ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature Second Regular Session
	Senate: NREW DP 9-0-0-0 | 3^rd Read 28-0-2-0 House: NREW DP 12-0-0-0 | 3^rd Read 56-1-3-0

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SB1376: codes; ordinances; use of refrigerants.

Sponsor: Senator Gray, LD  21

Transmitted to the Governor

Overview

Prohibits a municipality or county from adopting any regulatory provisions that prohibit using acceptable alternative refrigerants listed in the Clean Air Act (CAA) if the equipment used is listed and installed in compliance with the CAA's requirements. 

History

Regulating Refrigerants under the Clean Air Act

In 1990, the CAA was amended to comply with the Montreal Protocol by requiring a gradual phase-down of certain ozone depleting substances that were commonly used as refrigerants in air conditioners, refrigerators, chillers and freezers (42 U.S.C. § 7671, 42 U.S.C. § 7671c and 42 U.S.C. § 7671d). These refrigerants were required to be replaced with alternative substances, such as hydrofluorocarbons (HFCs), that reduce risks to human health and the environment. The Environmental Protection Agency (EPA) is responsible for identifying and maintaining a list of these safer alternative substances, which includes updating this list in response to petitions (42 U.S.C. § 7671k). For example, the EPA recently listed six refrigerants as acceptable alternative substances that were classified under the A2L subgroup by the American Society of Heating, Refrigerating and Air-Conditioning Engineers Standard (86 Federal Register 24444).

The American Innovation and Manufacturing Act amended the CAA in 2020 to gradually phase out the production and consumption of certain regulated substances including HFCs. This act also directed the EPA to promulgate regulations for how to service, repair, dispose or install equipment that involves a regulated substance, a substitute for that substance or reclaiming a regulated substance or its substitute (42 U.S.C. § 7675). The EPA recently adopted a rule that set HFC production and consumption baselines for this phasedown, allowances for certain applications of HFCs, and enforcement and compliance provisions (86 Federal Register 55116).

International Code Council and A2L Refrigerants

The International Code Council, which establishes model codes and standards for buildings, has taken initial steps to approve allowing A2L refrigerants in its 2024 International Building Code, International Fire Code and International Mechanical Code. Previous versions of these codes, which have been adopted by many cities, towns and counties in Arizona, do not allow the use of these newly approved A2L refrigerants.

Provisions

1. Prohibits municipalities and counties from enacting regulatory provisions that prohibit using acceptable alternative refrigerants listed in the CAA if the equipment used is listed and installed in compliance with the CAA's requirements. (Sec. 1 and 2)

2. Makes technical changes. (Sec. 2)

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6.                   SB 1376

7. Initials PAB/KM    Page 0 Transmitted

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