S-1733

AN ACT Relating to protecting the stratospheric ozone layer by eliminating unnecessary emissions of ozone-depleting chemicals; adding new sections to chapter 70.94 RCW; and creating new sections.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that it is the policy of the state to reduce or eliminate as quickly as possible the release of chlorofluorocarbons and other ozone-depleting chemicals contributing to the destruction of stratospheric ozone.

NEW SECTION. Sec. 2. A new section is added to chapter 70.94 RCW to read as follows:

(1) After January 1, 1993, no person may perform service on motor vehicle air conditioners; commercial or industrial air conditioning, heating, or refrigeration systems; or consumer appliances unless that person uses refrigerant collection equipment to recover regulated refrigerant that would otherwise be released into the atmosphere. This subsection does not apply to off-road commercial equipment.

(2) The department shall investigate and wherever possible facilitate the development of equipment to be used by small businesses to collect refrigerant in containers that can be transported to centralized, privately operated facilities to be reclaimed and packaged for reuse. The department shall advise potentially affected small businesses of the availability of such collection equipment and reclaiming facilities. The department shall begin advising small businesses of this information on or before September 1, 1992. By January 1, 1993, the equipment required by subsection (1) of this section shall be in use in all governmental agencies and private businesses involved in the activities described in subsection (1) of this section.

(3) After October 1, 1991, no person may sell any chlorofluorocarbon coolant in containers smaller than fifteen pounds unless the container bears a warning label indicating the product's danger to ozone in the stratosphere.

(4) After January 1, 1992, no person may sell or offer for sale:

(a) Chlorofluorocarbon coolant, suitable for use in motor vehicle air conditioners, for noncommercial or nonindustrial use; or

(b) Chlorofluorocarbon coolant, suitable for use in motor vehicle air conditioners, in containers smaller than fifteen pounds.

(5) No motor vehicle with a model year designation of 1997 or thereafter may be registered in the state or sold to a consumer or dealer in the state if the vehicle is equipped with an air conditioning unit using chlorofluorocarbons. This prohibition may be delayed by not more than one model year upon a determination by the department of ecology that chemical or technological alternatives to chlorofluorocarbon-based products are not yet available, or that manufacturers of new motor vehicles require additional time to redesign air conditioning units.

(6) After January 1, 1992, no person may sell or offer to sell fire extinguishers containing halons or other ozone-depleting substances for noncommercial or nonindustrial use. Sales to fire departments, for their own use, is not prohibited.

(7) After January 1, 1992, no person may sell or offer to sell:

(a) Chlorofluorocarbon cleaning sprays for noncommercial or nonindustrial usage in cleaning electronic and photographic equipment;

(b) Chlorofluorocarbon-propelled plastic party streamers; or

(8) The department shall adopt rules by March 1, 1992, to require the use of equipment that meets standards established by the Underwriters Laboratory, Inc., or a comparable institution, for recovery and recycling of chlorofluorocarbon coolant during the servicing of building air conditioning or large refrigeration units, if that equipment is portable and suitable for those purposes.

NEW SECTION. Sec. 3. By January 15, 1992, the department shall report to the appropriate legislative committees on:

(1) An analysis of the uses within the state of ozone-depleting chemicals;

(2) The advantages and disadvantages of alternatives to those chemicals, both in terms of impacts on the ozone and in terms of other health and environmental impacts;

(3) Opportunities for recovery and recycling of these chemicals;

(4) Any rules proposed under section 2(8) of this act; and

(5) Any appropriate recommendations for action by the state.

NEW SECTION. Sec. 4. The department, by January 15, 1992, shall report to the appropriate legislative committees with recommendations for the systematic retrieval, storage, and appropriate reuse of chlorofluorocarbons that face immediate disposal from refrigerators, air conditioners, and motor vehicles. This report shall consider, but shall not be limited to considering, regional chlorofluorocarbon removal centers, circuit riding chlorofluorocarbon removal equipment, or other appropriate procedures or equipment.

NEW SECTION. Sec. 5. The governor is requested to negotiate with other interested states to attempt to develop cooperative regional agreements to work toward the early elimination of ozone-depleting chemicals.

NEW SECTION. Sec. 6. A new section is added to chapter 70.94 RCW to read as follows:

The department shall work with retailers, automotive business groups, and other pertinent groups to publicize the provisions in section 2 of this act.

NEW SECTION. Sec. 7. If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1991, in the omnibus appropriations act, this act shall be null and void.