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.