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 - Dead) 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 |
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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. |