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Home My WebLink AboutMINUTES - 07171990 - 1.28 TO: BOARD OF SUPERVISORS Contra FROM: Costa Phil Batchelor, County Administrator x County DATE: July 10, 1990 q COUN SUBJECT: LEGISLATION: AB 2532 (Vasconcellos) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECO14MENDATION: Indicate that the Board of Supervisors continues to SUPPORT 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. On March 6, 1990 the Board voted to continue its support of AB 2532 as it was amended January 22, 1990. On March 13 , 1990 the Board of Supervisors voted to continue its support of AB 2532 as the bill was amended January 29, 1990. The bill has now been amended again. As amended June 21, 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 CONTINUED ON ATTACHMENT: VPC YES SIGNATURE: L� -&RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE GG APPROVE OTHER SIGNATURE(S): 621 , le ACTION OF BOARD ON .Ill ly 170 1990 APPROVED AS RECOMMENDED AX OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT 277- ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: ATTESTED JUL 17 1990 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Please see Page 3. BY DEPUTY M382 (10/88) -2- 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 by January 1, 1995; 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, 1995. The bill requires , the use of approved refrigerant recycling equipment whenever servicing an automobile air-conditioner after January 1, 1992. The bill provides for civil fines for violating this provision of $25 per incident, not to exceed $500 per day. The bill prohibits the sale after January 1, 1992 of any refrigerant containing CFC' s or CFC replacement products which have an ozone depletion potential less than .1 but greater than 0 in a container smaller than 15 pounds to persons or businesses that have not been certified. The bill provides for civil fines for violating this provision of $25 per incident, not to exceed $500 per day. The bill provides 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% Each of these deadlines can be extended for up to two years, 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, 1992. The bill provides that on and after January 11 1992 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, 1992 DMV is required to develop information on this subject which can be made available to automobile customers. Civil penalties are provided for any violation of this provision in the amount of $500 per incident, not to exceed $5,000 per day. The bill prohibits 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 fully halogenated chloroflurocarbons, unless the State Air Resources Board determines that suitable replacement refrigerants are not reasonable available. The bill provides for civil penalties for violations of this provision of $500 per incident, not to exceed $5,000 per day. -3- The bill provides that only a qualified contractor may install, replace, or service refrigeration systems that are subject to the requirements of this law. Beginning not later than January 1, 1992, and at least every 12 months thereafter,the owner or operator of a refrigeration system used at a retail store, cold storage warehouse, or commercial or industrial building, shall have a qualified contractor conduct an inspection of the system to determine whether it is in proper working condition and not leaking or emitting CFCs. The owner or operator of the refrigeration system is responsible for remedying any deficiencies which are discovered. The qualified contractor is required to supply a complete record of his inspection to the owner or operator of the refrigeration system. The contractor must keep these inspection records and make them available to a representative of a county or regional air pollution control district. The bill also requires the contractor to maintain records of the amount of CFC's he has purchased and where and when these supplies were used. These provisions are phased in for different types of CFC's between July 1, 1991 and January 1, 1992 . The bill prohibits other types of testing of CFC systems and provides for additional record keeping requirements. 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 of $12 ,500 for each separate violation or, for continuing violations, for each day that the violation continues. The bill also provides that the maximum civil penalty which can be imposed for making a false statement in regard to any report required by the bill is $5,000 for each separate violation, or for continuing violations, for each day that the violation continues. The bill makes intentional venting of CFC' s a misdemeanor during calendar year 1992 and provides for a maximum penalty which can be imposed of six months in the county jail. The bill makes such violation a felony or a misdemeanor after December 31, 1992 with a maximum punishment which can be imposed of 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 of not less than $2,500 or more than $50,000 for each day of violation. The bill also makes 'it a misdemeanor for any person to sell any vehicle or appliance to a junk dealer without certifying in writing that the CFC' s have been removed. Conviction carries a file of $100 for each violation. It appears that passage of AB 2532 as amended June 21, 1990 would further the Board of Supervisors' environmental goals and it is therefore recommended that the Board continue to indicate its support of AB 2532. AB 2532 passed the Assembly on January 30, 1990 by a vote of 44: 29 and is currently on referral to the Senate Natural Resources and Wildlife Committee. cc: Assemblyman John Vasconcellos County Administrator Community Development Director Resource Recovery Specialist Chuck Zahn, Staff to the Environmental Affairs Committee County Counsel Les Spahnn, SRJ. Jackson, Barish & Associates