Bill Text: CA SB1013 | 2017-2018 | Regular Session | Amended

California Senate Bill 1013 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Fluorinated refrigerants.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2018-09-13 - Chaptered by Secretary of State. Chapter 375, Statutes of 2018. [SB1013 Detail]

Download: California-2017-SB1013-Amended.html

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 Stern)

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 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.~~ time, if the state board makes certain findings. 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 assess the addition of low-global-warming-potential equipment as part of its energy efficiency programs and develop a strategy for including low global warming potential in energy efficiency programs for refrigerators, heat pumps, and air conditioning units.

This bill would require the State Energy Resources Conservation and Development Commission to include the reduction of global warming potential as a criteria for applicable energy efficiency projects and conduct an energy efficiency analysis for low-global-warming-potential alternatives for current fluorinated-gas-based refrigerants and air conditioners.

This bill would require the Department of Community Services and Development to integrate low global warming potential as part of its ongoing energy efficiency proceeding 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 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.~~ 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.

(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.

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 do both of the following:

(a) Assess the addition of low-GWP equipment as part of its energy efficiency programs.

(b) Develop a strategy for including low GWP in energy efficiency programs for refrigerators, heat pumps, and air-conditioning units.

76004.

The State Energy Resources Conservation and Development Commission shall do both of the following:

(a) Include the reduction of GWP as a criteria for applicable energy efficiency projects, including, but not limited to, the Savings By Design Program and Clean Energy Upgrade Program, as described in Section 26053.

(b) Conduct an energy efficiency analysis for low-GWP alternatives for current fluorinated-gas-based refrigerants and air-conditioners.

76006.

The Department of Community Services and Development shall integrate low GWP as part of its ongoing energy efficiency proceeding 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) Eligible applicants shall be users of systems of new refrigerant technologies.

(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) 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, air, conditioning, and foams.

(3) Require the professional installation and maintenance of alternative refrigeration and air-conditioning machinery in order to maximize energy efficiency and minimize emissions.

(4) Identify opportunities to provide incentives for 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 programs.

(6) Comply with federal 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.