An Act To Limit the Use of Hydrofluorocarbons To Fight Climate Change
Maine Legislature, Session 130, LD 0226
Committee: Environment and Natural Resources
Sponsors: TUCKER
Amends: 38 MRSA §1612

Legislative Document
No. 226
H.P. 161
House of Representatives, January 27, 2021
An Act To Limit the Use of Hydrofluorocarbons To Fight Climate 
Change
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204.
Received by the Clerk of the House on January 25, 2021.  Referred to the Committee on 
Environment and Natural Resources pursuant to Joint Rule 308.2 and ordered printed pursuant 
to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative TUCKER of Brunswick.
Be it enacted by the People of the State of Maine as follows:
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.  "Substance" means any chemical or blend intended for an end use.
2.  Prohibition.  In order to reduce greenhouse gas emissions by substituting or 
reducing the use of the hydrofluorocarbons with the highest global warming potential, a 
person may not sell, lease, rent, install, use or enter into commerce in the State any product 
or equipment that uses or will use a substance that is a hydrofluorocarbon with high global 
warming potential intended for any air conditioning, refrigeration, foam or aerosol 
propellant end use as determined by the department in rules.
3.  Rulemaking.  The department shall adopt rules to implement this section.  Rules 
adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A.
Sec. 2.  Rulemaking.  The Department of Environmental Protection shall adopt rules 
to implement the Maine Revised Statutes, Title 38, section 1612 in accordance with this 
section.  In adopting the initial rules pursuant to Title 38, section 1612, the department shall 
regulate each substance and end use as provided for in this section and may not regulate 
any substance or end use not addressed in this section.  In the future, the department may 
adopt rules adding or removing substances from the list of prohibited substances or adding 
or removing end uses.
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 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 used exclusively for comfort cooling 
of occupied spaces.
C.  "Built-in household refrigerators and freezers" means any refrigerators, 
refrigerator-freezers or freezers intended for residential use that have 7.75 cubic feet or 
greater total volume and 24 inches or less depth not including doors, handles and 
custom front panels; that have sides that are not finished and not designed to be visible 
after installation; that are designed, intended and marketed exclusively to be installed 
totally encased by cabinetry or panels that are attached during installation and securely 
fastened to adjacent cabinetry, walls or floor; and that are equipped with an integral 
factory-finished face or that accept a custom front panel.
D.  "Capital cost" means an expense incurred in the production of goods or in rendering 
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. A centrifugal chiller is a chiller 
intended for comfort cooling and does not include chillers 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 their delivery to other locations for sale to 
the ultimate consumer.
G.  "Compact household refrigerators and freezers" means any refrigerators, 
refrigerator-freezers or freezers intended for residential use that have a total 
refrigerated volume of less than 7.75 cubic feet (220 liters).
H.  "Component" means a part of a refrigeration system, including, but not limited to, 
a condensing unit, compressor, condenser, evaporator and receiver, and all of the 
system's connections and subassemblies without which the refrigeration system would 
not properly function or would be subject to failure.
I.  "Department" means the Department of Environmental Protection.
J.  "End use" means processes or classes of specific applications within industry 
sectors, including, but not limited to, those listed in subsection 2.
K.  "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.
L.  "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.
M.  "Heat pump" means a device used for comfort heating or cooling of residential and 
commercial spaces, including, but not limited to, a mini-split heat pump.  Heat pumps 
may be air sourced, water sourced or ground sourced.  "Heat pump" does not include 
air conditioning equipment.
N.  "Household refrigerators and freezers" means any refrigerators, refrigerator-
freezers, freezers or miscellaneous residential refrigeration appliances intended for 
residential use.  "Household refrigerators and freezers" does not include compact 
household refrigerators and freezers or built-in household refrigerators and freezers.
O.  "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.
P.  "Light duty vehicle" means a car or light duty truck as defined in the Maine Revised 
Statutes, Title 5, section 1812-E.
Q.  "Metered dose inhaler" means a device that delivers a measured amount of 
medication as a mist that a patient can inhale, typically used for bronchodilation to treat 
symptoms of asthma, chronic obstructive pulmonary disease, chronic bronchitis, 
emphysema and other respiratory illnesses, and consists of a pressurized canister of 
medication in a case with a mouthpiece.
