Hydrofluorocarbons

AN ACT Relating to reducing greenhouse gas emissions associated 1
with hydrofluorocarbons by transitioning to environmentally and 2
economically sustainable alternatives and promoting use of reclaimed 3
hydrofluorocarbons; amending RCW 70A.60.010; reenacting and amending 4
RCW 39.26.310; adding new sections to chapter 70A.60 RCW; creating a 5
new section; and prescribing penalties. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7
NEW SECTION. Sec. 1. (1) The legislature finds that:8
(a) Hydrofluorocarbons are potent greenhouse gases with global 9
warming potentials that are hundreds to thousands of times greater 10
than carbon dioxide. The widespread use of hydrofluorocarbon in 11
refrigeration, air conditioning, and heat pumps, among other 12
applications, makes them significant contributors to climate change;13
(b) Short-lived climate pollutants, such as hydrofluorocarbons, 14
create an acute warming influence despite their shorter atmospheric 15
lifespan. Reducing short-lived climate pollutant emissions is 16
essential for mitigating near-term climate risks and preventing 17
irreversible climate tipping points, such as polar ice sheet collapse 18
and permafrost thaw; 19
(c) Life-cycle refrigerant management, which encompasses leak 20
prevention, recovery, reclamation, and safe disposal of refrigerants, 21
S-0564.1
SENATE BILL 5438
State of Washington 69th Legislature 2025 Regular Session
By Senators Lovelett, Bateman, Saldaña, Trudeau, Shewmake, Cleveland,
Hasegawa, Nobles, Orwall, Ramos, Stanford, and Valdez
Read first time 01/22/25. Referred to Committee on Environment,
Energy & Technology.
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is a critical strategy for reducing emissions across the entire life 1
cycle of refrigerant use. Effective life-cycle refrigerant management 2
is necessary to meet state, federal, and international climate goals;3
(d) The Kigali amendment to the Montreal protocol and the 4
American innovation and manufacturing act of 2020 (42 U.S.C. Sec. 5
7675), establish phased reductions in hydrofluorocarbon production 6
and consumption but leave gaps in ensuring widespread use of 7
reclaimed refrigerants and managing refrigerants at the end of their 8
life cycle; and 9
(e) State action is urgently needed to complement federal and 10
international efforts by promoting the transition to climate-friendly 11
refrigerants with lower or no global warming potential, enhancing 12
refrigerant recovery systems, and preventing emissions through 13
stronger regulations and market-based incentives. 14
(2) It is the intent of the legislature to: 15
(a) Lead by example in promoting reclaimed refrigerants by 16
requiring their use in servicing and repairing state-owned equipment;17
(b) Study feasible pathways to an expeditious transition of new 18
equipment by 2035 to low global warming potential refrigerants of 19
less than 150 carbon dioxide equivalents and ultra-low global warming 20
potential refrigerants of less than 10 carbon dioxide equivalents;21
(c) Support the development of robust refrigerant recovery 22
infrastructure and foster public-private partnerships to promote the 23
reclamation and reuse of refrigerants; 24
(d) Establish a clear regulatory framework for reducing emissions 25
from refrigerants through phased limitations on high global warming 26
potential substances and increasing recovery and use of reclaimed 27
refrigerants; and 28
(e) Enhance industry compliance and stakeholder collaboration 29
through education, training, and financial incentives, ensuring 30
alignment with national and international climate objectives.31
NEW SECTION. Sec. 2. A new section is added to chapter 70A.60 32
RCW to read as follows: 33
(1) It is prohibited to sell, distribute, or otherwise enter into 34
commerce in the state virgin bulk hydrofluorocarbons or virgin bulk 35
hydrofluorocarbon blends that: 36
(a) Have a global warming potential that exceeds 2,200, beginning 37
January 1, 2027; 38
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(b) Have a global warming potential that exceeds 1,500, beginning 1
January 1, 2030; and 2
(c) Have a global warming potential that exceeds 750, beginning 3
January 1, 2033. 4
(2)(a) The department shall adopt rules to implement the 5
requirements of this section. 6
(b) The department may adopt by rule lower global warming 7
potential limits than are specified in subsection (1) of this 8
section, or earlier dates for global warming potential limits than 9
are specified in subsection (1) of this section, provided the 10
department finds that an adequate supply of reclaimed refrigerant 11
would be available in the state to accommodate any such change to the 12
requirements of subsection (1) of this section. 13
(c) When adopting rules to conform to this section, the 14
department may update the definitions of terms used in this section, 15
including the definitions of "bulk" and "reclaim" in RCW 70A.60.010, 16
in order to maintain consistency with federal regulations or to 17
harmonize the department's rules with similar requirements adopted by 18
other jurisdictions. 19
(d) The department may by rule specify that "enter into commerce" 20
