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Home My WebLink AboutMINUTES - 03061990 - 1.38 1038 TO: B&OW OF SUPERVISORS Contra FROM: PhiCosta Phil Batchelor, County Administrator o. o� County DATE: February 26, 1990 COSTS COUN�`Tr SUBJECT: LEGISLATION: AB 2532 (Vasconcellos) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION Continue the Board' s position of SUPPORT for AB 2532 by Assemblyman Vasconcellos which would require, on and after January 1 , 1991, the use of refrigerant recycling equipment approved by the Bureau of Automotive Repair in the servicing of vehicle air-conditioners having CFC refrigerants, require specified reduction in the percentage of new motor vehicles equipped with air-conditioners that use CFC' s and would further regulate the servicing of refrigeration systems containing CFC' s. BACKGROUND- On February 27, 1990 the Board of Supervisors voted to support AB 2532 by Assemblyman Vasconcellos, as it was amended on January 9, 1990. AB 2532 has now been amended again. As amended January 22, 1990, AB 2532 continues to make findings regarding the contribution made to the global warming trend by CFC' s and halons and declares that it is the Legislature' s intent to promote the recovery, reuse and recycling of CFC-based refrigerants in motor vehicle air-conditioners by requiring every business which installs or services mobile air-conditioners to use approved refrigerant recycling equipment; to promote the recovery, reuse and recycling of CFC-based refrigerants in air-conditioning systems in larger commercial buildings by requiring the use of approved refrigerant recycling equipment; to phase out the use of CFC-based refrigerants in mobile air-conditioning systems by phasing out the use of CFC' s in automobile air-conditioners; and by phasing out the use of CFC-based refrigerants in air-conditioning systems in commercial buildings by banning their use in new buildings by January 1, 1992 . Yes CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE , OTHER SIGNATURE(S): ACTION OF BOARD ON March , APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE _2L UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENboUllty ACbMint.E, STA! * OF SUPERVISORS ON THE DATE SHOWN. CC: Community Development Director ATTESTED MAR 6 1990 Resource Recovery Specialist Catherine Kutsuris, Staff to the PHIL BATCHELOR,CLERK OF THE BOARD OF Environmental Affairs Committee SUPERVISORS AND COUNTY ADMINISTRATOR County Counsel Les Spahnn, M382 (10/88) SRJ. Jackson, Barish & Associategy DEPUTY The bill continues to require the use of 'approved refrigerant recycling equipment whenever servicing an automobile air-conditioner after January 1, 1991 . While the bill continues to provide for civil fines for violating this provision, the January 22, 1990 amendments reduce the civil penalties which can be imposed for violating this provision from $50 per incident, not to exceed $1000 per day, to $25 per incident, not to exceed $500 per day. The bill continues to prohibit the sale after January 1, 1991 of any refrigerant used in charging vehicle air-conditioners unless it is in a container of 15 pounds or larger. While the bill continues to provide for civil fines for violating this provision, the January 22, 1990 amendments reduce the civil penalties which can be imposed for violating this provision from $50 per incident, not to exceed $1000 per day, to $25 per incident, not to exceed $500 per day. The bill continues to provide for phasing out the use of CFC' s in vehicle air-conditioning systems by indicating that for the model year shown below no more than the percentage shown of vehicles which are sold equipped with air-conditioners may have air-conditioners which use CFC-based products: MODEL YEAR PERCENTAGE 1993 67% 1994 33% 1995 0% The January 22, 1990 amendments provide that these deadlines may be extended for up to two years, rather than 12 months, if the State Air Resources Board adopts a finding that chemical or technological alternatives to CFC-based products are not yet available, or that manufacturers of new motor vehicles require additional time to redesign vehicle -air-conditioning systems. The bill requires a certificate stating that a vehicle air-conditioner is in good working order before a used vehicle may be registered or transferred after January 1, 1991. The bill continues to provide that on and after January 1, 1991 any person or business selling or offering to sell a new or used motor vehicle equipped with a vehicle air-conditioner utilizing CFC-based products shall provide information to each customer regarding the dangerous nature of the ozone depletion process and the importance of proper servicing of air-conditioning equipment. On or before January 1, 1991 DMV is required to develop information on this subject which can be made available to automobile customers. Civil penalties continue to be provided for any violation of this provision. However, the January 22, 1990 amendments reduce the civil penalties which can be imposed for violating this provision from $1000 per incident, not to exceed $10,000 per day, to $500 per incident, not to exceed $5, 000 per day. The bill continues to prohibit the installation on or after January 1, 1995 of an air-conditioning system in a building which exceeds 10,000 square feet if the system utilizes halogenated substances and provides for civil penalties for violations of this provision. However, the January 22, 1990 amendments reduce the civil penalties which can be imposed for violating this provision from $1000 per incident, not to exceed $10,000 per day, to . $500 per incident, not to exceed $5,000 per day. The bill provides for civil penalties for intentionally or negligently violating any of the provisions of the bill where no other specific penalty is indicated. The January 22, 1990 amendments reduce the maximum civil penalty which can be imposed under this provisions from $25,000 for each separate violation or, for continuing violations, for each day that the violation continues, to $12, 500 for each separate violation or, for continuing violations, for each day that the violation continues. The January 22, 1990 amendments also reduce the maximum civil penalty which can be imposed for making a false statement in regard to any report required by the bill from $10,000 for each separate violation, or for continuing violations, for each day that the violation continues, to $5,000 for each separate violation , or for continuing violations, for each day that the violation continues. The bill continues to make intentional venting of CFC' s a misdemeanor during calendar year 1992 but reduces the maximum penalty which can be imposed from one year in the county jail to six months in the county jail. The bill continues to . make such violation a felony or a misdemeanor after December 31, 1992 but reduces the maximum punishment which can be imposed from either one year in the county jail or 16, 24 or 36 months in state prison, to six months in the county jail or 8, 12 or 18 months in the state prison.. In addition to the prison time which is provided for in the bill, the bill provides for a fine to be imposed on a person convicted of violating the intentional venting provision. The January 22, 1990 amendments reduce the fine which can be imposed under this provision from not less than $5,000 or more than $100 ,000 for each day of violation, to not less than $2, 500 or more than $50,000 for each day of violation. All other provisions of AB 2532 remain unaffected by the January 22, 1990 amendments. It appears that' passage of AB 2532 as amended January 22, 1990 would further the Board of Supervisors' environmental goals and it is therefore recommended that the Board continue to indicate their support of AB 2532.