Bill Text: TX SB125 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the regulation of hydrofluorocarbons under the Texas Clean Air Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-03-03 - Referred to Natural Resources & Economic Development [SB125 Detail]

Download: Texas-2021-SB125-Introduced.html
  87R729 JRR-D
 
  By: Johnson S.B. No. 125
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of hydrofluorocarbons under the Texas
  Clean Air Act.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 382, Health and Safety Code, is amended
  by adding Subchapter L to read as follows:
  SUBCHAPTER L. REGULATION OF HYDROFLUOROCARBONS
         Sec. 382.551.  DEFINITIONS. In this subchapter:
               (1)  "Class I substances" and "class II substances"
  mean those substances listed in 42 U.S.C. Section 7671a, as that
  section existed on November 15, 1990, or those substances listed in
  Appendix A or B of 40 C.F.R. Part 82, Subpart A, as those appendices
  existed on January 3, 2017.
               (2)  "Hydrofluorocarbons" means the class of
  greenhouse gases that are saturated organic compounds containing
  hydrogen, fluorine, and carbon.
               (3)  "Residential consumer refrigeration products"
  means a consumer refrigeration product as defined by 10 C.F.R.
  Section 430.2 that is designed or manufactured primarily for
  residential use.
               (4)  "Retrofit" has the meaning assigned by 40 C.F.R.
  Section 82.152, as that section existed as of January 3, 2017.
               (5)  "Substitute" means a chemical, product, or
  alternative manufacturing process, whether existing or retrofit,
  that is used to perform a function previously performed by a class I
  substance or class II substance and any substitute subsequently
  adopted to perform that function, including hydrofluorocarbons.
         Sec. 382.552.  REGULATION OF HYDROFLUOROCARBONS. (a)
  Except as otherwise provided by this section, a person may not offer
  any product or equipment for sale, lease, or rent, or install or
  otherwise cause any product or equipment to enter into commerce in
  this state if that product or equipment consists of, uses, or will
  use a substitute, as provided in Appendix U or V of 40 C.F.R. Part
  82, Subpart G, as those appendices existed on January 3, 2017, for
  the applications or end uses restricted by those appendices.
         (b)  Except where existing equipment is retrofit, Subsection
  (a) does not require a person that acquired a prohibited product or
  equipment before the applicable effective date specified in
  Subsection (c) for the prohibition to cease use of that product or
  equipment. Products or equipment manufactured before the
  applicable effective date specified in Subsection (c) for the
  prohibition may be sold, imported, exported, distributed,
  installed, and used after the specified effective date.
         (c)  Except as provided by Subsection (d), the prohibition
  imposed under Subsection (a) takes effect beginning:
               (1)  January 1, 2023, for:
                     (A)  propellants;
                     (B)  rigid polyurethane applications and spray
  foam, flexible polyurethane, integral skin polyurethane, flexible
  polyurethane foam, polystyrene extruded sheet, polyolefin,
  phenolic insulation board, and bunstock;
                     (C)  supermarket systems, remote condensing
  units, stand-alone units, and vending machines;
                     (D)  refrigerated food processing and dispensing
  equipment;
                     (E)  compact residential consumer refrigeration
  products; and
                     (F)  polystyrene extruded boardstock and billet
  and rigid polyurethane low-pressure two-component spray foam;
               (2)  January 1, 2024, for residential consumer
  refrigeration products other than compact and built-in residential
  consumer refrigeration products;
               (3)  January 1, 2025, for:
                     (A)  cold storage warehouses; and
                     (B)  built-in residential consumer refrigeration
  products;
               (4)  January 1, 2026, for centrifugal chillers and
  positive displacement chillers; and
               (5)  January 1, 2022, or the effective date of the
  restrictions identified in Appendix U or V of 40 C.F.R. Part 82,
  Subpart G, as those appendices existed on January 3, 2017,
  whichever comes later, for all other applications and end uses for
  substitutes not described by the categories listed in Subdivisions
  (1) through (4).
         (d)  The commission by rule may modify the effective date
  specified in Subsection (c) for a prohibition if the commission
  determines that the modified deadline:
               (1)  reduces the overall risk to human health or the
  environment; and
               (2)  reflects the earliest date that a substitute is
  currently or potentially available.
         (e)  If the United States Environmental Protection Agency
  approves a previously prohibited hydrofluorocarbon blend with a
  global warming potential of 750 or less for foam blowing of
  polystyrene extruded boardstock and billet and rigid polyurethane
  low-pressure two-component spray foam pursuant to the significant
  new alternatives policy program under the federal Clean Air Act (42
  U.S.C. Section 7671k), the commission shall expeditiously propose a
  rule to conform the requirements established under this section
  with that federal action.
         SECTION 2.  This Act takes effect September 1, 2021.
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