2023 -- S 0858

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LC002334

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- 2021 ACT ON CLIMATE

     Introduced By: Senators Gu, and Pearson

     Date Introduced: March 30, 2023

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 42-6.2 of the General Laws entitled "2021 Act on Climate" is hereby

amended by adding thereto the following section:

     42-6.2-13. Minimizing the leakage of high-global warming potential refrigerants.

     (a) Definitions. As used in this section, the following terms shall have the following

meanings, unless the context clearly indicates otherwise.

     (1) "Department" means the Rhode Island department of environmental management.

     (2) "Executive officer" means a program management officer designated by the department

of environmental management for the purposes of enforcing this section.

     (3) "Stationary" means or is meeting at least one of the following conditions:

     (i) Is installed in a building, structure, or facility;

     (ii) Is attached to a foundation, or if not so attached, will reside at the same location for

more than twelve (12) consecutive months; or

     (iii) Is located at the same single location on a permanent basis for at least two (2)

consecutive years, and operates at that single location at least three (3) months each year.

     (4) "Stationary refrigeration system" means non-residential stationary equipment that is an

industrial process refrigeration, a commercial refrigeration, or other refrigeration appliance with a

single refrigerant circuit that requires more than fifty pounds (50 lbs.) of any combination of high

global warming potential refrigerant to maintain normal operating characteristics and conditions.

     (b) Preventing the leakage of high-global warming potential (GWP) refrigerants used in

stationary, non­residential refrigeration systems.

     (1) Registration. An owner of a stationary refrigeration system in Rhode Island must

register their system with the department within six (6) months of the effective date of this section.

     (2) Change of ownership. Before any change of ownership, a person selling a stationary

refrigeration system in Rhode Island must ensure that it is free of refrigerant leaks through a leak

inspection performed by a certified technician. In addition, a person selling a refrigeration system

that has been registered pursuant to this section must inform the buyer of the registration

requirements specified in this section and must submit a change of ownership notification to the

executive officer, who shall provide a copy of that notification to the department.

     (3) Leak detection and monitoring for facilities with stationary systems. The owner of a

stationary refrigeration system in Rhode Island shall conduct a leak inspection on a monthly basis

using a leak detection device. Leak inspections must be performed twenty-four (24) hours after a

system alert. A leak inspection device is required to determine the location of the leak.

     (4) The department shall promulgate rules and regulations to correspond with and enforce

this section and the Federal Environmental Protection Agency's regulations on stationary

refrigeration systems in accordance with section 608 of the Clean Air Act (see regulations at 40

CFR Chapter 1, Subchapter C, Part 82).

     (5) The penalty for failure to comply with this section and the rules and regulations

promulgated pursuant to this section shall be a civil penalty not to exceed five hundred dollars

($500) for each offense.

     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 STATE AFFAIRS AND GOVERNMENT -- 2021 ACT ON CLIMATE

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     This act would require an owner of a stationary refrigeration system in Rhode Island to

register their system with the Rhode Island department of environmental management. The act

would also require owners to conduct a leak inspection of the system on a monthly basis.

     This act would take effect upon passage.

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LC002334

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