BILL ANALYSIS

S.B. 2019

By: Watson

Transportation

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Texas law, dating from the 1970s, currently prohibits the use of flammable or toxic refrigerants.  The new alternative R1234yf is slightly flammable, whereas the current R-123a is not flammable.  It is the Environmental Protection Agency's evaluation, approval, and setting of usage conditions and process that ensures an alternative refrigerant can be safely used in a vehicle, even if it is slightly flammable like R1234yf.

Manufacturers are transitioning the design of air-conditioning systems for the use of these newer, more environmentally friendly, refrigerants.  Consistency across the nation is ideal.  In addition to Texas, the following states have laws that prohibit the use of these newer refrigerants:  Oklahoma, North Dakota, and Louisiana.  Over the past three years, 15 states have removed statutory or regulatory barriers to the use of these refrigerants. This bill seeks to remove barriers to a more environmentally friendly refrigerant with lower global warming potential. 

S.B. 2019 allows certain refrigerants that are approved and included in the list published by the U.S. Environmental Protection Agency to be used in vehicle air-conditioning equipment. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 2019 amends the Transportation Code to create an exception to the prohibition against a motor vehicle's air-conditioning equipment containing any refrigerant that is flammable or toxic to persons for a refrigerant that is included in the list published by the United States Environmental Protection Agency as a safe alternative motor vehicle air conditioning substitute for chlorofluorocarbon-12 in accordance with federal law. 

EFFECTIVE DATE

On passage, or, if the act does not receive the necessary vote, the act takes effect September 1, 2009.