An Act To Limit the Use of Hydrofluorocarbons To Fight Climate Change”
Maine Legislature, Session 129, LD 2112
Committee Amendment CA_A_H783 (House)
Amends: 38 MRSA §1612

COMMITTEE AMENDMENT “      ” to H.P. 1505, L.D. 2112, Bill, “An Act To 
Limit the Use of Hydrofluorocarbons To Fight Climate Change”
Amend the bill by striking out everything after the enacting clause and inserting the 
following:
'Sec. 1.  38 MRSA §1612 is enacted to read:
§1612.  Hydrofluorocarbon use restrictions
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Aerosol propellant" means a compressed gas or vapor contained in a container 
that, upon release of pressure and expansion through a valve, carries another 
substance from the container as a mist or spray.
B.  "Air conditioning equipment" means chillers designed for the comfort cooling of 
occupied spaces.
C.  "Built-in household refrigerator or freezer" means a refrigerator, refrigerator-
freezer or freezer designed for residential use that:
(1)  Has 7.75 cubic feet or greater total volume and 24 inches or less depth not 
including doors, handles and custom front panels;
(2) Has sides that are not finished and are not designed to be visible after 
installation; 
(3)  Is designed, intended and marketed exclusively to be installed completely 
encased by cabinetry or panels that are attached during installation and securely 
fastened to adjacent cabinetry, walls or floor; and
(4)  Is equipped with an integral factory-finished face or that accepts a custom 
front panel.
Date: 
(Filing No. H-          )
COMMITTEE AMENDMENT “      ” to H.P. 1505, L.D. 2112
COMMITTEE AMENDMENT
D.  "Capital cost" means an expense incurred in the production of goods or in the 
rendering of services, including, but not limited to, the cost of engineering; the cost of 
the purchase and installation of components or systems and instrumentation; and 
contractor and construction fees.
E.  "Centrifugal chiller" means air conditioning equipment that uses a centrifugal 
compressor in a vapor-compression refrigeration cycle and is designed for comfort 
cooling.  "Centrifugal chiller" does not include air conditioning equipment used for 
industrial process cooling and refrigeration.
F.  "Cold storage warehouse" means a cooled facility designed to store meat, produce, 
dairy products and other products prior to the delivery of those products to other 
locations for sale to the ultimate consumer.
G.  "Compact household refrigerator or freezer" means a refrigerator, refrigerator-
freezer or freezer designed for residential use that has a total refrigerated volume of 
less than 7.75 cubic feet.
H.  "Component" means a part of a refrigeration system, including, but not limited to, 
a condensing unit, compressor, condenser, evaporator or receiver and all of the 
refrigeration system's connections and subassemblies without which the refrigeration 
system would not properly function or would be subject to failure.
I.  "End use" means a process or class of specific applications within an industry 
sector.
J.  "Flexible polyurethane" means a nonrigid synthetic foam containing polymers of 
urethane radicals, including, but not limited to, foam used in furniture, bedding, chair 
cushions and shoe soles.
K.  "Foam-blowing agent" or "foam" means a product or substance used to produce a 
product with a cellular structure formed via a foaming process, including materials 
that undergo hardening or phase transition, such as polymers and plastics.
L.  "Heat pump" means a device designed for the comfort heating or cooling of 
residential or commercial spaces, whether air sourced, water sourced or ground 
sourced, including, but not limited to, a mini-split heat pump.
M.  "Household refrigerator or freezer" means a refrigerator, refrigerator-freezer, 
freezer or miscellaneous residential refrigeration appliance that is designed for 
residential use.  "Household refrigerator or freezer" does not include a compact 
household refrigerator or freezer or a built-in household refrigerator or freezer.
N.  "Integral skin polyurethane" means a synthetic self-skinning foam containing 
polymers of urethane radicals, including, but not limited to, foam used in shoe soles 
and automobile steering wheels and dashboards.
O.  "Light duty vehicle" has the same meaning as "car" or "light duty truck," as 
defined in Title 5, section 1812-E.
