HOUSE BILL REPORT

ESHB 2414

BYHouse Committee on Environmental Affairs (originally sponsored by Representatives Rust, D. Sommers, Nelson, Walker, Pruitt, Brekke, Sprenkle, Fraser, Valle, Jacobsen, Van Luven and Phillips)

Regulating ozone-depleting substances.

House Committe on Environmental Affairs

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (12)

      Signed by Representatives Rust, Chair; Valle, Vice Chair; D. Sommers, Ranking Republican Member; Brekke, G. Fisher, Fraser, Phillips, Pruitt, Schoon, Sprenkle, Van Luven 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 as amended by Committee on Appropriations do pass.  (25)

      Signed by Representatives Locke, Chair; Grant, Vice Chair; Silver, Ranking Republican Member; Appelwick, Belcher, Bowman, Braddock, Brekke, Dorn, Doty, Ebersole, Hine, Inslee, May, McLean, Nealey, Padden, Peery, Rust, Sayan, Spanel, Sprenkle, Valle, Wang and Wineberry.

Minority Report:  Do not pass.  (1)

      Signed by Representative Youngsman, Assistant Ranking Republican Member.

House Staff:      Karl Herzog (786-7271)

AS PASSED HOUSE FEBRUARY 13, 1990

BACKGROUND:

The depletion of the stratospheric ozone layer is a phenomenon originally discovered in the 1970s and strongly confirmed in the 1980s.  Ozone is a naturally occurring gas concentrated in the stratosphere, a region approximately 15 miles above the earth's surface.  Stratospheric ozone helps shield the earth's surface from ultra-violet radiation emanating from the sun.

Scientists predict that increased levels of ultra-violet radiation resulting from a reduction in stratospheric ozone will adversely affect the survival and productivity of plants and marine organisms, and increase the incidence of skin cancer and cataracts in humans.  Increased ultra-violet radiation may also suppress the human immune system.

Certain types of human-made chemicals, principally chlorofluorocarbons (CFCs) and halons, catalyze a reaction in the stratosphere that destroys ozone.  This reaction is accelerated in extremely cold environments such as those that exist in the polar regions of the stratosphere.  Ozone depletion over the polar regions is much more extensive than overall depletion measured over the entire earth.  Ozone depletion rates as high as 50 percent have been measured over Antarctica in recent years.  In comparison, worldwide stratospheric ozone has been reduced approximately two to six percent over the past 20 years.

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, including the United States, calls for a freeze in CFC production at 1986 levels, and a 50 percent decrease in production by 1998.  EPA has adopted rules to implement the Protocol in the United States.  These rules restrict the production and consumption of CFCs.

Some scientists have recently noted that the reductions mandated by the Protocol may not be sufficient to adequately protect the earth from stratospheric ozone layer depletion.  Many of the CFCs that have been produced to date are stored in appliances, foam products, and auto air conditioning systems.  Storage of CFCs in this manner has been referred to as the "banking" effect.  There is concern that these CFCs will eventually be released into the atmosphere unless they are recovered and recycled.

The federal government has recently imposed an excise tax on CFCs.  EPA rules do not currently address recovery and recycling of CFCs. Several states, including Hawaii, Oregon, and Vermont, have, over the past year, passed laws that require the development of CFC recovery and recycling programs.

CFC recovery equipment is available from several manufacturers at prices ranging from $1,700 to $15,000.

SUMMARY:

Effective July 1, 1991, persons who service motor vehicle air conditioning systems, commercial air conditioning, heating, or refrigeration systems, or consumer appliances are required to utilize CFC recovery equipment to recover CFCs.  The willful release of CFCs from these sources is prohibited after July 1, 1991.  The following persons are exempt from the recovery requirement:  1) persons who service commercial off-road equipment; 2) motor vehicle wreckers; and 3) scrap processors and hulk haulers.

The sale of several consumer products that contain CFCs is prohibited after January 1, 1991.

The Department of Ecology is directed to adopt rules to enforce the above requirements.

Fiscal Note:      Available.

Effective Date:The bill takes effect on July 1, 1991, for recovery during service, and on January 1, 1991, for consumer product sales prohibition.

House Committee ‑ Testified For:    (Environmental Affairs)  Nancy Pearson, Washington Citizens for Recycling; and Stu Clark, Department of Ecology.

(Appropriations)  Nancy Pearson, Washington Citizens for Recycling; and Jan Gee, Washington Retail Association.

House Committee - Testified Against:      (Environmental Affairs)  No one.

(Appropriations)  No One.

House Committee - Testimony For:    (Environmental Affairs)  CFC recovery equipment is available from over a dozen manufacturers.  The United States should set the example.

(Appropriations)  This bill is needed.  The largest source of CFC emissions are from motor vehicle air conditioners.  This bill would help address that problem.  Most retail stores are already discontinuing the sale of CFC-containing products.

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

(Appropriations)  None.