CERTIFICATION OF ENROLLMENT
ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1050
Chapter 315, Laws of 2021
67th Legislature
2021 Regular Session
HYDROFLUOROCARBONS—EMISSIONS REDUCTION
EFFECTIVE DATE: July 25, 2021—Except for section 8, which takes
effect January 1, 2022.
Passed by the House April 12, 2021 CERTIFICATE
Yeas 56 Nays 42
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
LAURIE JINKINS State of Washington, do hereby
Speaker of the House of certify that the attached is
Representatives ENGROSSED SECOND SUBSTITUTE HOUSE
BILL 1050 as passed by the House of
Representatives and the Senate on
the dates hereon set forth.
Passed by the Senate April 7, 2021
Yeas 30 Nays 19
BERNARD DEAN
DENNY HECK Chief Clerk
President of the Senate
Approved May 17, 2021 2:44 PM FILED
May 18, 2021
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1050
AS AMENDED BY THE SENATE
Passed Legislature - 2021 Regular Session
State of Washington 67th Legislature 2021 Regular Session
By House Appropriations (originally sponsored by Representatives
Fitzgibbon, Ortiz-Self, Leavitt, Duerr, Chopp, Ramel, Peterson,
Goodman, Ryu, Callan, Ramos, Ormsby, Pollet, Stonier, Fey, Macri, and
Bergquist)
READ FIRST TIME 02/15/21.
1 AN ACT Relating to reducing greenhouse gas emissions from
2 fluorinated gases; amending RCW 70A.15.6410, 70A.15.6420,
3 70A.15.6430, 70A.45.080, 19.27.580, 70A.15.1010, 70A.15.3150,
4 70A.15.3160, 19.285.040, 19.27A.220, and 39.26.310; reenacting and
5 amending RCW 70A.45.010; adding a new chapter to Title 70A RCW;
6 creating new sections; recodifying RCW 70A.45.080, 70A.15.6410,
7 70A.15.6420, and 70A.15.6430; and providing an effective date.
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
9 NEW SECTION. Sec. 1. (1) The legislature finds that
10 hydrofluorocarbons are air pollutants that pose significant threats
11 to our environment. Although hydrofluorocarbons currently represent a
12 small proportion of the state's greenhouse gas emissions, emissions
13 of hydrofluorocarbons have been rapidly increasing in the United
14 States and worldwide, and they are hundreds to thousands of times
15 more potent than carbon dioxide. In 2019, the legislature took a
16 significant step towards reducing greenhouse gas emissions from
17 hydrofluorocarbons by transitioning to the use of less damaging
18 hydrofluorocarbons or suitable substitutes in certain new foam,
19 aerosol, and refrigerant uses. However, significant sources of
20 hydrofluorocarbon emissions in Washington remain unaddressed by the
21 2019 legislation, including legacy uses of hydrofluorocarbons as a
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 1 refrigerant in infrastructure that was installed prior to the
2 effective dates of the restrictions in the 2019 law, and from sources
3 like stationary air conditioners and heat pumps that were not covered
4 by the 2019 law.
5 (2) Therefore, it is the intent of the legislature to reduce
6 hydrofluorocarbon emissions, including by:
7 (a) Authorizing the establishment of a maximum global warming
8 potential threshold for hydrofluorocarbons used as a refrigerant;
9 (b) Authorizing the regulation of hydrofluorocarbons in air
10 conditioning and heat pumps;
11 (c) Applying the same basic emission control requirements to
12 hydrofluorocarbons that have long applied to ozone-depleting
13 substances used as refrigerants;
14 (d) Establishing a program to reduce leaks and encourage
15 refrigerant recovery from large refrigeration and air conditioning
16 systems;
17 (e) Directing the state building code council to adopt codes that
18 are consistent with the goal of reducing greenhouse gas emissions
19 associated with hydrofluorocarbons;
20 (f) Establishing a state procurement preference for recycled
21 refrigerants; and
22 (g) Allowing consideration of the global warming potential of
23 refrigerants used in equipment incentivized under utility
24 conservation programs.
25 (3) Furthermore, it is the intent of the legislature that the ice
26 rink used by Seattle's newest hockey franchise, the Seattle Kraken,
27 should be as cold as possible, but also should be refrigerated using
28 climate-friendly refrigerants, so that on opening night of the
29 2021-2022 National Hockey League season, as many fans as possible can
30 simultaneously yell the Pacific Northwest's favorite new phrase:
31 'Release the Kraken!'
32 NEW SECTION. Sec. 2. (1)(a) "Air conditioning" means the
33 process of treating air to meet the requirements of a conditioned
34 space by controlling its temperature, humidity, cleanliness, or
35 distribution.
36 (b)(i) "Air conditioning" includes chillers, except for purposes
37 of section 8 of this act.
38 (ii) "Air conditioning" includes heat pumps.
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 1 (c) "Air conditioning" applies to stationary air conditioning
2 equipment and does not apply to mobile air conditioning, including
3 those used in motor vehicles, rail and trains, aircraft, watercraft,
4 recreational vehicles, recreational trailers, and campers.
