2020 -- S 2510

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LC004893

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- MECHANICAL TRADES --

PURCHASE AND SALE RESTRICTION OF REFRIGERANT

     

     Introduced By: Senators Ciccone, Lombardi, Lombardo, Archambault, and Rogers

     Date Introduced: February 25, 2020

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 28-27 of the General Laws entitled "Mechanical Trades" is hereby

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amended by adding thereto the following section:

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     28-27-6.3. Purchase and sale restriction of refrigerant.

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     (a) No person may sell, distribute, offer for sale or purchase any ozone depleting substance

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listed in the EPA Clean Air Act Rule 40 C.F.R §82 Subpart A, Appendices A and B unless that

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person presents a certificate proving that they are in compliance with the certification requirements

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established in 40 C.F.R. §§ 82.150 – 161.

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     (b) The director of the department of labor and training shall have the responsibility to

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enforce the provisions of this section.

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     (c) Any violation of this section shall result in a fine of not more than five hundred dollars

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($500) for a first violation and not more than one thousand dollars ($1,000) for any subsequent

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violation within one year of the first violation.

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     (d) In determining the amount of any penalty imposed pursuant to subsection (c) of this

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section, the director or designee shall consider:

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     (1) The size of the employer's business;

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     (2) The good faith of the employer;

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     (3) The gravity of the violation;

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     (4) The history of previous violations; and

 

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     (5) Whether or not the violation was an innocent mistake or willful.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- MECHANICAL TRADES --

PURCHASE AND SALE RESTRICTION OF REFRIGERANT

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     This act would prevent the sale, distribution and purchase of certain ozone depleting

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substances specified in the EPA Clean Air Act and would provide for penalties and exemptions to

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the act.

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     This act would take effect upon passage.

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