

(e) The program shall include all of the following:
(1) Allow for a retailer to apply for funding for multiple stores or units.
(2) Identify opportunities for outreach efforts to demonstrate and provide information about low-GWP alternatives in refrigeration, refrigeration and air conditioning, and foams conditioning.
(3) Require the professional installation and maintenance of alternative refrigeration and air-conditioning machinery equipment in order to maximize energy efficiency and minimize emissions.
(4) Identify opportunities to provide incentives for increase the recovery or resale of existing high-GWP refrigerants.
(5) Identify opportunities to offer matching funds to local publicly owned electric and gas utilities that offer their own low-GWP incentive programs.
(6) Comply with federal and state laws regarding the disposal and capture of fluorinated gases.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.