P.  "Metered dose inhaler" means a device that delivers a measured amount of 
medication as a mist that an individual can inhale and that consists of a pressurized 
canister of medication in a case with a mouthpiece.
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Q.  "Miscellaneous residential refrigeration appliance" means a residential 
refrigeration appliance that is smaller than a refrigerator, refrigerator-freezer or 
freezer and that is designed for residential use, including, but not limited to, a cooler, 
a cooler compartment and a combination cooler-refrigeration or cooler-freezer 
product.
R.  "New" means, with regard to a product or equipment:
(1)  A product or equipment that is manufactured after the date of an applicable 
prohibition under subsection 2; or
(2)  Equipment that is substantially modified after the date of an applicable 
prohibition under subsection 2 such that the capital cost of the modification 
exceeds 50% of the cost of replacing the entire system of which that equipment is 
a part of.
S.  "Phenolic insulation board" means phenolic insulation, including, but not limited 
to, insulation used for roofing and walls.
T.  "Phenolic insulation bunstock" means phenolic insulation that is a large solid box-
like structure formed during the production of polystyrene insulation and that can be 
cut into specific custom lengths and shapes.
U.  "Polyolefin" means foam sheets and tubes made of polyolefin.
V.  "Polystyrene extruded boardstock and billet" means a foam formed from styrene 
polymers that is produced on extruding machines in the form of continuous foam 
slabs that can be cut and shaped into panels to be used for insulation of roofing, 
walls, flooring and pipes.
W.  "Polystyrene extruded sheet" means polystyrene foam including foam used for 
packaging and buoyancy or flotation, including, but not limited to, foam made into 
food-service items, such as hinged polystyrene containers, food trays, plates, bowls 
and retail egg containers.
X.  "Positive displacement chiller" means a vapor compression cycle chiller that uses 
a positive displacement compressor and is typically used for commercial comfort air 
conditioning.  "Positive displacement chiller" does not include a chiller used for 
industrial process cooling and refrigeration.
Y.  "Refrigerant gas" or "refrigerant" means a substance, including blends and 
mixtures of substances, that is used for heat transfer purposes.
Z.  "Refrigerated food processing and dispensing equipment" means retail food 
refrigeration equipment that is designed to process and dispense food and beverages 
that are intended for immediate or near-immediate consumption, including, but not 
limited to, chilled and frozen beverages, ice cream and whipped cream.  "Refrigerated 
food processing and dispensing equipment" does not include water coolers or units 
designed to exclusively cool and dispense water.
AA.  "Refrigeration equipment" means a stationary device that is designed to contain 
and use refrigerant gas to establish or maintain colder than ambient temperatures in a 
confined space, including, but not limited to, retail food refrigeration equipment, a 
household refrigerator or freezer and a cold storage warehouse.
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COMMITTEE AMENDMENT
BB.  "Remote condensing unit" means retail food refrigeration equipment that has a 
central condensing portion and may consist of one or more compressors, condensers 
or receivers assembled into a single unit, which may be located outside a retail sales 
area, including, but not limited to, such units that are commonly installed in 
convenience stores, specialty shops such as bakeries or butcher shops, supermarkets, 
restaurants and other locations where food is stored, served or sold.
CC.  "Residential use" means use by an individual of a substance, or a product 
containing a substance, in or around a permanent or temporary household, during 
recreation or for any personal use or enjoyment.  "Residential use" does not include 
use within a household for commercial or medical applications or use in automobiles, 
watercraft or aircraft.
DD.  "Retail food refrigeration equipment" means equipment designed to store and 
display chilled or frozen goods for commercial sale, including, but not limited to, 
stand-alone units, refrigerated food processing and dispensing equipment, remote 
condensing units, supermarket systems and vending machines.
EE.  "Retrofit" means to replace the refrigerant contained in refrigeration equipment 
with a different refrigerant, including, but not limited to any related modifications to 
the refrigeration equipment required to maintain its operation and reliability 
following refrigerant replacement.