includes the use of stockpiled refrigerants to replenish any leaks or 21
otherwise service stationary equipment. 22
(3)(a) The prohibitions established under this section do not 23
apply to: 24
(i) Hydrofluorocarbons that are reclaimed; 25
(ii) An application receiving application-specific allowances 26
under subsection (e)(B) of the American innovation and manufacturing 27
act of 2020 (42 U.S.C. Sec. 7675); or 28
(iii) Transshipments of bulk virgin hydrofluorocarbons and 29
hydrofluorocarbon blends. 30
(b) For virgin bulk hydrofluorocarbon blends, the global warming 31
potential limits of this section apply to the global warming 32
potential of the blend and not to any individual component of such a 33
blend. 34
(4)(a) The department may provide for a temporary exemption for a 35
virgin hydrofluorocarbon or a virgin hydrofluorocarbon blend where 36
the department determines complying with a requirement of this 37
section is technically or economically infeasible.38
(b) An exemption granted by the department under this subsection 39
may not exceed three years and must be conditional upon the exemption 40
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recipient carrying out a plan, on an enforceable timeline, to meet 1
the requirements of this section. Each exemption granted by the 2
department shall end after three years unless, at least six months 3
prior to the expiration of the exemption, the exemption recipient 4
submits a request for extension with justification. The department 5
may determine whether to renew or modify the exemption based on its 6
review of the request for an extension. 7
(5) A violation of the requirements of this section are subject 8
to penalties as provided in chapter 70A.15 RCW. 9
NEW SECTION. Sec. 3. A new section is added to chapter 70A.60 10
RCW to read as follows: 11
(1) The department must establish a refrigerant transition task 12
force to study opportunities and barriers to transitioning to 13
climate-friendly refrigerants and enhancing refrigerant recovery and 14
reclamation. 15
(a) By February 1, 2026, the department must appoint members of 16
the task force. 17
(b) Starting no later than June 1, 2027, for a period extending 18
at least 60 days, the department must make available a draft of the 19
task force report required in subsection (4) of this section for 20
public input and comment. 21
(c) The department must submit the task force report required in 22
subsection (4) of this section to the appropriate committees of the 23
legislature no later than December 1, 2027. 24
(2) The task force must be chaired by a representative of the 25
department and must consist of the following members appointed by the 26
department: 27
(a) One representative from the private sector or a private 28
sector trade association with expertise in installing, servicing, 29
repairing, and decommissioning refrigeration and air conditioning 30
equipment; 31
(b) One representative from the private sector or a private 32
sector trade association with expertise in refrigerant recovery and 33
reclamation; 34
(c) One representative from the private sector or a private 35
sector trade association with expertise in manufacturing 36
refrigeration and air conditioning equipment and the distribution and 37
sale thereof; 38
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(d) One representative from the private sector or a private 1
sector trade association that owns, operates, or owns and operates 2
either air conditioning or refrigeration equipment, or both, in the 3
state; 4
(e) Three representatives from environmental nonprofit 5
organizations with familiarity with the climate risks of 6
hydrofluorocarbons; 7
(f) One representative of Washington businesses that use 8
hydrofluorocarbons; 9
(g) One representative from an environmental justice organization 10
in Washington; and 11
(h) One academic or research expert specializing in climate 12
policy, emissions reduction, or refrigerant technology.13
(3) The department may invite the participation, as nonvoting 14
members, of others with relevant expertise to work with the task 15
force. 16
(4)(a) The task force must draft and submit to the department a 17
report assessing the opportunities, barriers, and recommendations for 18
transitioning to refrigerants with low global warming potential and 19
ultra-low global warming potential, accounting for distinctions among 20
different types of equipment and appliances for hydrofluorocarbon-21
using sectors and subsectors and the timelines needed for each sector 22
or subsector to complete such a transition. 23
(b) In drafting the report required in this section, each member 24
of the task force must make a good faith effort to reach consensus on 25
each point and provision in the report. 26
(c) Where one or more members of the task force object to a point 27
or provision in the report, that member or members may provide a 28
description of such an objection, with all such descriptions listed 29
in an annex to the report. 30
(5)(a) The department shall provide administrative and operating 31
support, including arrangements for virtual meetings, to the task 32
