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Assemblyman Bill Conrad, D-Tonawanda, is pictured.
How New Yorkers stay cool in the summer is likely to be a legislative fight in 2024, with lawmakers starting to stake out positions now.
Republicans are likely to oppose new regulations, but there are some differing thoughts amongst state Democrats how to proceed. Some of those differences are seen in bills introduced recently in the state Assembly, one introduced by state Assemblywoman Amy Paulin, D-Scarsdale, and the second introduced by Assemblyman William Conrad, D-Tonawanda.
How much it costs you to buy a refrigerator or air conditioner depends, in part, how the debate shakes out.
EXTENDED PRODUCER RESPONSIBILITY
Paulin’s bill (A.10624) follows a familiar path in the state Legislature over the past few years – extended producer responsibility for the materials they produce. In the case of refrigerants, Paulin proposes requiring the producers of household appliances and refrigerants to collect and recycle what they produce.
Her bill proposes a disposal ban of household appliances and refrigerants, with producers required to submit a collection plan to the state DEC She pointed to a 2014 New York City regulation that Paulin says has collected more than 90,000 products and saved the city more than $1.3 million.
“Many large household appliances such as air conditioners, refrigerators, freezers, and dehumidifiers may contain synthetic refrigerants such as chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and hydrofluorocarbons (HFCs), which contribute to the depletion of the ozone layer and contribute to the climate crisis. Furthermore, a lot of these products end up in landfills where they are treated as conventional waste, and may liberate these synthetic refrigerants further in the atmosphere and soil. However, rather than treating these appliances as conventional waste, many of the materials in these appliances can be recycled,” Paulin wrote in her legislative justification.
New York already has several producer responsibility programs including for tires, car batteries, cell phones, paint and carpet. The state Business Council has advocated against producer responsibility programs in the past, arguing that businesses want to be part of the solution while advocating against requiring industry to implement recycling systems instead of governments. Paulin’s bill rejects that argument.
“This bill would keep household appliances and refrigerants out of our landfills, reducing contamination of New York’s land and water, and preventing climate pollution from being released into the air. As with other extended producer responsibility initiatives, the program required by this bill would hold producers, who profit from the sale of these products, responsible for the collection and recycling of refrigerants and refrigerant-containing appliances at the end of their useful life, promoting a more circular economy and reducing costs for municipalities across the state,” Paulin wrote in her legislative justification.
LEAVE IT TO THE FEDERAL GOVERNMENT
Conrad’s bill takes a different approach. While the Tonawanda Democrat and State College at Fredonia graduate says there should be restrictions on the use of refrigerants, those limits should be set by the U.S. EPA, with the state staying within those limits.
About a year ago, the U.S. EPA said it will enforce stricter limits on hydrofluorocarbons with a 40% overall reduction in HFCs starting in 2024 as part of a global phaseout designed to slow climate change. The rule aligns with a 2020 law that calls for an 85% reduction in production and use of the climate-damaging chemicals by 2036.
Officials said refrigeration and air conditioning systems sold in the United States will emit far fewer HFCs as a result of the rule, the second step in a 15-year phasedown of the chemicals that once dominated refrigeration and cooling equipment.
Conrad says the state’s regulation should meet, and not exceed, federal limits – and it’s likely producer liability for their products would be seen as exceeding the federal requirements.
“The current Climate Leadership Community Protection Act calls for an HFC phasedown that aligns with the approach taken by the United States Environmental Protection Act and the Montreal Protocol, which is an international treaty aimed at protecting the earth’s ozone layer that the United States signed. This bill prevents the imposition of regulations that exceed these standards. More restrictive regulations place New York’s commercial and residential interests in serious economic jeopardy. Stricter regulations would compel homeowners to spend an additional $8,000-$12,000 on new HVAC units and/or products to run air conditioning and refrigerator units. Grocery stores across the state would need to completely change their refrigeration and HVAC systems. Larger supermarkets would be forced to replace refrigeration racks at an estimated $1 million per rack. We need to continue to allow businesses and homeowners to choose the right refrigeration technology for their needs while also ensuring the state fulfills its obligations under CLCPA. This bill will secure that goal.”