R.  "Miscellaneous residential refrigeration appliance" means a residential refrigeration 
appliance smaller than a refrigerator, refrigerator-freezer or freezer for use in a 
household and includes coolers, cooler compartments and combination cooler-
refrigeration or cooler-freezer products.
S.  "New" means, with regard to a product or equipment, a product or equipment that 
is manufactured after the effective date of this section or equipment substantially 
expanded or modified after the effective date of this section such that the capital cost 
of the expansion or modification exceeds 50% of the cost of replacing the whole 
system.
T.  "Person" means an individual, firm, association, organization, manufacturer, 
distributor, partnership, business trust, corporation, limited liability company, 
company, state or local governmental agency or public district.
U.  "Phenolic insulation board" means phenolic insulation, including, but not limited 
to, insulation used for roofing and walls.
V.  "Phenolic insulation bunstock" means phenolic insulation that is a large solid box-
like structure formed during the production of polystyrene insulation that can be cut 
into specific custom lengths and shapes.
W.  "Polyolefin" means foam sheets and tubes made of polyolefin.
X.  "Polystyrene extruded boardstock and billet" means a foam formed from polymers 
of styrene and produced on extruding machines in the form of continuous foam slabs 
that can be cut and shaped into panels used for insulation of roofing, walls, flooring 
and pipes.
Y.  "Polystyrene extruded sheet" means polystyrene foam including foam used for 
packaging and buoyancy or flotation.  "Polystyrene extruded sheet" includes foam 
made into food-service items, including hinged polystyrene containers, food trays, 
plates, bowls and retail egg containers.
Z.  "Positive displacement chiller" means a vapor compression cycle chiller that uses a 
positive displacement compressor, typically used for commercial comfort air 
conditioning.  "Positive displacement chiller" does not include a chiller used for 
industrial process cooling and refrigeration.
AA.  "Refrigerant gas" or "refrigerant" means any substance, including blends and 
mixtures, that is used for heat transfer purposes.
BB.  "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" excludes water coolers and units designed 
solely to cool and dispense water.
CC.  "Refrigeration equipment" means any 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, 
household refrigerators and freezers and cold storage warehouses.
DD.  "Remote condensing unit" means retail food refrigeration equipment that has a 
central condensing portion and may consist of one or more compressors, condensers 
and receivers assembled into a single unit, which may be located outside the sales area.  
"Remote condensing unit" includes 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.
EE.  "Residential use" means use by an individual of a substance, or a product 
containing the 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.
FF.  "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.
GG.  "Retrofit" means to replace the refrigerant used in refrigeration equipment with a 
different refrigerant and includes related changes to the refrigeration equipment 
required to maintain its operation and reliability following refrigerant replacement.
HH.  "Rigid polyurethane and polyisocyanurate laminated boardstock" means 
laminated board insulation made with polyurethane or polyisocyanurate foam, 
including insulation for roofing and walls.
II.  "Rigid polyurethane appliance foam" means polyurethane insulation foam used in 
domestic appliances.
JJ.  "Rigid polyurethane high-pressure 2-component spray foam" means a foam product 
that is pressurized to 800 to 1,600 pounds per square inch during manufacture; is sold 
in pressurized containers as 2 parts; and is blown and applied in situ using high-
pressure pumps to propel the foam, and may use liquid blowing agents without an 
additional propellant.
KK.  "Rigid polyurethane in commercial refrigeration" means polyurethane insulation 
for pipes, walls and metal doors in retail food refrigeration equipment.
LL.  "Rigid polyurethane low-pressure 2-component spray foam" means a foam 
product that is pressurized to less than 250 pounds per square inch during manufacture, 
sold in pressurized containers as 2 parts and typically applied in situ using a gaseous 
foam-blowing agent that also serves as a propellant so pumps typically are not needed.
MM.  "Rigid polyurethane marine flotation foam" means buoyancy or flotation foam 
used in boat and ship manufacturing for both structural and flotation purposes.
NN.  "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.
OO. "Rigid polyurethane sandwich panels" means polyurethane insulation sandwiched 
between outer structural layers and used as insulation for walls and metal doors, 
including garage doors.
