GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	1 

SENATE BILL 781

Short Title:  Reduce CFC Emissions.	(Public)
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Sponsors: Senators Cooper; and Daniel.
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Referred to:  Environment and Natural Resources.
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April 24, 1991

A BILL TO BE ENTITLED
AN ACT TO REDUCE EMISSIONS OF OZONE-DEPLETING CHLOROFLUOROCARBONS.
The General Assembly of North Carolina enacts:
Section 1.  Article 21B of Chapter 173 of the General Statutes is amended by designating G.S. 143-215.105 through G.S. 143-215.114C as Part 1 to be entitled Air Quality Program.
Sec. 2.  Article 21B of Chapter 143 of the General Statutes is amended by adding a new Part to read:
“Part 2. Chlorofluorocarbons Emissions Control.
"§ 143-215.114G.  Findings; purpose.
(a)	The General Assembly finds that:
(1)	Chlorofluorocarbons (CFC's) are destroying stratospheric ozone, potentially contributing to global climate change and other atmospheric modifications;
(2)	Stratospheric ozone depletion causes an increased intensity of solar ultraviolet radiation which could seriously threaten the existence of many terrestrial and aquatic organisms, as well as damage the human immune system and cause an increase in skin cancers;
(3)	Restrictions on the production and use of CFC's are essential to safeguarding the earth's ozone layer and protecting human health and the environment, as is the development of new products and technologies to replace ozone-depleting substances; and
(4)	This State is committed to conserve the ozone layer of the upper atmosphere by instituting legislative measures which help restrict the use of such substances within its boundaries.
The purpose of this Part is to provide for the reduction of the use of CFC's in order to protect the earth's ozone layer.
"§ 143-215.114H.  Definitions.
As used in this Part:
(1)	‘Approved refrigerant recycling equipment' means equipment that is certified by an independent standards testing organization, approved by the Secretary, as meeting the organization's standards applicable to equipment for the extraction and reclamation of refrigerant from air conditioners;
(2)	‘Business establishment' means an individual, partnership, corporation, or other entity that provides services relating to motor vehicle air conditioners, air conditioners for buildings, or refrigeration equipment;
(3)	‘Motor vehicle air conditioner' means any mechanical vapor compression equipment used to cool any compartment of a motor vehicle;
(4)	‘Properly using approved refrigerant recycling equipment' means using such equipment in conformity with the standards set by an independent standards testing organization that has been approved by the Secretary, establishing the recommended service procedure for containment of refrigerant;
(5)	‘Properly trained and certified' means trained and certified in the proper use of approved refrigerant recycling equipment under a certification program by an independent standards testing organization that has been approved by the Administrator;
(6)	‘Refrigeration equipment' means mechanical vapor compression refrigeration equipment except for a motor vehicle air conditioner.
"§ 143-215.114I.  Servicing motor vehicle air conditioners; certification.
(1)	After January 1, 1992, no business establishment shall perform motor vehicle repair that releases or may release CFC's from a motor vehicle air conditioner, or shall install or service a motor vehicle air conditioner that employs CFC's unless the personnel authorized by it to perform such activities have been properly trained and certified and use approved refrigerant recycling equipment.
(2)	After January 1, 1992, each business establishment that performs service on motor vehicle air conditioners that employ CFC's shall certify to the Secretary that it has acquired and is properly using approved refrigerant recycling equipment in any service on a motor vehicle air conditioner involving refrigerant for such air conditioner and that it and any other person authorized by it to perform such service is properly trained and certified.
(3)	Each certification shall contain the name and address of the business establishment and the serial number of each unit of approved recycling equipment acquired by the establishment and shall be signed by the owner or other responsible corporate officer.
"§ 143-215.114J.  Servicing refrigeration equipment; certification.
(1)	After July 1, 1992, no business establishment shall install or service refrigeration equipment that contains CFC's unless its personnel authorized by it to perform such activities have been properly trained and certified and use approved refrigerant recycling equipment.
(2)	Not later than the date two years after the enactment of this section, each business establishment that installs or performs service on refrigeration equipment shall certify to the Secretary that:
a.	It has acquired and is properly using approved refrigerant recycling equipment in any service on refrigeration equipment that contains CFC's and that it and any other person authorized by it to perform such service is properly trained and certified; and
b.	The business establishment does not use CFC's to clean the exterior surfaces of refrigeration equipment.
(3)	Each certification shall contain the name and address of the business establishment and the serial number of each unit of approved recycling equipment acquired by the establishment and shall be signed by the owner or other responsible corporate officer.
"§ 143-215.114K.  Servicing air conditioners in buildings; certification.
(1)	After July 1, 1992, no business establishment shall perform repair on air conditioners in a building when such repair releases or may release CFC's from an air conditioner, or shall install or service an air conditioner when such air conditioner employs CFC's unless the personnel authorized by it to perform such activities have been properly trained and certified and use approved refrigerant recycling equipment.
(2)	After July 1, 1992, each business establishment that performs service on air conditioners that employ CFC's shall certify to the Secretary that it has acquired and is properly using approved refrigerant recycling equipment in any service on an air conditioner involving refrigerant for such air conditioner and that it and any other person authorized by it to perform such service is properly trained and certified.
(3)	Each certification shall contain the name and address of the business establishment and the serial number of each unit of approved recycling equipment acquired by the establishment and shall be signed by the owner or other responsible corporate officer.
"§ 143-215.114L.  Other prohibited acts regarding CFC's.
(a)	Refrigerant that contains CFC's shall not be sold in this State in any pressurized container weighing less than 15 pounds.
(b)	After January 1, 1992, no person shall sell in this State CFC-propelled plastic party streamers and noise horns, CFC-containing cleaning fluids for electronic and photographic equipment, or any other consumer products which are capable of releasing CFC's into the atmosphere when, as determined by the Secretary, these products are nonessential.
(c)	After January 1, 1992, no person shall engage in any activity which results in the person knowingly releasing CFC's into the air.
"§ 143-215.114M.  Duties of State agencies.
(a)	The Department shall survey products that employ or are manufactured with CFC's.  The Department shall report to the General Assembly no later than January 1, 1993, such report to include the results of its survey and the Department's recommendations as to which products to ban the sale or manufacture of due to the product's nonessential use or potential to deplete ozone.
(b)	After January 1, 1991, the Department of Administration and the Department of Transportation, shall not perform motor vehicle repairs on State-owned motor vehicles when such repair releases or may release CFC's from a motor vehicle air conditioner, and shall not install or service a motor vehicle air conditioner in a State-owned motor vehicle when such air conditioner employs CFC's unless the personnel authorized by it to perform such activities have been properly trained and certified and use approved refrigerant recycling equipment.
(c)	The Department of Administration and the Department of Transportation shall phase out the purchase of products that contain CFC's or that are manufactured with CFC's.
(d)	The Department of Administration shall not install or service an air conditioner in a State building when such air conditioner employs CFC's unless the personnel authorized by it to perform such activities have been properly trained and certified and use approved refrigerant recycling equipment.
(e)	The Department of Community Colleges shall establish courses to properly train and certify persons to repair and install motor vehicle air conditioners, refrigerators, and air conditioners for buildings that employ CFC's and to properly use approved refrigerant recycling equipment.
"§ 143-215.114N. Penalties.
(a)	A person who violates this Part shall be punished by a civil penalty of not more than one thousand dollars ($1,000) per day of violation.
(b)	A person who knowingly and willfully violates this act shall be guilty of a misdemeanor punishable by a fine of not more than five thousand dollars ($5,000) per day of violation."
Sec. 3.  This act is effective upon ratification.