HF 3661

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to environment; requiring reporting of emissions or leakage of
greenhouse gases with high global warming potential; prohibiting sale of certain
refrigerants; requiring reports on reducing greenhouse gas emissions; amending
Minnesota Statutes 2006, section 115.071, subdivision 1; proposing coding for
new law in Minnesota Statutes, chapter 216H.

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

Section 1.

Minnesota Statutes 2006, section 115.071, subdivision 1, is amended to read:

Subdivision 1.

Remedies available.

The provisions of sections 103F.701 to
103F.761, this chapter and chapters 114C, 115A, and 116, and sections new text begin 216H.10 to
216H.15, new text end 325E.10 to 325E.1251 new text begin , new text end and 325E.32 and all rules, standards, orders, stipulation
agreements, schedules of compliance, and permits adopted or issued by the agency
thereunder or under any other law now in force or hereafter enacted for the prevention,
control, or abatement of pollution may be enforced by any one or any combination of
the following: criminal prosecution; action to recover civil penalties; injunction; action
to compel performance; or other appropriate action, in accordance with the provisions
of said chapters and this section.

Sec. 2.

new text begin [216H.07] GREENHOUSE GAS EMISSION REDUCTION
ATTAINMENT; POLICY DEVELOPMENT PROCESS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purpose of this section, "reductions" means the
greenhouse gas emissions reductions goals specified in section 216H.02, subdivision 1.
new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin This section is intended to create a nonexclusive, regular,
mandated process for the state to develop policies to attain the greenhouse gas reduction
goals specified in section 216H.02.
new text end

new text begin Subd. 3. new text end

new text begin Biennial reduction progress report. new text end

new text begin By November 1 of each
even-numbered year, the commissioners of commerce and the Pollution Control Agency
shall jointly report to the chairs and ranking minority members of the legislative
committees with primary policy jurisdiction over energy and environmental issues the
most recent and best available evidence identifying the level of reductions already
achieved and the level necessary to achieve the reduction goals established in section
216H.02. The report must be written in easily understood, nontechnical language.
new text end

new text begin Subd. 4. new text end

new text begin Annual legislative proposal. new text end

new text begin The commissioners of commerce and the
Pollution Control Agency shall annually by November 1 provide to the chairs and ranking
minority members of the legislative committees with primary policy jurisdiction over
energy and environmental issues proposed legislation the commissioners determine
appropriate to achieve the reductions. If the commissioners determine no legislation is
appropriate, they shall report that determination to the chairs along with an explanation of
the determination.
new text end

Sec. 3.

new text begin [216H.10] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin For purposes of sections 216H.10 to 216H.15, the
following terms have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Agency. new text end

new text begin "Agency" means the Pollution Control Agency.
new text end

new text begin Subd. 3. new text end

new text begin Carbon dioxide equivalent. new text end

new text begin "Carbon dioxide equivalent" means the
quantity of carbon dioxide that has the same global warming potential as a given amount
of another greenhouse gas.
new text end

new text begin Subd. 4. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of the Pollution
Control Agency.
new text end

new text begin Subd. 5. new text end

new text begin Global warming. new text end

new text begin "Global warming" means the observed and predicted
increase in the temperature of the atmosphere near the earth's surface and the oceans.
new text end

new text begin Subd. 6. new text end

new text begin Global warming potential or GWP. new text end

new text begin "Global warming potential" or
"GWP" means a quantitative measure of the potential of an emission of a greenhouse
gas to contribute to global warming over a 100-year period expressed in terms of the
equivalent emission of carbon dioxide needed to produce the same 100-year warming
effect, as reported in Fourth Assessment Report: Climate Change 2007, International
Panel on Climate Change.
new text end

new text begin Subd. 7. new text end

new text begin High-GWP greenhouse gas. new text end

new text begin "High-GWP greenhouse gas" means
hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
new text end

new text begin Subd. 8. new text end

new text begin Mobile air conditioner. new text end

new text begin "Mobile air conditioner" means mechanical
vapor compression refrigeration equipment used to cool the passenger compartment of a
motor vehicle.
new text end

new text begin Subd. 9. new text end

new text begin Motor vehicle. new text end

new text begin "Motor vehicle" has the meaning given in section 168.011,
subdivision 4.
new text end

new text begin Subd. 10. new text end

new text begin New motor vehicle. new text end

new text begin "New motor vehicle" has the meaning given in
section 80E.03, subdivision 7.
new text end

new text begin Subd. 11. new text end

new text begin Refrigerant. new text end

new text begin "Refrigerant" means a substance used, sold for use, or
designed and intended for use in a mobile air conditioner to transfer heat out of the space
being cooled.
new text end