PP.  "Rigid polyurethane slabstock" means a rigid closed-cell foam containing 
polymers of urethane radicals formed into slabstock insulation for panels and pipes.
QQ.  "Stand-alone low-temperature unit" means a stand-alone unit that maintains food 
or beverages at temperatures at or below 32 degrees Fahrenheit.
RR.  "Stand-alone medium-temperature unit" means a stand-alone unit that maintains 
food or beverages at temperatures above 32 degrees Fahrenheit.
SS.  "Stand-alone unit" means a retail refrigerator, freezer and reach-in cooler, either 
open or with doors, that has fully integrated refrigeration components and a 
refrigeration circuit that may be entirely brazed or welded. Stand-alone units are fully 
charged with refrigerant at the factory and typically require only an electricity supply 
to begin operation.
TT.  "Substance" means any chemical or blend intended for an end use listed in 
subsection 2.
UU.  "Supermarket systems" means multiplex or centralized retail food refrigeration 
equipment systems designed to cool or refrigerate that operate with racks of 
compressors installed in a machinery room.  "Supermarket systems" includes both 
direct and indirect systems.
VV.  "Use," with regard to any use of a compound or any 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 intermediate applications in the State, such as 
formulation or packaging for other subsequent applications, and excludes residential 
use, but does not exclude manufacturing for the purpose of residential use.
WW.  "Vending machine" means self-contained retail food refrigeration equipment 
that dispenses goods that must be kept cold or frozen.
2.  End use prohibitions.  The rules must provide that a person may not sell, lease, 
rent, install, use or enter into commerce in the State any product or equipment that uses or 
will use a listed substance intended for any air conditioning, refrigeration, foam or aerosol 
propellant end use listed as prohibited in this subsection, unless an exemption is provided 
for that end use in subsection 3.
For the following end uses, the listed hydrofluorocarbon substances are prohibited as of the 
date indicated for each end use.
A.  For aerosol propellants in new products, HFC-125, HFC-134a, HFC-227ea and 
blends of HFC-227ea and HFC-134a are prohibited as of January 1, 2022.
B. For new centrifugal chillers, 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 are prohibited as of January 1, 2024.
C.  For new positive displacement chillers, FOR12A, FOR12B, HFC-134a, HFC-
227ea, 
KDD6, 
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-424A, R-434A, R-437A, R-438A, R-507A, RS-44 (2003 
composition), SP34E and THR-03 are prohibited as of January 1, 2024.
D.  For light duty vehicles, HFC-134a, SP34E, R-426A and RS-24 (new formulation) 
are prohibited for all newly manufactured vehicles as of model year 2022.
E.  For new cold storage warehouses, 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) are prohibited as of January 1, 2023.
F.  For new household refrigerators and freezers, 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-
(2003 formulation), SP34E and THR-03 are prohibited as of January 1, 2022.
G.  For new compact household refrigerators and freezers, 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 are prohibited as of 
January 1, 2022.
H.  For new built-in household refrigerators and freezers, 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 are prohibited as of 
January 1, 2023.
I.  For retrofitted supermarket systems, R-404A, R-407B, R-421B, R-422A, R-422C, 
R-422D, R-428A, R-434A and R-507A are prohibited as of January 1, 2022.
J.  For new supermarket systems, HFC-227ea, R-404A, R-407B, R-421B, R-422A, R-
422C, R-422D, R-428A, R-434A and R-507A are prohibited as of January 1, 2022.
K.  For retrofitted remote condensing units, R-404A, R-407B, R-421B, R-422A, R-
422C, R-422D, R-428A, R-434A and R-507A are prohibited as of January 1, 2022.
L.  For new remote condensing units, HFC-227ea, R-404A, R-407B, R-421B, R-422A, 
R-422C, R-422D, R-428A, R-434A and R-507A are prohibited as of January 1, 2022.
M.  For retrofitted stand-alone units, R-404A and R-507A are prohibited as of January 
1, 2022.
N.  For new stand-alone medium-temperature units, 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 are 
prohibited as of January 1, 2022.
O. For new stand-alone low-temperature units, 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) are 
prohibited as of January 1, 2022.
P.  For new refrigerated food processing and dispensing equipment,  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) are prohibited as of January 1, 2022.