FF.  "Rigid polyurethane and polyisocyanurate laminated boardstock" means 
laminated board insulation made with polyurethane or polyisocyanurate foam, 
including insulation for roofing and walls.
GG.  "Rigid polyurethane appliance foam" means polyurethane insulation foam used 
in domestic appliances.
HH.  "Rigid polyurethane high-pressure 2-component spray foam" means a foam 
product that is:
(1)  Pressurized to 800 to 1,600 pounds per square inch during manufacture;
(2)  Sold in pressurized containers as 2 parts; and 
(3)  Blown and applied in situ using high-pressure pumps to propel the foam, 
regardless of whether such application involves the use of liquid blowing agents 
without an additional propellant.
II.  "Rigid polyurethane in commercial refrigeration" means polyurethane insulation 
for pipes, walls and metal doors in retail food refrigeration equipment.
JJ.  "Rigid polyurethane low-pressure 2-component spray foam" means a foam 
product that is:
(1)  Pressurized to less than 250 pounds per square inch during manufacture;
(2)  Sold in pressurized containers as 2 parts; and 
(3)  Typically applied in situ using a gaseous foam-blowing agent as a propellant 
without the use of pumps.
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KK.  "Rigid polyurethane marine flotation foam" means buoyancy or flotation foam 
used in boat and ship manufacturing for both structural and flotation purposes.
LL.  "Rigid polyurethane one-component foam sealant" means a foam packaged in 
aerosol cans that is applied in situ using a gaseous foam-blowing agent that is also the 
propellant.
MM.  "Rigid polyurethane sandwich panels" means polyurethane insulation 
sandwiched between outer structural layers and used as insulation for walls and metal 
doors, including garage doors.
NN.  "Rigid polyurethane slabstock" means a rigid closed-cell foam containing 
polymers of urethane radicals formed into slabstock insulation for panels and pipes.
OO.  "Stand-alone low-temperature unit" means a stand-alone unit that maintains 
food or beverages at temperatures at or below 32 degrees Fahrenheit.
PP.  "Stand-alone medium-temperature unit" means a stand-alone unit that maintains 
food or beverages at temperatures above 32 degrees Fahrenheit.
QQ.  "Stand-alone unit" means a retail refrigerator, freezer or reach-in cooler, 
whether open or with doors, that has fully integrated refrigeration components and a 
refrigeration circuit that may be completely brazed or welded and that is fully 
charged with refrigerant during manufacture and typically requires only an electricity 
supply to begin operation.
RR.  "Substance" means any chemical or blend of chemicals intended for an end use.
SS.  "Supermarket system" means a multiplex or centralized retail food refrigeration 
equipment system that is designed to cool or refrigerate and that operates using racks 
of compressors installed in a machinery room, including both a direct and an indirect 
system.
TT.  "Use" with regard to a use of a substance, includes, but is not limited to, use in a 
manufacturing process or product in the State; consumption for an end use in the 
State; and use in an intermediate application in the State, such as formulation or 
packaging for other subsequent applications.  "Use" does not include residential use 
but does include manufacturing for the purpose of residential use.
UU.  "Vending machine" means self-contained retail food refrigeration equipment 
that dispenses goods that must be kept cold or frozen.
2.  Prohibitions.  Except as provided in subsection 3 and in accordance with rules 
adopted by the department pursuant to this section, a person may not sell, lease, rent, 
install or enter into commerce in the State any product or equipment that uses or will use 
the following specified substances that are hydrofluorocarbons with high global warming 
potential for the following specified air conditioning, refrigeration, foam or aerosol 
propellant end uses.