force and may contract with a third-party facilitator or other 33
consultants to assist in carrying out the activities of the task 34
force. 35
(b) A majority of the task force constitutes a quorum. Action by 36
the task force, including the inclusion of a point or provision in 37
the report, requires a quorum and a majority of those present and 38
voting. 39
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(6) The department may disband the task force created in this 1
section upon the submission of the report under subsection (1)(c) of 2
this section. 3
(7)(a) To achieve the transition described in this section, the 4
department shall adopt rules, informed by the work and the report of 5
the task force, to require low global warming potential or ultra-low 6
global warming potential alternatives to hydrofluorocarbons in a 7
sector unless it is not practicable for entities in the sector to 8
comply with the requirement. 9
(b) The department may not commence the rule making referred to 10
in (a) of this subsection until the task force has finalized its 11
report. 12
Sec. 4. RCW 70A.60.010 and 2021 c 315 s 2 are each amended to 13
read as follows: 14
The definitions in this section apply throughout this chapter 15
unless the context clearly requires otherwise.16
(1)(a) "Air conditioning" means the process of treating air to 17
meet the requirements of a conditioned space by controlling its 18
temperature, humidity, cleanliness, or distribution.19
(b)(i) "Air conditioning" includes chillers ((, except for 20
purposes of RCW 70A.60.020)). 21
(ii) "Air conditioning" includes heat pumps. 22
(c) "Air conditioning" applies to stationary air conditioning 23
equipment and does not apply to mobile air conditioning, including 24
those used in motor vehicles, rail and trains, aircraft, watercraft, 25
recreational vehicles, recreational trailers, and campers.26
(2) "Class I substance" and "class II substance" means those 27
substances listed in 42 U.S.C. Sec. 7671a, as of November 15, 1990, 28
or those substances listed in Appendix A or B of Subpart A of 40 29
C.F.R. Part 82, as of January 3, 2017. 30
(3) "Department" means the department of ecology.31
(4) "Hydrofluorocarbons" means a class of greenhouse gases that 32
are saturated organic compounds containing hydrogen, fluorine, and 33
carbon. 34
(5) "Ice rink" means a frozen body of water, hardened chemicals, 35
or both, including, but not limited to, professional ice skating 36
rinks and those used by the general public for recreational purposes.37
(6) "Manufacturer" includes any person, firm, association, 38
partnership, corporation, governmental entity, organization, or joint 39
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venture that produces any product that contains or uses 1
hydrofluorocarbons or is an importer or domestic distributor of such 2
a product. 3
(7) "Person" means an individual, partnership, franchise holder, 4
association, corporation, a state, a city, a county, or any 5
subdivision or instrumentality of the state. 6
(8) "Refrigeration equipment" or "refrigeration system" means any 7
stationary device that is designed to contain and use refrigerant. 8
"Refrigeration equipment" includes refrigeration equipment used in 9
retail food, cold storage, industrial process refrigeration and 10
cooling that does not use a chiller, ice rinks, and other 11
refrigeration applications. 12
(9) "Regulated refrigerant" means a class I or class II substance 13
as listed in Title VI of section 602 of the federal clean air act 14
amendments of November 15, 1990. 15
(10) "Residential consumer refrigeration products" has the same 16
meaning as defined in section 430.2 of Subpart A of 10 C.F.R. Part 17
430 (2017). 18
(11) "Retrofit" has the same meaning as defined in section 152 of 19
Subpart F of 40 C.F.R. Part 82, as that section existed as of January 20
3, 2017. 21
(12) "Substitute" means a chemical, product, or alternative 22
manufacturing process, whether existing or new, that is used to 23
perform a function previously performed by a class I substance or 24
class II substance and any chemical, product, or alternative 25
manufacturing process subsequently developed, adapted, or adopted to 26
perform that function including, but not limited to, 27
hydrofluorocarbons. "Substitute" does not include 2-BTP or any 28
compound as applied to its use in aerospace fire extinguishing 29
systems. 30
(13) "Bulk" means:31
(a) The same as defined in 40 C.F.R. Sec. 84.3, as it existed on 32
the effective date of this section; or33
(b) An updated definition adopted by rule by the department under 34
section 2(2)(c) of this act.35
(14) "Carbon dioxide equivalents" has the same meaning as defined 36
in RCW 70.45.010.37
(15) "Low global warming potential" means a global warming 38
potential of less than 150 carbon dioxide equivalents.39
(16) "Reclaim" means:40
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(a) The reprocessing of regulated substances to all of the 1
specifications in appendix A to 40 C.F.R. Part 82, Subpart F (based 2
on air-conditioning, heating, and refrigeration institute standard 3
700-2016), as it existed on the effective date of this section, that 4
