California adopted SB 1013 enacting vacated portions of EPA’s SNAP Rules 20 and 21, and prohibiting certain HFCs in aerosol propellants, chillers, foam, and stationary refrigeration end-uses. The California Air Resources Board (CARB) is also developing a rulemaking with additional HFC emissions reduction measures for chillers, stationary air conditioning equipment and stationary refrigeration equipment. CARB presented the proposals and draft regulatory text during a public workshop on January 30, 2020 and on July 22, 2020. The proposed regulation order was approved by the CARB Board on December 10, 2020.

• Regulating Body: California Air Resources Board
• Stated Goal: HFC emission reduction target of 40% by 2030
• Legislation: Senate Bill No. 1383 Legislative to Reduce Short-Lived Climate Pollutants
• Regulation in Effect:
  • CA SNAP Final Regulation Order
  • 2009 Refrigerant Management Program
• Prohibitions based on manufacture date
• Rulemakings in Progress: 2020 HFC Rulemaking Approved Language – Released October 20, 2020
  • Timeline:
    • 15-day Amendment Language: TBD
  • Comments Submitted
    • December 7, 2020 – Commercial Refrigeration Responses to Proposed Regulation Order
    • December 7, 2020 – Air Conditioning Responses to Proposed Regulation Order
    • August 12, 2020 – Responses to July Draft Proposed Regulation
    • February 24, 2020 — Responses to January 30 Public Workshop
    • January 14, 2020 — Revised Proposal for Industrial Process Refrigeration Equipment
    • December 12, 2019 — Proposals for Industrial Process Refrigeration and Transport Refrigeration Equipment
    • September 20, 2019 — Responses to August 6 Public Workshop
    • August 6, 2019 — Proposed Two-Step Phase Down Approach for Commercial Refrigeration Equipment (revised)
    • July 29, 2019 — Proposed Two-Step Phase Down Approach for Commercial Refrigeration Equipment
• Administrative resources:
  • CARB Refrigerant Management Program
  • Refrigerant Registration and Reporting System (R3)

The Colorado Department of Public Health and Environment (CDPHE) Air Pollution Control Division (the Division) adopted Regulation 22: Colorado Greenhouse Gas Reporting and Emission Reduction Requirements to the Air Quality Control Commission during its May 2020 meeting as part of its rulemaking process to implement Senate Bill 19-096, Senate Bill 19-181, House Bill 19-1261, and Senate Bill 19-236 for a potential greenhouse gas emissions reporting rule and potential greenhouse gas emission reduction strategies addressing hydrofluorocarbon (HFC) emissions. This regulation is intended to enact vacated portions of EPA’s SNAP Rules 20 and 21, prohibiting certain HFCs in aerosol propellants, chillers, foam, and stationary refrigeration end-uses.

• Regulating Body: Colorado Department of Public Health and Environment
• Stated Goal: Implement Senate Bill 19-096, Senate Bill 19-181, House Bill 19-1261 and Senate Bill 19-236
• Legislation: Senate Bill 19-096, Senate Bill 19-181, House Bill 19-1261, and Senate Bill 19-236
• Regulation in Effect: Proposed Regulatory Language Regulation Number 22: Greenhouse Gas Reporting and Hydrofluorocarbons Emission Reduction
• Prohibitions based on use of prohibited substance, including manufacture, sale, lease, rent, or installation
• Rulemakings in Progress: None
  • Comments Submitted:
    • March 16, 2020 — Pre-rulemaking Comments on CO HFC draft language
    • January 27, 2020 — Comments to CO (Early Input)

Connecticut has announced that DEEP will begin rulemaking process to develop regulations to adopt the 2015 and 2016 changes to the federal Significant New Alternatives Policy (SNAP) regarding HFCs, likely modeled after Cal SNAP. CT is still in the early stages of HFC rulemaking and does not have a specific timeline established.

• Regulating Body: Department of Energy and Environmental Protection
• Stated Goal: Adopt the 2015/16 changes to the federal SNAP regarding HFCs
• Legislation: None
• Rulemaking: None
• Regulation: None

Delaware is in the final stages of its rulemaking to enact vacated portions of EPA’s SNAP Rules 20 and 21, prohibiting certain HFCs in aerosol propellants, chillers, foam, and stationary refrigeration end-uses.

• Regulating Body: Department of Natural Resources and Environmental Control
• Stated Goal: 26-28% reduction vs. 2005 by 2025
• Legislation in Effect: DE Legislation to propose regulations for the use and manufacturing of HFCs
• Regulation in Effect: None
• Prohibitions based on use of prohibited substance, including manufacture, sale, lease, rent, or installation
• Rulemakings in Progress: Proposed new HFCs regulation as published in the April 1 Registrar of Regulations.
  • Timeline:
    • Final Regulation in place by summer 2021
  • Comments submitted:
    • January 17, 2020 — Comments Regarding December 2019 Draft Language
    • October 24, 2019 — Comments Regarding September 24 Public Hearing

House Bill 2492 proposes to implement EPA SNAP Rules 20 and 21 in Hawaii prohibiting certain HFCs in aerosol propellants, chillers, foam, and stationary refrigeration end-uses.