A.  Beginning July 1, 2021, or 180 days after the adoption of rules by the department 
to implement this section, whichever is later:
COMMITTEE AMENDMENT “      ” to H.P. 1505, L.D. 2112
COMMITTEE AMENDMENT
(1)  For aerosol propellants in new products, the following substances are 
prohibited:  HFC-125, HFC-134a, HFC-227ea and blends of HFC-227ea and 
HFC-134a;
(2)  For new compact household refrigerators or freezers, the following 
substances are prohibited:  FOR12A, FOR12B, HFC-134a, KDD6, R-
125/290/134a/600a (55.0/1.0/42.5/1.5), R-404A, R-407C, R-407F, R-410A, R-
410B, R-417A, R-421A, R-421B, R-422A, R-422B, R-422C, R-422D, R-424A, 
R-426A, R-428A, R-434A, R-437A, R-438A, R-507A, RS-24 (2002 
formulation), RS-44 (2003 formulation), SP34E and THR-03;
(3)  For retrofitted supermarket systems, the following substances are prohibited:  
R-404A, R-407B, R-421B, R-422A, R-422C, R-422D, R-428A, R-434A and R-
507A;
(4)  For new supermarket systems, the following substances are prohibited:  
HFC-227ea, R-404A, R-407B, R-421B, R-422A, R-422C, R-422D, R-428A, R-
434A and R-507A;
(5)  For retrofitted remote condensing units, the following substances are 
prohibited:  R-404A, R-407B, R-421B, R-422A, R-422C, R-422D, R-428A, R-
434A and R-507A;
(6)  For new remote condensing units, the following substances are prohibited:  
HFC-227ea, R-404A, R-407B, R-421B, R-422A, R-422C, R-422D, R-428A, R-
434A and R-507A;
(7)  For retrofitted stand-alone units, the following substances are prohibited:  R-
404A and R-507A;
(8)  For new stand-alone medium-temperature units, the following substances are 
prohibited:  FOR12A, FOR12B, HFC-134a, HFC-227ea, KDD6, R-
125/290/134a/600a (55.0/1.0/42.5/1.5), R-404A, R-407A, R-407B, R-407C, R-
407F, R-410A, R-410B, R-417A, R-421A, R-421B, R-422A, R-422B, R-422C, 
R-422D, R-424A, R-426A, R-428A, R-434A, R-437A, R-438A, R-507A, RS-24 
(2002 formulation), RS-44 (2003 formulation), SP34E and THR-03;
(9)  For new stand-alone low-temperature units, the following substances are 
prohibited:  HFC-227ea, KDD6, R-125/290/134a/600a (55.0/1.0/42.5/1.5), R-
404A, R-407A, R-407B, R-407C, R-407F, R-410A, R-410B, R-417A, R-421A, 
R-421B, R-422A, R-422B, R-422C, R-422D, R-424A, R-428A, R-434A, R-
437A, R-438A, R-507A and RS-44 (2003 formulation);
(10)  For new refrigerated food processing and dispensing equipment, the 
following substances are prohibited:  HFC-227ea, KDD6, R-125/290/134a/600a 
(55.0/1.0/42.5/1.5), R-404A, R-407A, R-407B, R-407C, R-407F, R-410A, R-
410B, R-417A, R-421A, R-421B, R-422A, R-422B, R-422C, R-422D, R-424A, 
R-428A, R-434A, R-437A, R-438A, R-507A and RS-44 (2003 formulation);
(11)  For retrofitted vending machines, the following substances are prohibited:  
R-404A and R-507A;
COMMITTEE AMENDMENT “      ” to H.P. 1505, L.D. 2112
COMMITTEE AMENDMENT
(12)  For new rigid polyurethane and polyisocyanurate laminated boardstock, the 
following substances are prohibited:  HFC-134a, HFC-245fa, HFC-365mfc and 
any blends of those substances;
(13)  For new flexible polyurethane, the following substances are prohibited:  
HFC-134a, HFC-245fa, HFC-365mfc and any blends of those substances;
(14)  For new integral skin polyurethane, the following substances are prohibited:  
HFC-134a, HFC-245fa, HFC-365mfc and any blends of those substances; 
Formacel TI; and Formacel Z-6;
