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SB-1013 Refrigerants.(2017-2018)

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Date Published: 02/06/2018 09:00 PM
SB1013:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1013


Introduced by Senator Lara

February 06, 2018


An act to add Section 39734 to the Health and Safety Code, relating to greenhouse gases.


LEGISLATIVE COUNSEL'S DIGEST


SB 1013, as introduced, Lara. 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.
The Administrative Procedure Act generally sets forth the requirements for the adoption, publication, review, and implementation of regulations by state agencies.
This bill would apply all restrictions on the use of class I substances, as defined, and class II substances, as defined, under the federal Clean Air Act, as it read on January 19, 2017, except as specified. The bill would authorize the state board to adopt a regulation making those restrictions more rigorous or accelerated in time, as appropriate. 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 exempt all regulations adopted, and determinations made, by the state board for these provisions from the Administrative Procedure Act and other specified provisions relating to the control of toxic air contaminants.
This bill would state the intent of the Legislature to enact legislation that restricts the use of high global warming potential compounds used in refrigerators, chillers, and air conditioning units and that develops an incentive program to speed the replacement of these compounds with alternatives that have lower global warming potential.
(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 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.
(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, as appropriate.
(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.
(f) (1) The state board may enforce this section and may issue regulations implementing it. 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.
(g) Regulations adopted, and determinations made, by the state board pursuant to this section are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Article 4 (commencing with Section 39665) of Chapter 3.5.

SEC. 2.

 It is the intent of the Legislature to enact legislation that restricts the use of high global warming potential compounds used in refrigerators, chillers, and air conditioning units and that develops an incentive program to speed the replacement of these compounds with alternatives that have lower global warming potential.

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.