Bill Text: NJ A5165 | 2022-2023 | Regular Session | Introduced
Bill Title: Relates to which refrigerants are permissible for use within current State Uniform Construction Code and local codes.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2023-11-20 - Approved P.L.2023, c.178. [A5165 Detail]
Download: New_Jersey-2022-A5165-Introduced.html
Sponsored by:
Assemblyman WAYNE P. DEANGELO
District 14 (Mercer and Middlesex)
SYNOPSIS
Clarifies which refrigerants are permissible for use within State Uniform Construction Code.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the use of certain refrigerants and amending P.L.2019, c.507.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 9 of P.L.2019, c.507 (C.52:27D-123.18) is amended to read as follows:
9. a. The Commissioner of Community Affairs shall adopt, pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), a list of approved uses, and use conditions or use limits, if applicable, for substitutes, as defined pursuant to section 1 of P.L.2019, c.507 (C.26:2C-60).
b. Each substitute, use, use condition, or use limit in the list adopted pursuant to this section shall be:
(1) approved under the "Significant New Alternatives Policy" program in the United States Environmental Protection Agency pursuant to 42 U.S.C. s.7671k, [and approved by the Department of Environmental Protection]; or
(2) approved by the Department of Environmental Protection pursuant to section 2 of P.L.2019, c.507 (C.26:2C-61).
c. Notwithstanding the requirements set forth in paragraphs (1) and (2) of subsection b. of this section, the commissioner, in adopting the list of approved uses, and use conditions or use limits, if applicable, for substitutes, pursuant to subsection a. of this section, shall not prohibit within the State Uniform Construction Code, and no provision of the State building code, or any law, regulation, or other requirement in the State, may prohibit or otherwise limit the use of a refrigerant designated as acceptable by the United States Environmental Protection Agency pursuant to and in accordance with 42 U.S.C. s.7671k, provided that the equipment using the refrigerant is listed and installed in accordance with the safety standards and use conditions published and imposed pursuant to 42 U.S.C. s.7671k.
(cf: P.L.2019, c.507, s.9)
2. This act shall take effect immediately.
STATEMENT
On January 21, 2020, the Governor signed P.L.2019, c.507, into law. That legislation sought to reduce greenhouse gas emissions by limiting the permissible use of hydrofluorocarbons (HFCs) in various building and manufacturing processes. In so doing, P.L.2019, c.507, prohibits the sale, lease, rental, or installation of certain equipment and products containing or using HFCs and sets forth a schedule by which these substances will be phased out of use. Section 9 of P.L.2019, c.507 (C:52:27D-123.18), directs the Commissioner of Community Affairs to adopt a list of approved uses, use conditions or use limits for these substances under the State Uniform Construction Code. Although P.L.2019, c.507 refers to and relies upon the United States Environmental Protection Agency's (USEPA) statutory and regulatory definitions and guidance regarding the appropriate use of certain substances, how some of these substances should be regulated under the State Uniform Construction Code required additional clarification. This bill makes those clarifications.
This bill clarifies that any refrigerant listed as acceptable by the USEPA under the "Significant New Alternatives Policy" program pursuant to 42 U.S.C. s.7671k would not be prohibited under the "State Uniform Construction Code," P.L.1975, c.217 (C.52:27D-119 et seq.), and may not be prohibited by any other law, regulation, or requirement in the State, provided that any equipment is listed and installed pursuant to the USEPA's safety standards and use conditions.
The intent of these clarifications is to allow manufacturers who use HFCs in their products to begin a more efficient and orderly phasedown of their use based on the federal guidelines, while still implementing the changes needed to reduce greenhouse gas emissions.
