SF 3319

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to environment; requiring reporting of purchases and sales of certain
gases; requiring disclosure of leakage rates of air conditioners in motor vehicles;
requiring the use of certain refrigerants in mobile air conditioners under certain
circumstances; prohibiting the sale of certain refrigerants; requiring a report;
amending Minnesota Statutes 2006, sections 13.7411, by adding a subdivision;
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 13.7411, is amended by adding a
subdivision to read:

new text begin Subd. 10. new text end

new text begin Greenhouse gas reporting. new text end

new text begin Data received by the Pollution Control
Agency regarding the purchase and sale of greenhouse gases under section 216H.11
are classified under that section.
new text end

Sec. 2.

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. 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 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. 5. 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 a greenhouse gas to contribute
to global warming over a period of 100 years, relative to an equivalent mass of carbon
dioxide, as measured in Third Assessment Report: Climate Change, International Panel on
Climate Change (2001).
new text end

new text begin Subd. 6. new text end

new text begin Greenhouse gas. new text end

new text begin "Greenhouse gas" means carbon dioxide,
hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.
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 a gas
with a global warming potential exceeding 20, as measured in Third Assessment Report:
Climate Change, International Panel on Climate Change (2001).
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 pounds or more carbon dioxide equivalent of a high-GWP
greenhouse gas must report to the agency, on a form prescribed by the commissioner of the
Pollution Control Agency, 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 Data disclosure. new text end

new text begin Data reported under this section by a manufacturer is
classified as nonpublic data, as defined in section 13.02, subdivision 9, except that the
agency may release the data in summary form in which individual manufacturers are not
identified and from which neither the manufacturers' identities nor any other characteristic
that could uniquely identify an individual manufacturer is ascertainable.
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 of the Pollution Control Agency 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 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.13] MOTOR VEHICLE SALES; REQUIREMENT.
new text end

new text begin Two years after the commissioner of commerce has determined that a manufacturer
has sold or offered for sale at least 1,000 units of a motor vehicle containing an air
conditioner that uses a refrigerant with a GWP less than 150, the manufacturer may not
sell or offer for sale as a new vehicle in this state a substantially equivalent make and
model of the motor vehicle that contains an air conditioner that uses a refrigerant with a
GWP of 150 or greater.
new text end

Sec. 7.

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. 8.

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

new text begin Sections 1 to 9 are effective the day following final enactment.
new text end