(15)  For new polystyrene extruded sheet, the following substances are 
prohibited:  HFC-134a, HFC-245fa, HFC-365mfc and any blends of those 
substances; Formacel TI; and Formacel Z-6;
(16)  For new phenolic insulation board and new phenolic insulation bunstock, 
the following substances are prohibited:  HFC-143a, HFC-134a, HFC-245fa, 
HFC-365mfc and any blends of those substances;
(17)  For new rigid polyurethane slabstock and other new rigid polyurethane, the 
following substances are prohibited:  HFC-134a, HFC-245fa, HFC-365mfc and 
any blends of those substances; Formacel TI; and Formacel Z-6;
(18)  For new rigid polyurethane appliance foam, the following substances are 
prohibited:  HFC-134a, HFC-245fa, HFC-365mfc and any blends of those 
substances; Formacel TI; and Formacel Z-6;
(19)  For new rigid polyurethane in commercial refrigeration and new rigid 
polyurethane sandwich panels, the following substances are prohibited:  HFC-
134a, HFC-245fa, HFC-365mfc and any blends of those substances; Formacel 
TI; and Formacel Z-6;
(20)  For new polyolefin, the following substances are prohibited:  HFC-134a, 
HFC-245fa, HFC-365mfc and any blends of those substances; Formacel TI; and 
Formacel Z-6; and
(21)  For new rigid polyurethane one-component foam sealants, the following 
substances are prohibited:  HFC-134a, HFC-245fa and any blends of those 
substances; blends of HFC-365mfc with at least 4% HFC-245fa; commercial 
blends of HFC-365mfc with 7% to 13% HFC-227ea and the remainder HFC-
365mfc; and Formacel TI.
B.  Beginning January 1, 2022:
(1)  For new household refrigerators or freezers, the following substances are 
prohibited:  FOR12A, FOR12B, HFC-134a, KDD6, R-125/290/134a/600a 
(55.0/1.0/42.5/1.5), R-404A, R-407C, R-407F, R-410A, R-410B, R-417A, R-
421A, R-421B, R-422A, R-422B, R-422C, R-422D, R-424A, R-426A, R-428A, 
R-434A, R-437A, R-438A, R-507A, RS-24 (2002 formulation), RS-44 (2003 
formulation), SP34E and THR-03;
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COMMITTEE AMENDMENT
(2)  For new vending machines, the following substances are prohibited:  
FOR12A, 
FOR12B, 
HFC-134a, 
KDD6, 
R-125/290/134a/600a 
(55.0/1.0/42.5/1.5), R-404A, R-407C, R-410A, R-410B, R-417A, R-421A, R-
422B, R-422C, R-422D, R-426A, R-437A, R-438A, R-507A, RS-24 (2002 
formulation) and SP34E
(3)  For new rigid polyurethane marine flotation foam, the following substances 
are prohibited:  HFC-134a, HFC-245fa, HFC-365mfc and any blends of those 
substances; Formacel TI; and Formacel Z-6;
(4)  For new polystyrene extruded boardstock and billet, the following substances 
are prohibited:  HFC-134a, HFC-245fa, HFC-365mfc and any blends of those 
substances; Formacel TI; Formacel B; and Formacel Z-6;
(5)  For new rigid polyurethane high-pressure 2-component spray foam, the 
following substances are prohibited:  HFC-134a, HFC-245fa and any blends of 
those substances; blends of HFC-365mfc with at least 4% HFC-245fa; 
commercial blends of HFC-365mfc with 7% to 13% HFC-227ea and the 
remainder HFC-365mfc; and Formacel TI; and
(6)  For new rigid polyurethane low-pressure 2-component spray foam, the 
following substances are prohibited:  HFC-134a, HFC-245fa and any blends of 
those substances; blends of HFC-365mfc with at least 4% HFC-245fa; 
commercial blends of HFC-365mfc with 7% to 13% HFC-227ea and the 
remainder HFC-365mfc; and Formacel TI.
