HOUSE BILL REPORT

ESHB 1123

BYHouse Committee on Environmental Affairs (originally sponsored by Representatives Rust, D. Sommers, Valle, May, Pruitt, Nelson, Ferguson, R. Fisher, Wang, Kremen, Brekke, Sprenkle, Brough and Phillips)

Regulating chlorofluorocarbons, and other ozone-depleting chemicals.

House Committe on Environmental Affairs

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (10)

      Signed by Representatives Rust, Chair, Valle, Vice Chair, D. Sommers, Ranking Republican Member, Brekke, Fraser, Phillips, Pruitt, Schoon, Sprenkle and Walker.

House Staff:Karl Herzog (786-7271)

Rereferred House Committee on Appropriations

Majority Report:  The substitute bill by Committee on Environmental Affairs be substituted therefor and the substitute bill do pass. (19)

      Signed by Representatives Locke, Chair; Grant, Vice Chair; Appelwick, Belcher, Braddock, Brekke, Bristow, Dorn, Ebersole, Ferguson, Hine, May, Perry, Rust, Sayan, Spanel, Sprenkle, Valle and Wang.

Minority Report:  Do not pass. (7)

      Signed by Representatives Silver, Ranking Minority Member; Youngsman, Assistant Ranking Minority Member; Bowman, Doty, McLean, Nealey and Padden.

House Staff:      Nancy Stevenson (786-7136)

AS PASSED HOUSE MARCH 9, 1989

BACKGROUND:

Chlorofluorocarbons (CFCs) are human-made chemicals used as refrigerants, cleaning solvents, aerosol propellants, and polystyrene blowing agents.  CFCs are non-toxic, non-flammable, non-corrosive, and stable chemicals in the lower atmosphere, where they can persist for up to 100 years.  Because of their longevity, CFCs eventually rise into the upper atmosphere, where they break down from intense solar radiation. The chlorine and bromine atoms released during this breakdown catalyze the destruction of stratospheric ozone.

Stratospheric ozone, concentrated in an "ozone layer" approximately 15 miles above the earth's surface, helps shield the earth from ultra-violet radiation from the sun.  Studies have shown reductions in stratospheric ozone of between two and six percent over the past 20 years.  The actual rate of ozone depletion varies with latitude and season, with the greatest losses occurring over the earth's polar regions during the springtime. Ozone depletion rates as high as 50 percent have been measured over Antarctica in recent years.

Increased levels of ultra-violet radiation resulting from a reduction in stratospheric ozone may affect the survival and productivity of plants and marine organisms, and could increase the risk of skin cancer and cataracts in humans.  Increased ultra-violet radiation reaching the earth's surface may also suppress the human immune system.

In 1978, the U.S. Environmental Protection Agency (EPA) restricted the use of CFCs in most aerosol applications. The Montreal Protocol on Substances that Deplete the Ozone Layer (Protocol), an international agreement signed by over 30 nations and ratified by the United States in 1988, calls for a freeze in CFC production at 1986 levels, and a 50 percent decrease in production by 1998.  EPA, under authority of the Federal Clean Air Act, has adopted rules implementing the Protocol in the United States. EPA rules limit the production and consumption of ozone depleting chemicals, by implementing an allocated quota system.  EPA has not adopted rules to directly control CFC releases into the atmosphere.

SUMMARY:

The Department of Ecology (Ecology) must determine the best management practices for reducing or eliminating releases of specified ozone depleting chemicals into the atmosphere from sources within Washington State.  In determining the best management practices, Ecology must: (1) inventory CFC producers and users in the state; (2) examine available technologies for recapturing and recycling CFCs; (3) assess the availability of CFC substitutes; (4) estimate the costs of recapturing and recycling CFCs, and the costs of substituting alternative products; (5) evaluate possible funding sources to cover these costs; and (6) consider all international agreements and federal laws relating to reducing or eliminating CFC releases.

Ecology must report to appropriate standing committees of the legislature on the best management practices and proposed rules for reducing or eliminating CFC emissions in the state by December 1, 1989, and on any rules adopted to control releases by December 1, 1990.

Fiscal Note:      Available.

House Committee ‑ Testified For:    (Environmental Affairs) Don Bockelman, Citizens Alert; Stu Clark, Department of Ecology, Ian Bauer, Washington Middle School; Kathie Bauer, Washington Environmental Council.

(Appropriations) None Presented.

House Committee - Testified Against:      (Environmental Affairs) None Presented.

(Appropriations) Robert Austin, Society of the Plastics Industry.

House Committee - Testimony For:    (Environmental Affairs) This bill will help protect future generations, and is necessary in order to reduce adverse biological effects on plants, animals, and humans.

(Appropriations) None Presented.

House Committee - Testimony Against:      (Environmental Affairs) None Presented.

(Appropriations) The Montreal Protocol and Environmental Protection Agency limits on production of CFC's are sufficient. Substitute chemicals take a long time to develop.  State and local legislation is not needed.