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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
codes; ordinances; use of refrigerants.
Purpose
Prohibits municipalities and counties from adopting a code, ordinance or general or specific plan provision that prohibits the use of refrigerants listed as acceptable in the Clean Air Act (Act).
Background
Federal law requires, to the maximum extent practicable, chemicals, product substitutes or alternative manufacturing processes that reduce overall risks to human health and the environment to replace class I and class II substances (42 U.S.C. § 7671k). The initial list of class I substances includes specified chlorofluorocarbons and halons, carbon tetrachloride and methyl chloroform, as well as the isomers of the substances, other than 1, 1, 2-trichloroethane. The initial list of class II substances includes specified hydrochlorofluorocarbons and their isomers.
The Administrator of the U.S. Environmental Protection Agency (U.S. EPA) must add, by rule: 1) to the list of class I substances, any substance that causes or contributes significantly to harmful effects on the stratospheric ozone layer or that has an ozone depletion potential of 2.0 or greater; and 2) to the list of class II substances, any substance that is known or may be reasonably anticipated to cause or contribute to harmful effects on the stratospheric ozone layer (42 U.S.C. § 7671a). The U.S. EPA Accelerated Phaseout final rule identified methyl bromide and hydrobromofluorocarbons as additional class I substances. The U.S. EPA Chlorobromomethane Phaseout final rule identified chlorobromomethane as an additional class I substance (U.S. EPA). The U.S. EPA Significant New Alternatives Policy lists acceptable substitutes for phased out refrigerants (U.S. EPA).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a municipality or county from adopting a code, ordinance or general or specific plan provision, in part or in full, that restricts the use of refrigerants listed as acceptable in the Act, if the equipment used is listed and installed in accordance with the conditions prescribed in the Act.
2. Makes technical changes.
3. Becomes effective on the general effective date.
Prepared by Senate Research
January 31, 2022
RC/MAH/slp