BILL NUMBER: AB 1373 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Assembly Member Skinner
FEBRUARY 27, 2009
An act to add Chapter 11.1 (commencing with Section 25970) to
Division 15 of the Public Resources Code, relating to global warming.
LEGISLATIVE COUNSEL'S DIGEST
AB 1373, as amended, Skinner. Global warming potential (GWP):
refrigerants.
Existing law requires the State Energy Resources Conservation and
Development Commission to adopt a regulation prescribing standards
for minimum levels of operating efficiency to promote the use of
energy and water efficient appliances. The commission is required
to prescribe building design and construction, and energy and water
conservation standards for residential and nonresidential buildings
(building standards).
This bill would enact the California Refrigeration and
Air-Conditioning Improvement Innovation
Review Act of 2009 and would require the commission by December
1, 2011 , as a part of the revision of the buildings
standards in 2011 and using existing staff and funds , to
develop and to conduct, in consultation with the State Air
Resources Board, a plan study
containing specified elements to phase out the Use
assess the potential to dramatically reduce the use and
emissions of high-global warming potential (GWP) compounds, as
defined, in the commercial stationary
refrigeration and air-conditioning industry by January 1,
2020 . The bill would require the commission, on or
before January 1, 2012, to submit to the Legislature and to post on
its Internet Web site the findings and results of the study. The bill
would authorize the commission to use funds, to the extent they are
available, to develop programs encouraging the installation of
reduced high-GWP charge systems and dedicated low-GWP systems for
stationary refrigeration and air-conditioning units. The bill would
authorize the board to use certain fees, to the extent they are
available, to develop programs encouraging the installation of
reduced high-GWP charge systems and dedicated low-GWP systems for
stationary refrigeration and air-conditioning units, and programs to
reduce or prevent the emissions of high-GWP compounds
.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Global warming caused by emissions of greenhouse gases
continues to pose a serious threat to the economic well-being, public
health, natural resources, and environment of California.
(b) Due to their nature, gases that possess a high global warming
potential (GWP) value represent a significant source of
emissions even when released in small volumes. affect
climate c hange several orders of magnitude more
than carbon dioxide
(c) While high-GWP gases are used in a variety of applications
, commercial such as in refrigeration,
air-conditioning, and food and medicine preservation, stationary
refrigeration and air-conditioning systems are projected
to represent the single largest source of high-GWP gas
emissions in California in 2020 , an amount roughly
equivalent to 30 million metric tons of carbon dioxide equivalents.
(d) Although alternative technologies with significantly
decreased refrigerant charges and lower GWP value gases do
exist and are being used for commercial for
stationary refrigeration and air-conditioning purposes
outside the United States , widespread use has not
occurred either in California or nationally.
(e) Foreign Some foreign governments
have begun to require urged the phase
out of the use of high-GWP gases in commercial
refrigeration and air-conditioning units.
(f) Even though phasing out dramatically
reducing the use of high-GWP compounds from commercial
stationary refrigeration and air-conditioning
units in California could provide significant emissions reductions
and energy efficiency benefits , detailed
consideration of potential regulatory approaches, safety,
technology applicability and availability, energy efficient
tradeoffs , expected economic impact and possible incentive
programs is valuable to plan a successful transition away
from the use of high-GWP compounds ensure the state's
goals are aligned .
(g) While it is within the existing authority of the State Energy
Resources Conservation and Development Commission to set appliance
and building standards for energy use,
legislative direction to create a plan to phase out high-GWP gases
from California refrigeration and air-conditioning units would assist
the state's transition to long-term greenhouse gas emissions
reductions. it is also within the commission's
authority to consider environmental impacts, including, but not
limited to, impacts on global warming.
(h) While it is within the State Air Resources Board's authority
to establish regulations to reduce greenhouse gases, an in-depth
assessment of the statewide regulatory options, and potential impacts
of those options, to dramatically reduce emissions of high-GWP gases
would assist the board's effort to adopt a maximum technologically
feasible and cost-effective approach.
SEC. 2. Chapter 11.1 (commencing with Section 25970) is added to
Division 15 of the Public Resources Code, to read:
CHAPTER 11.1. REFRIGERATION AND AIR-CONDITIONING
25970. This chapter shall be known and may be cited as the
California Refrigeration and Air-Conditioning Improvement
Innovation Review Act of 2009.
25970.5. (a) On or before December 1, 2011, the commission shall
develop a plan to phase out the use of high-GWP compounds in the
commercial refrigeration and air-conditioning industry by January 1,
2020. The plan shall include, but is not limited to, all of the
following:
(1) Identification of barriers to phasing out the use of high-GWP
compounds within California commercial refrigeration and
air-conditioning units, including, but not limited to, potential
economic impacts on California's economy, existing incentive
programs, existing laws and regulations, and technology availability.
(2) New incentive programs to promote the market adoption of
alternatives to the high-GWP compounds used in California commercial
refrigeration and air-conditioning units.
