SB 370

Current law imposes certain restrictions on ozone-depleting refrigerants

(ODRs) used in air conditioners for motor vehicles and motor vehicle trailers. The

restrictions prohibit the sale of an ODR in a container holding less than 15 pounds

of the ODR. Unless certain requirements are satisfied, the restrictions also prohibit

repairing such an air conditioner, if the repair may release ODRs, and installing or

servicing such an air conditioner, if the air conditioner contains ODRs. The

requirements that must be satisfied to perform such work include training or

certification requirements established by the Department of Agriculture, Trade and

Consumer Protection (DATCP) that the individual who performs the work must

satisfy, as well as requirements for removing and recycling the ODRs. Current law

also authorizes DATCP to promulgate rules providing that any of the foregoing

restrictions also apply to substances used as substitutes for ODRs (ODR

substitutes).

This bill creates exceptions to DATCP's rule-making authority regarding ODR

substitutes. Under the bill, DATCP may not promulgate rules that prohibit the sale

of an ODR substitute in a container holding less than 15 pounds of the ODR

substitute. In addition, the bill prohibits DATCP from promulgating rules

regulating an individual's noncommerical use of an ODR substitute that is sold in

such a container.