H-1284              _______________________________________________

                                          SUBSTITUTE HOUSE BILL NO. 1123

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By House 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)

Read first time 1/30/89 and referred to Committee on Appropriations.

AN ACT Relating to chlorofluorocarbons and other ozone depleting chemicals; adding a new section to chapter 70.94 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.     The legislature finds that the release of chlorofluorocarbons into the atmosphere contributes to the destruction of stratospheric ozone; that stratospheric ozone absorbs ultra-violet radiation emitted by the sun and helps protect plant and animal life from harmful overexposure to ultra-violet radiation; that once released, chlorofluorocarbons persist for as long as one hundred years in the atmosphere; and that technologies to recapture, recycle, or eliminate the use of chlorofluorocarbons exist or are being developed.  Therefore, the legislature declares that in the interests of environmental protection and public health, it shall be the policy of the state to reduce or eliminate as quickly as possible all chlorofluorocarbon emissions from the state.

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

          (1) The department of ecology shall determine the best management practices for reducing or eliminating releases of chlorofluorocarbons into the atmosphere from sources within Washington state.  In determining the best management practices the department shall:

          (a) Compile an inventory of all chlorofluorocarbon producers and users in the state, including, for chlorofluorocarbons used in the state, the rates of recapture, recycling, and release into the atmosphere;

          (b) Examine available technologies for the recapture and recycling of chlorofluorocarbons;

          (c) Assess the availability of products that may be substituted for chlorofluorocarbons;

          (d) Estimate the costs of recapturing and recycling chlorofluorocarbons, and the costs of substituting alternative products;

          (e) Examine possible funding sources to cover the costs estimated in (d) of this subsection; and

          (f) Consider the applicability of other state, federal, and international laws, accords, or agreements relating to the reduction or elimination of chlorofluorocarbon emissions to Washington state.

          (2) (a) The department shall establish by rule state-wide minimum control standards to reduce or eliminate chlorofluorocarbon releases into the atmosphere from sources within the state including:

          (i) Industrial, manufacturing, and other commercial sources; and

          (ii) Refrigerators, heat exchange systems, and motor vehicle air conditioning systems.

          (b) In adopting standards, the department shall consider:

          (i) A phased implementation schedule that reduces possible adverse economic impacts on businesses in the state; and

          (ii) Information gathered in the determination of best management practices under subsection (1) of this section.

          (3) The department of ecology shall report to the appropriate standing committees of the legislature on the best management practices for reducing or eliminating the release of chlorofluorocarbons into the atmosphere by December 1, 1989, and on any rules adopted pursuant to subsection (2) of this section by December 1, 1990.

          (4) As used in this section, "chlorofluorocarbons" means chlorofluorocarbon-11, chlorofluorocarbon-12, chlorofluorocarbon-113, methyl chloroform, and halon 1301.