(3) Comparisons of potential approaches to accelerate the adoption
of alternative commercial refrigeration and air-conditioning
technology in California.
(b) For the purposes of this section, "high-GWP" means a global
warming potential that is greater than 150 carbon dioxide equivalent.
25970.5. (a) For the purposes of this chapter the following terms
have the following meanings:
(1) "Dedicated low-GWP system" means stationary refrigeration and
air-conditioning equipment containing zero-GWP gases.
(2) "High-GWP" means a global warming potential that is greater
than 150 carbon dioxide equivalents.
(3) "Low-GWP" means a global warming potential that is less than
or equal to 150 carbon dioxide equivalents.
(4) "Reduced high-GWP charge system" means stationary
refrigeration and air-conditioning equipment with a gas charge at
least 40 percent below the business as usual charge rate for
equipment of a particular size, use, and function.
(b) On or before December 1, 2011, as part of the revisions of the
regulations prescribed pursuant to Section 25402 in 2011, the
commission shall, to the extent allowable utilizing existing staff
and funding, develop and conduct a study to assess the potential to
dramatically reduce the use and emissions of high-GWP compounds in
the stationary refrigeration and air-conditioning industry in
California. The study shall include, but is not limited to, all of
the following:
(1) An analysis of the nexus between energy efficiency and direct
greenhouse gas emissions within stationary refrigeration and
air-conditioning systems and an assessment of the energy efficiency
of low-GWP systems.
(2) An analysis of the current technological status of stationary
refrigerant and air-conditioning systems using low-GWP materials and
their potential for use in California.
(3) An analysis of the economic costs at the consumer and state
level associated with low-GWP installation. The analysis shall
include, but is not limited to, the costs of manufacturing, equipment
operation and maintenance, personnel training, and equipment
importation.
(4) An analysis of the safety of low-GWP materials.
(5) Identification of existing laws, codes, regulations, and
incentive programs pertinent to the safety and energy efficiency of
stationary refrigeration and air-conditioning systems.
(6) An analysis of how existing laws, codes, regulations, and
incentive programs can be modified to promote the use of low-GWP
refrigerants and systems that use low-GWP refrigerants in stationary
refrigeration and air-conditioning systems.
(7) Recommendations for new incentive programs and pilot programs
to promote the use of low-GWP refrigerants and systems that use
low-GWP refrigerants in stationary refrigeration and air-conditioning
systems.
(8) An assessment of the potential for adoption of reduced
high-GWP charge systems and dedicated low-GWP systems in stationary
refrigeration and air-conditioning units in California by 2020.
(c) The commission shall conduct the study in coordination with
the State Air Resources Board to ensure all of the following:
(1) The State Air Resources Board has the opportunity to
participate in the development and preparation of the findings of the
study.
(2) The State Air Resources Board has the opportunity to coauthor
a portion of the final report concerning the environmental impact of
refrigerants, refrigeration systems or air-conditioning systems,
including, but not limited to, impacts on climate change and ambient
air quality.
(3) Meetings between appointed representatives of the commission
and of the State Air Resources Board, shall be held no less
frequently than once every other month between January 1, 2010, and
the completion of the final report. The executive director of the
commission and of the State Air Resources Board shall appoint a
representative for his or her agency, respectively.
(4) The study is conducted and finalized in an open and public
process, with meaningful opportunity for the public to participate
prior to release of the final report.
(d) On or before January 1, 2012, the commission shall submit to
the Legislature and post on its Internet Web site the findings and
results of the study.
(e) The commission may utilize existing funds, to the extent they
are available, to perform both of the following:
(1) Develop incentive programs to promote the installation of
reduced high-GWP charge systems and dedicated low-GWP systems for
stationary refrigeration and air-conditioning units in California.
(2) Develop pilot projects within California to install reduced
high-GWP charge systems and dedicated low-GWP stationary
refrigeration and air-conditioning units.
(f) The State Air Resources Board may use funds, to the extent
they are available, generated from fees assessed on high-GWP
refrigerants used for stationary refrigeration and air-conditioning
units and on stationary refrigeration and air-conditioning units
containing high-GWP compounds to do all of the following:
(1) Develop incentive programs to promote the installation of
reduced high-GWP charge systems and dedicated low-GWP systems for
stationary refrigeration and air-conditioning units in California.
(2) Develop pilot projects within California to install reduced
high-GWP charge systems and dedicated low-GWP systems.
(3) Develop worker training programs to promote the installation
of reduced high-GWP charge systems and dedicated low-GWP systems in
California.
(4) Develop programs to reduce or prevent the emissions of
high-GWP compounds to the atmosphere from in-use and retired
stationary refrigeration and air-conditioning units, The programs may
include, but are not limited to, worker training for inspection and
maintenance of in-use equipment, destruction of high-GWP compounds,
and creation of protocols to quantify reduction of emissions.