Texas 2021 - 87th Regular

Texas Senate Bill SB125 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R729 JRR-D
2	2	By: Johnson S.B. No. 125
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of hydrofluorocarbons under the Texas
8	8	Clean Air Act.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 382, Health and Safety Code, is amended
11	11	by adding Subchapter L to read as follows:
12	12	SUBCHAPTER L. REGULATION OF HYDROFLUOROCARBONS
13	13	Sec. 382.551. DEFINITIONS. In this subchapter:
14	14	(1) "Class I substances" and "class II substances"
15	15	mean those substances listed in 42 U.S.C. Section 7671a, as that
16	16	section existed on November 15, 1990, or those substances listed in
17	17	Appendix A or B of 40 C.F.R. Part 82, Subpart A, as those appendices
18	18	existed on January 3, 2017.
19	19	(2) "Hydrofluorocarbons" means the class of
20	20	greenhouse gases that are saturated organic compounds containing
21	21	hydrogen, fluorine, and carbon.
22	22	(3) "Residential consumer refrigeration products"
23	23	means a consumer refrigeration product as defined by 10 C.F.R.
24	24	Section 430.2 that is designed or manufactured primarily for
25	25	residential use.
26	26	(4) "Retrofit" has the meaning assigned by 40 C.F.R.
27	27	Section 82.152, as that section existed as of January 3, 2017.
28	28	(5) "Substitute" means a chemical, product, or
29	29	alternative manufacturing process, whether existing or retrofit,
30	30	that is used to perform a function previously performed by a class I
31	31	substance or class II substance and any substitute subsequently
32	32	adopted to perform that function, including hydrofluorocarbons.
33	33	Sec. 382.552. REGULATION OF HYDROFLUOROCARBONS. (a)
34	34	Except as otherwise provided by this section, a person may not offer
35	35	any product or equipment for sale, lease, or rent, or install or
36	36	otherwise cause any product or equipment to enter into commerce in
37	37	this state if that product or equipment consists of, uses, or will
38	38	use a substitute, as provided in Appendix U or V of 40 C.F.R. Part
39	39	82, Subpart G, as those appendices existed on January 3, 2017, for
40	40	the applications or end uses restricted by those appendices.
41	41	(b) Except where existing equipment is retrofit, Subsection
42	42	(a) does not require a person that acquired a prohibited product or
43	43	equipment before the applicable effective date specified in
44	44	Subsection (c) for the prohibition to cease use of that product or
45	45	equipment. Products or equipment manufactured before the
46	46	applicable effective date specified in Subsection (c) for the
47	47	prohibition may be sold, imported, exported, distributed,
48	48	installed, and used after the specified effective date.
49	49	(c) Except as provided by Subsection (d), the prohibition
50	50	imposed under Subsection (a) takes effect beginning:
51	51	(1) January 1, 2023, for:
52	52	(A) propellants;
53	53	(B) rigid polyurethane applications and spray
54	54	foam, flexible polyurethane, integral skin polyurethane, flexible
55	55	polyurethane foam, polystyrene extruded sheet, polyolefin,
56	56	phenolic insulation board, and bunstock;
57	57	(C) supermarket systems, remote condensing
58	58	units, stand-alone units, and vending machines;
59	59	(D) refrigerated food processing and dispensing
60	60	equipment;
61	61	(E) compact residential consumer refrigeration
62	62	products; and
63	63	(F) polystyrene extruded boardstock and billet
64	64	and rigid polyurethane low-pressure two-component spray foam;
65	65	(2) January 1, 2024, for residential consumer
66	66	refrigeration products other than compact and built-in residential
67	67	consumer refrigeration products;
68	68	(3) January 1, 2025, for:
69	69	(A) cold storage warehouses; and
70	70	(B) built-in residential consumer refrigeration
71	71	products;
72	72	(4) January 1, 2026, for centrifugal chillers and
73	73	positive displacement chillers; and
74	74	(5) January 1, 2022, or the effective date of the
75	75	restrictions identified in Appendix U or V of 40 C.F.R. Part 82,
76	76	Subpart G, as those appendices existed on January 3, 2017,
77	77	whichever comes later, for all other applications and end uses for
78	78	substitutes not described by the categories listed in Subdivisions
79	79	(1) through (4).
80	80	(d) The commission by rule may modify the effective date
81	81	specified in Subsection (c) for a prohibition if the commission
82	82	determines that the modified deadline:
83	83	(1) reduces the overall risk to human health or the
84	84	environment; and
85	85	(2) reflects the earliest date that a substitute is
86	86	currently or potentially available.
87	87	(e) If the United States Environmental Protection Agency
88	88	approves a previously prohibited hydrofluorocarbon blend with a
89	89	global warming potential of 750 or less for foam blowing of
90	90	polystyrene extruded boardstock and billet and rigid polyurethane
91	91	low-pressure two-component spray foam pursuant to the significant
92	92	new alternatives policy program under the federal Clean Air Act (42
93	93	U.S.C. Section 7671k), the commission shall expeditiously propose a
94	94	rule to conform the requirements established under this section
95	95	with that federal action.
96	96	SECTION 2. This Act takes effect September 1, 2021.