AN ACT Relating to stratospheric ozone depletion; amending RCW 70.94.030; adding new sections to chapter 70.94 RCW; creating a new section; and providing effective dates.

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

NEW SECTION. Sec. 1. The legislature finds that:

(1) The release of chlorofluorocarbons and other ozone-depleting chemicals into the atmosphere contributes to the destruction of stratospheric ozone and threatens plant and animal life with harmful overexposure to ultraviolet radiation;

(2) The technology and equipment to extract and recover chlorofluorocarbons and other ozone-depleting chemicals from air conditioners, refrigerators, and other appliances are available;

(3) A number of nonessential consumer products contain ozone-depleting chemicals; and

(4) Unnecessary releases of chlorofluorocarbons and other ozone-depleting chemicals from these sources should be eliminated.

Sec. 2. Section 3, chapter 232, Laws of 1957 as last amended by section 33, chapter 109, Laws of 1987 and RCW 70.94.030 are each amended to read as follows:

Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter shall have the following meanings:

(1) "Air contaminant" means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substance, or any combination thereof.

(2) "Air pollution" is presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities and of such characteristics and duration as is, or is likely to be, directly or indirectly injurious to human health, plant or animal life, or property, or which unreasonably interfere with enjoyment of life and property.

(3) "Person" means and includes an individual, firm, public or private corporation, association, partnership, political subdivision, municipality or government agency.

(4) "Authority" means any air pollution control agency whose jurisdictional boundaries are coextensive with the boundaries of one or more counties.

(5) "Board" means the board of directors of an authority.

(6) "Control officer" means the air pollution control officer of any authority.

(7) "Emission" means a release into the outdoor atmosphere of air contaminants.

(8) "Department" means the state department of ecology.

(9) "Ambient air" means the surrounding outside air.

(10) "Multicounty authority" means an authority which consists of two or more counties.

(11) "Emission standard" means a limitation on the release of a contaminant or multiple contaminants into the ambient air.

(12) "Air quality standard" means an established concentration, exposure time and frequency of occurrence of a contaminant or multiple contaminants in the ambient air which shall not be exceeded.

(13) "Air quality objective" means the concentration and exposure time of a contaminant or multiple contaminants in the ambient air below which undesirable effects will not occur.

(14) "Consumer appliances" means any device or piece of equipment designed for household use that uses or contains regulated refrigerant, including, but not limited to, refrigerators, air conditioners, heat pumps, and freezers.

(15) "Regulated refrigerant" means:

(a) A refrigerant that contains chlorofluorocarbon-11, chlorofluorocarbon-12, chlorofluorocarbon-114, or chlorofluorocarbon-115; and

(b) Any other refrigerant that contributes significantly to the destruction of stratospheric ozone, as determined by the department.

(16) "Off-road commercial equipment" means:

(a) A motor vehicle for which licensure is not required under Title 46 RCW; or

(b) A crane or similar piece of heavy equipment used commercially in the construction or silvacultural industry which is mobile but not self-propelled and which is designed for use out-of-doors and not as a part or component of any permanent structure or facility.

NEW SECTION. Sec. 3. A new section is added to chapter 70.94 RCW to read as follows:

(1) A person who services or repairs a motor vehicle air conditioning system; commercial or industrial air conditioning, heating, or refrigeration system; or consumer appliance shall use refrigerant extraction 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 willful release of regulated refrigerant from any source listed in subsection (1) of this section is prohibited.

(3) This section shall not apply to a motor vehicle wrecker licensed under chapter 46.80 RCW or to a scrap processor or hulk hauler licensed under chapter 46.79 RCW.

NEW SECTION. Sec. 4. A new section is added to chapter 70.94 RCW to read as follows:

No person may sell, offer for sale, or purchase any of the following:

(1) A regulated refrigerant in a container designed for consumer recharge of a motor vehicle air conditioning system or consumer appliance during repair or service. This subsection does not apply to a regulated refrigerant purchased for the recharge of the air conditioning system of off-road commercial equipment and sold or offered for sale at an establishment which specializes in the sale of off-road commercial equipment or parts or service for such equipment;

(2) A cleaning spray designed for noncommercial or nonindustrial cleaning of electronic or photographic equipment that contains chlorofluorocarbons or other ozone-depleting chemicals; and

(3) Nonessential consumer products that contain chlorofluorocarbons or other ozone-depleting chemicals, and for which substitutes are readily available. Products affected under this subsection shall include, but are not limited to, party streamers, tire inflators, air horns, and noise makers.

NEW SECTION. Sec. 5. A new section is added to chapter 70.94 RCW to read as follows:

The department shall adopt rules to implement sections 3 and 4 of this act. Rules shall include minimum performance specifications for refrigerant extraction equipment, and procedures for enforcing sections 3 and 4 of this act.

NEW SECTION. Sec. 6. Section 3 of this act shall take effect on July 1, 1991. Section 4 of this act shall take effect on January 1, 1991.