C.  Beginning January 1, 2023:
(1)  For new cold storage warehouses, the following substances are prohibited:  
HFC-227ea, R-125/290/134a/600a (55.0/1.0/42.5/1.5), R-404A, R-407A, R-
407B, R-410A, R-410B, R-417A, R-421A, R-421B, R-422A, R-422B, R-422C, 
R-422D, R-423A, R-424A, R-428A, R-434A, R-438A, R-507A and RS-44 (2003 
composition); and
(2)  For new built-in household refrigerators or freezers, the following substances 
are prohibited:  FOR12A, FOR12B, HFC-134a, KDD6, R-125/290/134a/600a 
(55.0/1.0/42.5/1.5), R-404A, R-407C, R-407F, R-410A, R-410B, R-417A, R-
421A, R-421B, R-422A, R-422B, R-422C, R-422D, R-424A, R-426A, R-428A, 
R-434A, R-437A, R-438A, R-507A, RS-24 (2002 formulation), RS-44 (2003 
formulation), SP34E and THR-03.
D.  Beginning January 1, 2024:
(1)  For new centrifugal chillers, the following substances are prohibited:  
FOR12A, FOR12B, HFC-134a, HFC-227ea, HFC-236fa, HFC-245fa, R-
125/134a/600a (28.1/70/1.9), R-125/290/134a/600a (55.0/1.0/42.5/1.5), R-404A, 
R-407C, R-410A, R-410B, R-417A, R-421A, R-422B, R-422C, R-422D, R-
423A, R-424A, R-434A, R-438A, R-507A, RS-44 (2003 composition) and THR-
03; and
(2)  For new positive displacement chillers, the following substances are 
prohibited:  FOR12A, FOR12B, HFC-134a, HFC-227ea, KDD6, R-
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COMMITTEE AMENDMENT
125/134a/600a (28.1/70/1.9), R-125/290/134a/600a (55.0/1.0/42.5/1.5), R-404A, 
R-407C, R-410A, R-410B, R-417A, R-421A, R-422B, R-422C, R-422D, R-
424A, R-434A, R-437A, R-438A, R-507A, RS-44 (2003 composition), SP34E 
and THR-03.
3.  Exemptions.  In accordance with rules adopted by the department pursuant to this 
section, the following exemptions apply to the prohibitions in subsection 2.
A.  Except in the case of retrofitted products or equipment regulated under this 
section, the prohibitions in this section do not apply to the use of a product or 
equipment regulated under this section that is acquired by a person prior to the date of 
an applicable prohibition under subsection 2 on the selling, leasing, renting, installing 
or entering into commerce in the State of that product or equipment.
B.  A product or equipment regulated under this section that is manufactured prior to 
the date of an applicable prohibition under subsection 2 on the selling, leasing, 
renting, installing or entering into commerce in the State of that product or equipment 
may be sold in, imported into, exported from, distributed in, installed in and used in 
the State after that date.
C.  The department may approve a waiver request submitted by a person to allow that 
person to sell, lease, rent, install or enter into commerce in the State for a period of 
not more than 2 years a product or equipment that is otherwise prohibited from sale, 
lease, rental, installation or entry into commerce pursuant to this section and the rules 
adopted pursuant to this section.  The department shall adopt rules establishing the 
process by which a person may submit such a waiver request and the criteria to be 
used by the department in assessing and approving or denying such waiver requests.  
The department shall require a person submitting such a waiver request to pay to the 
department a reasonable fee to cover the department's costs in assessing and 
approving or denying such waiver requests.