Q.  For retrofitted vending machines, R-404A and R-507A are prohibited as of January 
1, 2022.
R.  For new vending machines, 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 are prohibited as of January 1, 2022.
S.  For new rigid polyurethane and polyisocyanurate laminated boardstock, HFC-134a, 
HFC-245fa, HFC-365mfc and any blends thereof are prohibited as of January 1, 2022.
T.  For new flexible polyurethane, HFC-134a, HFC-245fa, HFC-365mfc and any 
blends thereof are prohibited as of January 1, 2022.
U.  For new integral skin polyurethane, HFC-134a, HFC-245fa, HFC-365mfc and any 
blends thereof; Formacel TI; and Formacel Z-6 are prohibited as of January 1, 2022.
V.  For new polystyrene extruded sheet, HFC-134a, HFC-245fa, HFC-365mfc and any 
blends thereof; Formacel TI; and Formacel Z-6 are prohibited as of January 1, 2022.
W.  For new phenolic insulation board and new phenolic insulation bunstock, HFC-
143a, HFC-134a, HFC-245fa, HFC-365mfc and any blends thereof are prohibited as 
of January 1, 2022.
X.  For new rigid polyurethane slabstock and other new rigid polyurethane, HFC-134a, 
HFC-245fa, HFC-365mfc and any blends thereof; Formacel TI; and Formacel Z-6 are 
prohibited as of January 1, 2022.
Y.  For new rigid polyurethane appliance foam, HFC-134a, HFC-245fa, HFC-365mfc 
and any blends thereof; Formacel TI; and Formacel Z-6 are prohibited as of January 1, 
2022.
Z.  For new rigid polyurethane in commercial refrigeration and new rigid polyurethane 
sandwich panels, HFC-134a, HFC-245fa, HFC-365mfc and any blends thereof; 
Formacel TI; and Formacel Z-6 are prohibited as of January 1, 2022.
AA.  For new polyolefin, HFC-134a, HFC-245fa, HFC-365mfc and any blends thereof; 
Formacel TI; and Formacel Z-6 are prohibited as of January 1, 2022.
BB.  For new rigid polyurethane marine flotation foam, HFC-134a, HFC-245fa, HFC-
365mfc and any blends thereof; Formacel TI; and Formacel Z-6 are prohibited as of 
January 1, 2022.
CC.  For new polystyrene extruded boardstock and billet, HFC-134a, HFC-245fa, 
HFC-365mfc and any blends thereof; Formacel TI; Formacel B; and Formacel Z-6 are 
prohibited as of January 1, 2022.
DD.  For new rigid polyurethane high-pressure 2-component spray foam, HFC-134a, 
HFC-245fa and any blends thereof; 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 are prohibited as of January 1, 2022.
EE.  For new rigid polyurethane low-pressure 2-component spray foam, HFC-134a, 
HFC-245fa and any blends thereof; 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 are prohibited as of January 1, 2022.
FF.  For new rigid polyurethane one-component foam sealants, HFC-134a, HFC-245fa 
and any blends thereof; 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 are prohibited as of January 1, 2022.
3.  Exemptions.  The rules must include the following exemption provisions:
A.  Heat pumps are exempt from end use prohibitions under this section; and
B.  The following exemptions to the prohibitions in subsection 2 apply in the end use 
categories indicated.
(1)  HFC-134a is allowed as an aerosol propellant in new cleaning products for 
removal of grease, flux and other soils from electrical equipment; new refrigerant 
flushes; new products for sensitivity testing of smoke detectors; new lubricants and 
freeze sprays for electrical equipment or electronics; new sprays for aircraft 
maintenance; new sprays containing corrosion preventive compounds used in the 
maintenance of aircraft, electrical equipment, electronics or military equipment; 
new pesticides for use near electrical wires, in aircraft, in total release insecticide 
foggers or in certified organic use pesticides for which the federal Environmental 
Protection Agency has specifically disallowed all other lower global warming 
potential propellants; new mold release agents and mold cleaners; new lubricants 
and cleaners for spinnerets for synthetic fabrics; new duster sprays specifically for 
removal of dust from photographic negatives, semiconductor chips, specimens 
under electron microscopes and energized electrical equipment; new adhesives and 
sealants in canisters for commercial use; new document preservation sprays; new 
wound care sprays; new topical cooling sprays for pain relief; and new products 
for removing bandage adhesives from skin. HFC-134a, HFC-227ea and blends of 
HFC-227ea and HFC-134a are allowed as aerosol propellants for new metered 
dose inhalers approved by the United States Department of Health and Human 
Services, Food and Drug Administration for medical purposes.