are applicable to that regulated substance and to verify that the 5
regulated substance meets these specifications using the analytical 6
methodology prescribed in section 5 of appendix A to 40 C.F.R. Part 7
82, Subpart F, as those regulations existed on the effective date of 8
this section, and do not contain more than 15 percent virgin material 9
by weight, pursuant to federal regulations at 40 C.F.R. Part 84, 10
Subpart C, as it existed on the effective date of this section; or11
(b) An updated definition adopted by rule by the department under 12
section 2(2)(c) of this act.13
(17) "Transshipment" means the shipment of a regulated substance 14
through the state of Washington from one point outside the state of 15
Washington to another point outside the state of Washington, as long 16
as the shipment does not enter commerce in Washington.17
(18) "Ultra-low global warming potential" means a global warming 18
potential of less than 10 carbon dioxide equivalents.19
(19) "Virgin refrigerant" means a refrigerant that has not been 20
previously used, recovered, or reclaimed.21
Sec. 5. RCW 39.26.310 and 2021 c 315 s 19 and 2021 c 65 s 28 are 22
each reenacted and amended to read as follows: 23
(1) The department shall establish purchasing and procurement 24
policies that provide a preference for products that:25
(a) Are not restricted under RCW 70A.60.060; 26
(b) Do not contain hydrofluorocarbons or contain 27
hydrofluorocarbons with a comparatively low global warming potential;28
(c) Are not designed to function only in conjunction with 29
hydrofluorocarbons characterized by a comparatively high global 30
warming potential; and 31
(d) Were not manufactured using hydrofluorocarbons or were 32
manufactured using hydrofluorocarbons with a low global warming 33
potential. 34
(2) No agency may knowingly purchase products that are not 35
accorded a preference in the purchasing and procurement policies 36
established by the department pursuant to subsection (1) of this 37
section, unless there is no cost-effective and technologically 38
feasible option that is accorded a preference. 39
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(3) The department shall establish a purchasing and procurement 1
policy that provides a preference, in serving existing equipment, for 2
a reclaimed refrigerant that meets the minimum quality requirement 3
established in federal regulations adopted under 42 U.S.C. Sec. 4
7671(g). 5
(4)(a) Nothing in subsection (1) of this section requires the 6
department or any other state agency to breach an existing contract 7
or dispose of stock that has been ordered or is in the possession of 8
the department or other state agency as of July 28, 2019.9
(b) Nothing in subsection (3) of this section requires the 10
department or any other state agency to breach an existing contract 11
or dispose of stock that has been ordered or is in the possession of 12
the department or other state agency as of July 28, 2021.13
(5)(a) Beginning July 1, 2026, hydrofluorocarbons with a global 14
warming potential greater than 750 that are not reclaimed may not be 15
used to replenish any leaks or otherwise service stationary equipment 16
owned or operated by the state. The department must consult with the 17
department of ecology for technical assistance in adopting rules to 18
implement this subsection.19
(b) The department may provide for a temporary exemption for 20
equipment where the department determines that complying with the 21
requirement in (a) of this subsection will be technically or 22
economically infeasible. An exemption granted by the department under 23
this subsection may not exceed three years and must be conditional 24
upon the exemption recipient carrying out a plan, on an enforceable 25
timeline, to meet the requirements of this section. Each exemption 26
granted by the department shall end after three years unless, six 27
months prior to the expiration of the exemption, the exemption 28
recipient submits a request for extension with justification. The 29
department may, after consultation with the department of ecology, 30
determine whether to renew or modify the exemption based on its 31
review of the request for extension.32
(c) The definitions in this subsection (5)(c) apply throughout 33
this subsection unless the context clearly requires otherwise.34
(i) "Hydrofluorocarbons" has the same meaning as defined in RCW 35
70A.60.010.36
(ii) "Reclaimed" has the same meaning as "reclaim" as defined in 37
RCW 70A.60.010.38
(6) By December 1, 2020, and each December 1st of even-numbered 39
years thereafter, the department must submit a status report to the 40
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appropriate committees of the house of representatives and senate 1
regarding the implementation and compliance of the department and 2
state agencies with this section. 3
NEW SECTION. Sec. 6. If any provision of this act or its 4
application to any person or circumstance is held invalid, the 5
remainder of the act or the application of the provision to other 6
persons or circumstances is not affected.7
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