5 (2) "Class I substance" and "class II substance" means those
6 substances listed in 42 U.S.C. Sec. 7671a, as of November 15, 1990,
7 or those substances listed in Appendix A or B of Subpart A of 40
8 C.F.R. Part 82, as of January 3, 2017.
9 (3) "Department" means the department of ecology.
10 (4) "Hydrofluorocarbons" means a class of greenhouse gases that
11 are saturated organic compounds containing hydrogen, fluorine, and
12 carbon.
13 (5) "Ice rink" means a frozen body of water, hardened chemicals,
14 or both, including, but not limited to, professional ice skating
15 rinks and those used by the general public for recreational purposes.
16 (6) "Manufacturer" includes any person, firm, association,
17 partnership, corporation, governmental entity, organization, or joint
18 venture that produces any product that contains or uses
19 hydrofluorocarbons or is an importer or domestic distributor of such
20 a product.
21 (7) "Person" means an individual, partnership, franchise holder,
22 association, corporation, a state, a city, a county, or any
23 subdivision or instrumentality of the state.
24 (8) "Refrigeration equipment" or "refrigeration system" means any
25 stationary device that is designed to contain and use refrigerant.
26 "Refrigeration equipment" includes refrigeration equipment used in
27 retail food, cold storage, industrial process refrigeration and
28 cooling that does not use a chiller, ice rinks, and other
29 refrigeration applications.
30 (9) "Regulated refrigerant" means a class I or class II substance
31 as listed in Title VI of section 602 of the federal clean air act
32 amendments of November 15, 1990.
33 (10) "Residential consumer refrigeration products" has the same
34 meaning as defined in section 430.2 of Subpart A of 10 C.F.R. Part
35 430 (2017).
36 (11) "Retrofit" has the same meaning as defined in section 152 of
37 Subpart F of 40 C.F.R. Part 82, as that section existed as of January
38 3, 2017.
39 (12) "Substitute" means a chemical, product, or alternative
40 manufacturing process, whether existing or new, that is used to
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1 perform a function previously performed by a class I substance or
2 class II substance and any chemical, product, or alternative
3 manufacturing process subsequently developed, adapted, or adopted to
4 perform that function including, but not limited to,
5 hydrofluorocarbons. "Substitute" does not include 2-BTP or any
6 compound as applied to its use in aerospace fire extinguishing
7 systems.
8 Sec. 3. RCW 70A.45.010 and 2020 c 79 s 5 are each reenacted and
9 amended to read as follows:
10 The definitions in this section apply throughout this chapter
11 unless the context clearly requires otherwise.
12 (1) "Carbon dioxide equivalents" means a metric measure used to
13 compare the emissions from various greenhouse gases based upon their
14 global warming potential.
15 (2) "Carbon sequestration" means the process of capturing and
16 storing atmospheric carbon dioxide through biologic, chemical,
17 geologic, or physical processes.
18 (3) (("Class I substance" and "class II substance" means those
19 substances listed in 42 U.S.C. Sec. 7671a, as it read on November 15,
20 1990, or those substances listed in Appendix A or B of Subpart A of
21 40 C.F.R. Part 82, as those read on January 3, 2017.
22 (4))) "Climate advisory team" means the stakeholder group formed
23 in response to executive order 07-02.
24 (((5))) (4) "Climate impacts group" means the University of
25 Washington's climate impacts group.
26 (((6))) (5) "Department" means the department of ecology.
27 (((7))) (6) "Director" means the director of the department.
28 (((8))) (7) "Greenhouse gas" and "greenhouse gases" includes
29 carbon dioxide, methane, nitrous oxide, hydrofluorocarbons,
30 perfluorocarbons, sulfur hexafluoride, and any other gas or gases
31 designated by the department by rule.
32 (((9) "Hydrofluorocarbons" means a class of greenhouse gases that
33 are saturated organic compounds containing hydrogen, fluorine, and
34 carbon.
35 (10) "Manufacturer" includes any person, firm, association,
36 partnership, corporation, governmental entity, organization, or joint
37 venture that produces any product that contains or uses
38 hydrofluorocarbons or is an importer or domestic distributor of such
39 a product.
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 1 (11))) (8) "Person" means an individual, partnership, franchise
2 holder, association, corporation, a state, a city, a county, or any
3 subdivision or instrumentality of the state.
4 (((12))) (9) "Program" means the department's climate change
5 program.
6 (((13) "Residential consumer refrigeration products" has the same
7 meaning as defined in section 430.2 of Subpart A of 10 C.F.R. Part
8 430 (2017).
9 (14) "Retrofit" has the same meaning as defined in section 152 of
10 Subpart F of 40 C.F.R. Part 82, as that section existed as of January
11 3, 2017.
12 (15) "Substitute" means a chemical, product substitute, or
13 alternative manufacturing process, whether existing or new, that is
14 used to perform a function previously performed by a class I
15 substance or class II substance and any substitute subsequently
16 adopted to perform that function, including, but not limited to,
17 hydrofluorocarbons. "Substitute" does not include 2-BTP or any
18 compound as applied to its use in aerospace fire extinguishing
19 systems.