(2)  HFC-134a is allowed 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. HFC-134a and R-404A are allowed as new 
air conditioning refrigerants 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.
(3)  For all new foams other than rigid polyurethane one-component foam sealants, 
all substances listed in subsection 2 are allowed, until January 1, 2023, 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; and, until January 1, 2025, 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.
(4)  For new rigid polyurethane 2-component spray foams, all substances listed in 
subsection 2 are allowed, until January 1, 2025, in military or 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.
4.  Disclosure statements.  The rules must require any person who manufactures, sells, 
leases, rents or enters into commerce in the State a product or equipment intended for air 
conditioning, refrigeration, foam or aerosol propellant end use, if the product or equipment 
uses or is intended to use any substance listed as prohibited for that end use in subsection 
2, to provide a written disclosure to the buyer as part of the sales transaction and invoice.
A.  The required written disclosure must state:
(1)  For refrigeration equipment and air conditioning equipment: "This equipment 
is prohibited from use in Maine with any refrigerant on the list in Maine 
Department of Environmental Protection rules of prohibited substances for that 
specific end use. This disclosure statement has been reviewed and approved by 
[THE ENTITY], and [THE ENTITY] attests, under penalty of perjury, that these 
statements are true and accurate.";
(2)  For foam: "This foam system is prohibited from use in Maine with any foam-
blowing agent on the list in Maine Department of Environmental Protection rules 
of prohibited substances for that specific end use. This disclosure statement has 
been reviewed and approved by [THE ENTITY], and [THE ENTITY] attests, 
under penalty of perjury, that these statements are true and accurate."; and
(3)  For aerosol propellants: "This product is prohibited from use in Maine with 
any aerosol propellant on the list in Maine Department of Environmental 
Protection rules of prohibited substances for that specific end use. This disclosure 
statement has been reviewed and approved by [THE ENTITY], and [THE 
ENTITY] attests, under penalty of perjury, that these statements are true and 
accurate."
B.  At the point of sale, the disclosure statement requirement may be met alternatively 
with a label on the product or equipment reading: "Not for sale in Maine." The label 
must be displayed on the product or equipment so that it is readily observable without 
removing or disassembling any portion of the packaging. The label must be in a font 
size as large as or larger than the font size of all other words on the principal display 
panel, excluding the company name, brand name and logo.
C.  The disclosure statement under paragraph A or label under paragraph B must remain 
with the product or equipment while it is in the State.
5.  Record keeping.  The rules must include a provision requiring any person who 
manufactures any product or equipment for the end uses listed in subsection 2 for sale or 
entry into commerce in the State to maintain for 5 years, and make available upon request 
by the department, records sufficient to demonstrate that the product or equipment does not 
contain any substances listed in subsection 2 as prohibited for that end use or that the 
product is exempt in accordance with subsection 3.
6.  Venting prohibition.  The rules must provide that a person maintaining, servicing, 
repairing or disposing of any product or equipment containing or using a substance 
intended for an end use listed in subsection 2 may not knowingly vent or otherwise release 
into the environment any substance contained or used in that product or equipment.  De 
minimis releases associated with good faith attempts to recycle or recover such substances 
are not subject to this prohibition.
SUMMARY
This bill prohibits the sale, lease, rent, installation, use or entering into commerce of 
any product or equipment that uses or will use a substance that is a hydrofluorocarbon with 
high global warming potential intended for any air conditioning, refrigeration, foam or 
aerosol propellant end use as determined by the Department of Environmental Protection 
in rules.  It directs the department to adopt rules to implement the prohibition and specifies 
the substances and end uses that are to be addressed in the rules.  In adopting the initial 
rules, the department must regulate each substance and end use as specifically provided for 
in the bill and may not regulate any substance or end use not addressed in the bill.  In the 
future, the department may adopt rules adding or removing substances from the list of 
prohibited substances or adding or removing end uses.