SB 536

Current state law imposes various requirements on the use of ozone-depleting

refrigerants (ODRs) in motor vehicle air conditioners, including prohibiting a person

from installing or servicing a motor vehicle air conditioner containing an ODR unless

the person holds an annual certification issued by the Department of Agriculture,

Trade and Consumer Protection (DATCP). Current state law also allows DATCP to

charge an applicant for annual certification a surcharge if DATCP determines that

the person violated the certification requirement prior to applying for certification.

In addition, current state law requires DATCP to promulgate rules establishing

qualifications for persons who use equipment for removing or recycling ODRs from

motor vehicle air conditioners. The qualifications may include training and

certification requirements. Also under current state law, a person may sell new or

reclaimed ODRs for use in motor vehicle air conditioners only to resellers and

persons holding annual certifications. Current state law also requires persons to

transfer unreclaimed ODRs that are removed from motor vehicle air conditioners to

either reclamation facilities recognized by DATCP or to persons holding annual

certifications.

Current federal law also regulates the use of ODRs, including prohibiting a

person from servicing a motor vehicle air conditioner unless the person is "properly

trained and certified," which is defined as training and certification in conformity

with standards established by the federal Environmental Protection Agency (EPA).

This bill eliminates DATCP's duty to promulgate rules establishing

qualifications for persons who use equipment for removing or recycling ODRs from

motor vehicle air conditioners. The bill also eliminates the requirement for DATCP

to issue the annual certifications described above. Instead, the bill prohibits a person

from servicing a motor vehicle air conditioner containing an ODR unless the person

is properly trained and certified as specified by the EPA. In addition, under the bill,

a person may sell ODRs for use in motor vehicle air conditioners only to resellers and

persons who are so properly trained and certified. Also, the bill allows persons to

transfer unreclaimed ODRs removed from motor vehicle air conditioners only to

DATCP-recognized reclamation facilities or to persons who are so properly trained

and certified.