20 (16))) (10) "Western climate initiative" means the collaboration
21 of states, Canadian provinces, Mexican states, and tribes to design a
22 multisector market-based mechanism as directed under the western
23 regional climate action initiative signed by the governor on February
24 22, 2007.
25 Sec. 4. RCW 70A.15.6410 and 1991 c 199 s 602 are each amended to
26 read as follows:
27 (1) ((Regulated refrigerant means a class I or class II substance
28 as listed in Title VI of section 602 of the federal clean air act
29 amendments of November 15, 1990.
30 (2))) A person who services or repairs or disposes of a motor
31 vehicle air conditioning system; commercial or industrial air
32 conditioning, heating, or refrigeration system; or consumer appliance
33 shall use refrigerant extraction equipment to recover regulated
34 refrigerants and substitutes that would otherwise be released into
35 the atmosphere. ((This subsection does not apply to off-road
36 commercial equipment.
37 (3))) (2) Upon request, the department shall provide information
38 and assistance to persons interested in collecting, transporting, or
39 recycling regulated refrigerants and substitutes.
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1 (((4))) (3) The willful release of regulated refrigerants and
2 substitutes from a source listed in subsection (((2))) (1) of this
3 section is prohibited.
4 Sec. 5. RCW 70A.15.6420 and 1991 c 199 s 603 are each amended to
5 read as follows:
6 No person may sell, offer for sale, or purchase any of the
7 following:
8 (1) A substitute with a global warming potential of greater than
9 150 or a regulated refrigerant in a container designed for consumer
10 recharge of a motor vehicle air conditioning system or consumer
11 appliance during repair or service((. This subsection does not apply
12 to a regulated refrigerant purchased for the recharge of the air
13 conditioning system of off-road commercial or agricultural equipment
14 and sold or offered for sale at an establishment which specializes in
15 the sale of off-road commercial or agricultural equipment or parts or
16 service for such equipment));
17 (2) Nonessential consumer products that contain
18 hydrofluorocarbons with a global warming potential of greater than
19 150 and chlorofluorocarbons or other ozone-depleting chemicals, and
20 for which ((substitutes)) suitable alternatives are readily
21 available. Products affected under this subsection shall include, but
22 are not limited to, party streamers, tire inflators, air horns, noise
23 makers, and ((chlorofluorocarbon-containing)) cleaning sprays
24 designed for noncommercial or nonindustrial cleaning of electronic or
25 photographic equipment. Products and equipment subject to
26 restrictions on applications or end uses under RCW 70A.45.080 (as
27 recodified by this act) are not nonessential products for which
28 hydrofluorocarbons are restricted under this section.
29 Sec. 6. RCW 70A.15.6430 and 2020 c 20 s 1160 are each amended to
30 read as follows:
31 The department shall adopt rules to implement RCW 70A.15.6410 and
32 70A.15.6420 (as recodified by this act). Rules shall include but not
33 be limited to minimum performance specifications for refrigerant
34 extraction equipment, procedures under which owners or operators of
35 stationary refrigeration equipment and air conditioning equipment
36 subject to the requirements of section 9 of this act must provide the
37 department with information related to their use of regulated
38 refrigerants and substitutes, as well as procedures for enforcing RCW
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1 70A.15.6410 and 70A.15.6420 (as recodified by this act) and section 8
2 of this act.
3 ((Enforcement provisions adopted by the department shall not
4 include penalties or fines in areas where equipment to collect or
5 recycle regulated refrigerants is not readily available.))
6 Sec. 7. RCW 70A.45.080 and 2020 c 20 s 1404 are each amended to
7 read as follows:
8 (1) A person may not offer any product or equipment for sale,
9 lease, or rent, or install or otherwise cause any equipment or
10 product to enter into commerce in Washington if that equipment or
11 product consists of, uses, or will use a substitute, as set forth in
12 appendix U and V, Subpart G of 40 C.F.R. Part 82, as those read on
13 January 3, 2017, for the applications or end uses restricted by
14 appendix U or V of the federal regulation, as those read on January
15 3, 2017, consistent with the deadlines established in subsection (2)
16 of this section. Except where existing equipment is retrofit, nothing
17 in this subsection requires a person that acquired a restricted
18 product or equipment prior to the effective date of the restrictions
19 in subsection (2) of this section to cease use of that product or
20 equipment. Products or equipment manufactured prior to the applicable
21 effective date of the restrictions specified in subsection (2) of
22 this section may be sold, imported, exported, distributed, installed,
23 and used after the specified effective date.
24 (2) The restrictions under subsection (1) of this section for the
25 following products and equipment identified in appendix U and V,
26 Subpart G of 40 C.F.R. Part 82, as those read on January 3, 2017,
27 take effect beginning:
28 (a) January 1, 2020, for:
29 (i) Propellants;
30 (ii) Rigid polyurethane applications and spray foam, flexible
31 polyurethane, integral skin polyurethane, flexible polyurethane foam,
32 polystyrene extruded sheet, polyolefin, phenolic insulation board,
33 and bunstock;
34 (iii) Supermarket systems, remote condensing units, and stand-
35 alone units((, and vending machines));