Sec. 4.

new text begin [216H.11] HIGH-GWP GREENHOUSE GAS REPORTING.
new text end

new text begin Subdivision 1. new text end

new text begin Gas manufacturers. new text end

new text begin Beginning October 1, 2008, and each year
thereafter, a manufacturer of a high-GWP greenhouse gas must report to the agency the
total amount of each high-GWP greenhouse gas sold to a purchaser in this state during
the previous year.
new text end

new text begin Subd. 2. new text end

new text begin Purchases. new text end

new text begin Beginning October 1, 2008, and each year thereafter, a
person in this state who purchases 100 metric tons or more carbon dioxide equivalent
of a high-GWP greenhouse gas must report to the agency, on a form prescribed by the
commissioner, the total amount of each high-GWP greenhouse gas purchased during the
previous year and the purpose for which the gas was used.
new text end

new text begin Subd. 3. new text end

new text begin Acceptance of federal filing. new text end

new text begin With the approval of the commissioner, this
section may be satisfied by filing with the commissioner a copy of a greenhouse gas
emissions report filed with a federal agency.
new text end

Sec. 5.

new text begin [216H.12] MOBILE AIR CONDITIONER LEAKAGE RATES;
DISCLOSURE.
new text end

new text begin Subdivision 1. new text end

new text begin Leakage disclosure. new text end

new text begin Beginning January 1, 2009, a manufacturer
selling or offering for sale a new motor vehicle in this state containing a mobile air
conditioner that uses the high-GWP greenhouse gas HFC-134a (1,1,1,2-tetrafluoroethane)
as a refrigerant must, 90 days prior to the initial sale or offer for sale, report to the
commissioner the leakage rate, in grams of refrigerant per year, for the type of mobile
air conditioner contained in that make, model, and model year. The leakage rate must be
calculated using the information provided in the most recently published version of the
Society of Automotive Engineers International document J2727, "HFC-134a Mobile
Air Conditioning System Emission Chart." The method by which the leakage rate is
calculated, accounting for each component of the air conditioning unit, must also be
reported to the commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Posting. new text end

new text begin Beginning January 1, 2009, the agency and the Office of the
Attorney General must post on their Web sites:
new text end

new text begin (1) the leakage rate disclosed by a manufacturer under subdivision 1 for each model
and make of new motor vehicle sold or offered for sale in this state; and
new text end

new text begin (2) the following statement: "Vehicle air conditioning systems can leak refrigerants
that contribute to global warming. Some leak more than others. You can use the
information provided in the chart to compare information about the global warming
effects of refrigerant leakage from different makes and models when making a decision to
purchase a vehicle."
new text end

Sec. 6.

new text begin [216H.14] MOBILE AIR CONDITIONER REFRIGERANT;
RESTRICTION.
new text end

new text begin After July 1, 2008, no person may buy or sell a refrigerant designed to be used in a
mobile air conditioner in a container holding less than 15 pounds of refrigerant.
new text end

Sec. 7.

new text begin [216H.15] ENFORCEMENT.
new text end

new text begin Sections 216H.10 to 216H.14 may be enforced under sections 115.071 and 116.072.
new text end

Sec. 8. new text begin REPORT.
new text end

new text begin By February 1, 2009, the commissioner of the Pollution Control Agency shall
submit a report to the chairs and ranking minority members of the senate and house of
representatives committees with primary jurisdiction over environmental policy that
identifies the uses and emissions sources of hydrofluorocarbons, perfluorocarbons, and
sulfur hexafluoride in this state and suggests options for reducing or eliminating those uses
and emissions and the costs of implementing those options.
new text end

Sec. 9. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 8 are effective the day following final enactment.
new text end