• Regulating Body: Hawaii House Energy and Environmental Protection Committee
• Stated Goal: Same as U.S. Climate Alliance
• Legislation: Proposed House Bill 2492
  • Comments submitted
    • January 30, 2020 — Written testimony submitted to Hawaii House Energy and Environmental Protection Committee
• Regulation in effect: None
• Rulemakings in progress: None

• On February 18, Representative Tucker (D-050) introduced Maine HP 1505—legislation related to the phase down of hydrofluorocarbons (HFCs) – at the request of Maine Governor Janet Mills. The bill directs the Department of Environmental Protection to promulgate regulations limiting the use of HFCs. Governor Mills announced introduction of the legislation on the same day Rhode Island Governor Gina Raimondo and Massachusetts Governor Charlie Baker launched similar regulatory initiatives to phase down HFCs.
  • Regulating Body: Department of Environmental Protection
  • Stated Goal: Same as Climate Alliance
  • Legislation: Proposed HP 1505
    • Comments submitted:
      • March 4, 2020 — AHRI Testimony on HP 1505
  • Regulation in effect: None
  • Rulemakings in progress: None

• Maryland is nearing the final stages of its rulemaking to enact vacated portions of EPA’s SNAP Rules 20 and 21, prohibiting certain HFCs in aerosol propellants, chillers, foam, and stationary refrigeration end-uses.
  • Regulating Body: Maryland Department of the Environment
  • Stated Goal: Statewide goal of reducing GHG emissions 40% by 2030
  • Legislation: None
  • Regulation in effect: None
  • Prohibitions based on manufacture date
  • Rulemakings in progress: HFC Reduction Proposed Regulation and Fact Sheet
    •  
    • Timeline:
      • Regulation published to Maryland Register: July 2020
      • Public Hearing and final comment period: August 2020
      • Official rule adoption:
    • Comments submitted:
      • October 14, 2019 — Pre-rulemaking Comments after Sept 2019 Public Workshop

The Massachusetts Department of Environmental Protection is in the early stages of its rulemaking to adopt vacated portions of SNAP Rules 20 and 21 and to introduce a Refrigerant Management Program for refrigeration equipment with 50 pounds or more of refrigerant as seen in California. AHRI participated in one of MassDEP’s initial stakeholder meetings and provided substantial feedback. MassDEP plans to propose regulations by the end of 2020 to be included in their 2030 Climate Plan.

• Regulating Body: Massachusetts Department of Environmental Protection
• Stated Goal: 25% GHG emission reduction by 2020 according to 2020 Clean Energy and Climate Plan
• Legislation: None
• Regulation in effect: Expected in 2020
• Rulemakings in progress:
  • Link to regulation.
  • Link to supporting document.
  • Public hearing on October 23, 2020 at 10:00 AM EDT.
  • Comments due to MassDEP by 5:00 PM on November 3, 2020
  • Comments submitted
    • December 12, 2019 — Pre-rulemaking comments to MassDEP

On January 21, 2020, New Jersey Governor Phil Murphy (D) signed into law A-5583/S-3919, legislation prohibiting the sale, lease, rent, or installation of certain equipment or products containing HFCs or other greenhouses gases in the state of New Jersey and requiring manufacturers to disclose HFCs and substitutes in their products. The final bill was amended to allow for the use of completeness letters in New Jersey following approval from the Department of Environmental Protection.

• Regulating Body: Department of Environmental Protection
• Stated Goal: 40% reduction vs. 2018 by 2035
• Legislation:
  • A 4775 establishes a Statewide hydrofluorocarbon emission limit and requires DEP to establish hydrofluorocarbon emissions monitoring and reporting program.
  • A-5583/S-3919 implements SNAP Rules 20 and 21 in the State of New Jersey.
    • Comments submitted:
      • December 12, 2019 — AHRI Testimony on NJ A5583
      • November 18, 2019 — AHRI Testimony on NJ S3919
• Regulation in effect: None
• Prohibitions based on use of prohibited substance, including sale, lease, rent, or installation
• Rulemakings in progress: None

The New York Department of Environmental Conservation (DEC) proposes to create a new 6 NYCRR Part 494, Hydrofluorocarbon Standards and Reporting, that would enact vacated portions of EPA’s SNAP Rules 20 and 21 prohibiting certain HFCs in aerosol propellants, chillers, foam, and stationary refrigeration end-uses.

• Regulating Body: Department of Environmental Conservation
• Stated Goal: 20% reduction vs. by 2030
• Legislation: None
• Regulation in effect:
  • 6 NYCRR Part 494, "Hydrofluorocarbon Standards and Reporting
  • Timeline: Published on October 14, 2020
  • Comments submitted: March 16, 2020 — Comments on NY HFC SNAP Rulemaking
• Prohibitions based on manufacture date

On January 27, Oregon Representative Julie Fahey (D-14) introduced House Bill 4024, which directs the Oregon Department of Environmental Quality to develop regulations implementing EPA SNAP Rules 20 and 21 in Oregon.