D.  Heat pumps are not subject to the prohibitions in this section.
E.  The following end uses of the substance HFC-134a are not subject to the 
prohibitions in this section:
(1)  As an aerosol propellant in new cleaning products designed to remove 
grease, flux and other soils from electrical equipment; 
(2)  For new refrigerant flushes;
(3)  In a new product for sensitivity testing of smoke detectors; 
(4)  As a new lubricant or freeze spray for electrical equipment or electronics; 
(5)  As a new spray for aircraft maintenance purposes;
(6)  As a new spray containing corrosion preventive compounds that is used in 
the maintenance of aircraft, electrical equipment, electronics or military 
equipment; 
(7)  As a new pesticide for use near electrical wires, in aircraft, in total release 
insecticide foggers or in certified organic use pesticides for which the federal 
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Environmental Protection Agency has specifically disallowed all other lower 
global warming potential propellants;
(8)  As a new mold release agent or mold cleaner; 
(9)  As a new lubricant or cleaner for spinnerets for synthetic fabrics; 
(10)  As a new duster spray specifically used for the removal of dust from 
photographic negatives, semiconductor chips, specimens under electron 
microscopes and energized electrical equipment; 
(11)  As a new adhesive or sealant in canisters for commercial use;
(12)  As a new document preservation spray;
(13)  As a new wound care spray, new topical cooling spray for pain relief or  
new product for removing bandage adhesives from skin; and
(14)  As a new air conditioning refrigerant for military marine vessels when the 
department has determined that reasonable efforts have been made to ascertain 
that other alternatives are not technically feasible due to performance or safety 
requirements.
F.  The substances HFC-134a, HFC-227ea and blends of HFC-227ea and HFC-134a 
are not subject to the prohibitions in this section when used as an aerosol propellant 
for new metered dose inhalers approved by the United States Department of Health 
and Human Services, Food and Drug Administration for medical purposes.
G.  The substances HFC-134a and R-404A are not subject to the prohibitions in this 
section when used as a new air conditioning refrigerant in spacecraft intended for 
human occupancy and related support equipment when the department has 
determined that reasonable efforts have been made to ascertain that other alternatives 
are not technically feasible due to performance or safety requirements.
H.  Until January 1, 2022, the prohibitions in this section do not apply to new foams, 
excluding rigid polyurethane one-component foam sealants, when used in military 
applications when the department has determined that reasonable efforts have been 
made to ascertain that other alternatives are not technically feasible due to 
performance or safety requirements.
I.  Until January 1, 2025, the prohibitions in this section do not apply to:
(1)  New foams, excluding rigid polyurethane one-component foam sealants, 
when used in space-related and aeronautics-related applications when the 
department has determined that reasonable efforts have been made to ascertain 
that other alternatives are not technically feasible due to performance or safety 
requirements; and
(2)  New rigid polyurethane high-pressure 2-component spray foams and new 
rigid polyurethane low-pressure 2-component spray foams, when used in military 
or space-related and aeronautics-related applications when the department has 
determined that reasonable efforts have been made to ascertain that other 
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alternatives are not technically feasible due to performance or safety 
requirements.
4.  Record keeping.  In accordance with rules adopted by the department pursuant to 
this section, a person that manufactures for sale or entry into commerce in the State a 
product or equipment regulated under this section shall maintain for 5 years, and shall 
make available to the department upon request, records sufficient to demonstrate that the 
product or equipment does not contain any substances prohibited for an applicable end 
use regulated under this section or that the product or equipment is exempt from the 
prohibitions in this section pursuant to subsection 3.
5.  Venting prohibition.  In accordance with rules adopted by the department, a 
person may not intentionally or knowingly vent or otherwise release into the environment 
any prohibited substance identified pursuant to subsection 2 when maintaining, servicing, 
repairing or disposing of a product or equipment regulated under this section that was 
sold, leased, rented, installed or entered into commerce in the State prior to the date of an 
applicable prohibition under subsection 2 for that product or equipment.  The prohibition 
under this subsection does not apply to a person who causes such a release if that release 
is de minimis and the person caused the release while engaged in a good faith attempt to 
recycle or recover the prohibited substance in a product or equipment regulated under this 
section.
6.  Rulemaking.  The department shall adopt rules to implement this section.  
A.  In its initial adoption of rules to implement this section, the department may not 
regulate a substance or end use not specifically identified in this section.  Subsequent 
to that initial adoption of rules, the department may amend its adopted rules to 
regulate 
or 
exempt, 
consistent 
with 
this 
section, 
substances 
that 
are 
hydrofluorocarbons with high global warming potential and air conditioning, 
refrigeration, foam or aerosol propellant end uses that are not specifically identified 
in this section or for other purposes consistent with this section.
