SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2173
As Amended by Senate Committee on
Commerce

Brief*
HB 2173, as amended, would prohibit any state agency
or local unit of government from prohibiting or restricting the
use of any refrigerant approved for use under federal Safe
Alternatives Policy (42 U.S. Code Section 7671k) or its
enacting regulations when the refrigerant is installed and
used in accordance with federal law.
Any rule, regulation, resolution, ordinance, or building
code in violation of the prohibition would be declared null and
void.
The bill would be in effect upon publication in the
Kansas Register.

Background
The bill was introduced by the House Committee on
Commerce, Labor and Economic Development at the request
of Representative Kessler.

House Committee on Commerce, Labor and Economic
Development
In the House Committee hearing, proponent testimony
was offered by a representative of the Air-Conditioning,
Heating, and Refrigeration Institute, stating the bill would
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
avoid a situation where the only federally approved
refrigerants were prohibited by state or local units of
government.
Written-only proponent testimony was provided by a
representative of Johnson Controls.
Opponent testimony was provided by a representative
of the League of Kansas Municipalities, stating the bill would
encroach on areas of public health regulation that are most
appropriately left to local units of government.
Written-only opponent testimony was provided by
representatives of the City of Overland Park and Kansas
Association of Counties.

Senate Committee on Commerce
In the Senate Committee hearing, proponent testimony
was provided by a representative of the Air-Conditioning,
Heating, and Refrigeration Institute, stating the bill would
avoid a situation where the only federally approved
refrigerants were prohibited by state or local units of
government.
Written-only proponent testimony was provided by a
representative of the Kansas Building Industry Association.
Written-only opponent testimony was provided by a
representative of the Kansas Association of Counties.
No other testimony was provided.
The Senate Committee amended the bill to make it
effective upon publication in the Kansas Register.


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Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Kansas Association
of Counties indicates enactment of the bill could have a fiscal
impact on counties who have building codes declared null
and void by the bill. The League of Kansas Municipalities
indicates the bill would have no fiscal effect on cities. Any
fiscal effect associated with the bill is not reflected in The FY
2024 Governor’s Budget Report.


Refrigerants; building codes; federal approval


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