• Regulating Body: Oregon Department of Environmental Quality
• Stated Goal: Same as U.S. Climate Alliance
• Legislation: Proposed House Bill 4024
  • Comments submitted: February 4, 2020 — AHRI Testimony on Oregon HB 4020
• Regulation in effect: None
• Rulemakings in progress: None

The Rhode Island Department of Environmental Management (DEM) announced that it is preparing to regulate hydrofluorocarbons (HFCs). As part of the regulatory process related to HFCs, DEM will hold workshops with manufacturers and other stakeholders this spring to discuss the proposed regulatory changes. The Department anticipates filing new regulations this summer to phase down these chemicals over time and replace them with less harmful alternatives. The DEM stated that the proposed regulations will be substantially consistent with those being developed by Massachusetts, Maine, and other United States Climate Alliance states to adopt vacated portions of U.S. EPA SNAP Rules 20 and 21.

• Regulating Body: Department of Environmental Management
• Stated Goal: Same as U.S. Climate Alliance
• Legislation: None
• Regulation in effect: None
• Prohibitions based on manufacture date
• Rulemakings in progress:
  • Draft regulatory text. Comments due December 22, 2020.
  • Next stakeholder workshop: December 11, 2020.

The Legislature of the State of Texas introduced legislation that would establish regulations for hydrofluorocarbons under the Texas Clean Air Act. The proposed legislation is substantially consistent with those being developed by other Climate Alliance states to adopt vacated portions of U.S. EPA SNAP Rules 20 and 21.

• Regulating Body: Texas Commission on Environmental Quality
• Stated Goal: Same as U.S. Climate Alliance
• Legislation: SB 125
• Regulation in effect: None
• Rulemakings in progress: None

• The Vermont State Legislature passed S 30 and the bill was signed into law by the Governor on June 17, 2019, implementing the requirements of SNAP Rules 20 and 21. The bill does not include labeling and disclosure requirements. The Vermont Agency of Natural Resources is also taking steps to prepare for the development of rules pursuant to Act 65 (2019): An act relating to the regulation of hydrofluorocarbons (HFCs). Act 65 requires ANR to adopt rules to establish a schedule for the phasedown of the use of HFCs in Vermont.
  • Regulating Body: Agency of Natural Resources
  • Stated Goal: 40% reduction vs. 2013 by 2030
  • Legislation: S. 30
  • Rulemaking: None
  • Regulation: HFC Rulemaking pursuant to Act 65 (2019)
    • Click here to view the draft rule (May 2020) and its Technical Support Document and its Technical Support Document
    • Timeline:
      • File Proposed Rule with Vermont Secretary of State: November 5, 2020
  • Prohibitions based on manufacture date

The Virginia State Legislature passed HB30 and the bill was signed into law by the Governor on May 21, 2020, implementing the requirements of SNAP Rules 20 and 21. The bill does not include labeling and disclosure requirements.

• Regulating Body: Department of Environmental Quality
• Stated Goal: Prohibit the sale, lease, rent, installation or entry into commerce any products or equipment that uses HFCs as restricted in Appendix U and Appendix V of Subpart G of 40 C.F.R. Part 82 (SNAP 20 and 21).
• Legislation: HB30

On November 21, 2019, the Washington State Legislature passed an emergency rulemaking that requires manufacturers, importers, and distributors to notify the agency of the status of each product class utilizing HFCs or other substitutes restricted by the legislation starting on December 31, 2019. On December 10, 2020, the Department of Ecology (Ecology) adopted a permanent rulemaking to address the labeling and disclosure requirements and the implementation of the requirements of SNAP Rules 20 and 21.This labeling rule also modifies the prohibition date for the new and existing vending machine end-use category from January 1, 2020, to January 1, 2022.

• Regulating Body: Department of Ecology
• Stated Goal: 20% reduction vs. by 2030
• Legislation: HB 1112
• Regulation in effect: Emergency Rulemaking Language, Emergency Rulemaking Order CR-103E
  • Labeling and disclosure requirements.
• Prohibitions based on manufacture date
• Rulemakings in progress: Ecology website for Permanent Rulemaking Timeline and Public Workshops
  • Draft Rule Language (March 17, 2020)
  • Timeline
    • Adopt final rule after the October 20, 2020 extension of the emergency rule expires
    • Rule effective 31 days after filing
  • Comments submitted: March 25, 2020 — Comments on March 17 Draft Regulatory Language
• Administrative resources:
  • Initial Reporting Requirements for Emergency Rulemaking
    • Complete notification forms and send to the reporting system
  • Permanent Rule
    • Notify Ecology about their products and equipment that contain hydrofluorocarbons — due when new restrictions apply (2021-2024).
    • Label the product or equipment that contains hydrofluorocarbons.

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