B.  Prior to adopting or amending rules to implement this section, the department 
shall consult with the Department of Public Safety, Office of the State Fire Marshal 
regarding the effects of any proposed rules on safety-related requirements and 
restrictions in state or local building codes and in other related state laws and rules.
C.  The department may not adopt by rule a prohibition pursuant to this section that is 
applicable to new light duty vehicles unless a substantially similar prohibition has 
been adopted in another state and is in effect in that other state. 
D.  If, pursuant to the federal Clean Air Act, 42 United States Code, Section 7671k, 
the United States Environmental Protection Agency approves a hydrofluorocarbon 
blend with a global warming potential of 750 or less for foam blowing of polystyrene 
extruded boardstock and billet or rigid polyurethane low-pressure 2-component spray 
foam, the department shall as necessary and as soon as is practicable, initiate 
rulemaking to amend its rules adopted pursuant to this section to address that federal 
action.
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.' 
COMMITTEE AMENDMENT “      ” to H.P. 1505, L.D. 2112
COMMITTEE AMENDMENT
SUMMARY
This amendment replaces the bill and provides that, in accordance with rules adopted 
by the Department of Environmental Protection, a person may not sell, lease, rent, install 
or enter into commerce in the State a product or equipment that uses or will use certain 
specified substances that are hydrofluorocarbons with high global warming potential for 
certain specified air conditioning, refrigeration, foam or aerosol propellant end uses.  
Those specified substances and specified end uses that are prohibited under the 
amendment, as well as specified exemptions to those prohibitions, are identical or 
substantially similar to those provided for in the bill, except that:
1.  For all substances and end uses for which a prohibition under the bill is effective 
January 1, 2021, the amendment provides an effective date for that prohibition of July 1, 
2021 or 180 days after the adoption of rules by the department, whichever is later;
2.  It removes language regarding regulation of the use of prohibited products and 
equipment and provides that the prohibitions do not apply to the use of regulated products 
or equipment acquired by a person prior to the effective date of an applicable prohibition 
and that regulated products and equipment manufactured prior to the effective date of an 
applicable prohibition may be sold in, imported into, exported from, distributed in, 
installed in and used in the State after that effective date;
3.  It authorizes the department to approve a waiver request allowing a person to sell, 
lease, rent, install or enter into commerce in the State for a period of not more than 2 
years a product or equipment that is otherwise prohibited.  A person submitting such a 
waiver request must pay to the department a reasonable fee to cover the department's 
costs in assessing and approving or denying such waiver requests;
4.  It removes the prohibition on certain new light duty vehicles and replaces that 
prohibition with an authorization for the department to adopt by rule a similar prohibition 
only if a substantially similar prohibition has been adopted in another state and is in effect 
in that other state;
5.  It provides that prior to adopting or amending rules to implement this legislation, 
the department must consult with the Department of Public Safety, Office of the State 
Fire Marshal regarding the effects of any proposed rules on safety-related requirements 
and restrictions in state or local building codes and in other related state laws and rules;
6.  It requires the department, as necessary and as soon as is practicable, to amend its 
rules implementing this legislation if, pursuant to the federal Clean Air Act, the United 
States Environmental Protection Agency approves a hydrofluorocarbon blend with a 
global warming potential of 750 or less for foam blowing of polystyrene extruded 
boardstock and billet or rigid polyurethane low-pressure 2-component spray foam; and
7.  It removes from the bill provisions requiring disclosure statements.
FISCAL NOTE REQUIRED
(See attached)
Approved: 03/26/20
LD 2112
LR 3158(02)
Fiscal Detail and Notes
Any additional costs to the Department of Environmental Protection as a result of the implementation of a program to 
regulate the sale and use of hydrofluorocarbons in the State are anticipated to be minor and can be absorbed within 
existing budgeted resources.  
Minor cost increase - General Fund
Minor cost increase - Other Special Revenue Funds 
An Act To Limit the Use of Hydrofluorocarbons To Fight Climate Change
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Environment and Natural Resources
Fiscal Note Required: Yes
Fiscal Note
LR3158(02) - Fiscal Note - Page 1 of 1