Relates to standards relating to hydrofluorocarbon substances; provides that any rules or regulations relating to hydrofluorocarbon substances established or implemented by the department of environmental conservation shall conform with, and shall not exceed, any applicable rules or regulations set forth in 40 C.F.R. Part 84, as in effect on October first, two thousand twenty-five.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9596
SPONSOR: Conrad TITLE OF BILL:
An act to amend the environmental conservation law, in relation to stan-
dards relating to hydrofluorocarbon substances
PURPOSE OR GENERAL IDEA OF BILL:
In compliance with the Climate Leadership Community Protection Act, the
bill will ensure that Hydrofluorocarbon refrigerants are subject to the
same regulatory requirements as prescribed by the United States Environ-
mental Protection Agency. Specifically, pursuant to 42 U.S.C. 7675 and
it's implementing regulations at 40 C.F.R. Part 84, as in effect on
October 1st, 2025. This bill will prevent the New York State Department
of Environmental Conservation from introducing additional regulations
that exceed those standards as prescribed by the US EPA.
SUMMARY OF PROVISIONS:
Section 09-0301 of environmental conservation law is amended by adding a
new subdivision 6 to read as follows:
6. Hydrofluorocarbon standards. Any rules or regulations relating to
hydrofluorocarbon substances established or implemented by the depart-
ment shall conform with, and shall not exceed, any applicable rules or
regulations set forth in 40 C.F.R. Part 84, as in effect on October
first, two thousand twenty-five.
(a) For purposes of this subdivision, "hydrofluorocarbon substances"
shall mean any substances used in air conditioning and refrigeration
equipment, aerosol propellants, foams, or solvents, as listed or regu-
lated pursuant to 42 U.S.C, § 7675 and its implementing regulations at
40 C.F.R. Part 84.
(b) Any state regulation, requirement, or prohibition relating to hydro-
fluorocarbon substances that imposes standards more stringent than those
set forth in 40 C.F.R. part 84, as in effect on October first, two thou-
sand twenty-five, is hereby repealed, superseded, and of no further
force or effect to the extent it is more stringent than such applicable
federal regulation.
(c) Nothing in this subdivision shall be construed to:
(i) limit the state's authority to regulate greenhouse gas emissions
generally pursuant to article 75 of this chapter;
(ii) restrict programs addressing energy efficiency, electrification,
refrigerant reclamation, or other measures consistent with the CLCPA; or
(iii) prevent the department from enforcing labeling, reporting, or
reclamation requirements identical to federal requirements for purposes
of consistency and compliance assistance.
Section 4. Severability. If any provision of this act, or its applica-
tion to any person or circumstance, is adjudged invalid by a court of
competent jurisdiction, such judgment shall not affect or impair the
validity of the remainder of the act or its application to other persons
or circumstances.
JUSTIFICATION:
1. New York enacted the Climate Leadership and Community Protection Act
("CLCPA"), N.Y. Envtl. Conserv. Law art. seventy-five, which requires
statewide greenhouse gas emissions reductions of forty percent below
nineteen hundred ninety levels by two thousand thirty and no less than
eighty-five percent by two thousand fifty. These obligations remain
binding and are not diminished by this act.
2. Congress enacted the American Innovation and Manufacturing Act of two
thousand twenty ("AIM Act"), which requires an eighty-five percent
phasedown of HFC production and consumption by two thousand thirty-six,
implemented by the United States Environmental Protection Agency ("EPA")
through 40 C.F.R. part 84. This statutory phasedown is binding nation-
wide and was upheld by the United States Court of Appeals for the
District of Columbia Circuit in July two thousand twenty-five.
3. The climate benefits of the AIM Act flow principally from the
upstream production and consumption phasedown under subpart A of part
84. The EPA has stated in its October two thousand twenty-three rulemak-
ing that additional emissions reductions attributed to the Technology
Transitions Rule are not considered additional because the supply phase
down of production and consumption already constrains total use.
4. Refrigerant transition requires harmonized equipment standards,
building codes, fire safety rules, and technician training. National
uniformity avoids stranded inventory, prevents safety risks from prema-
ture mandates, and supports orderly adoption of substitute refrigerants.
By contrast, ultra-low state thresholds of ten to twenty Global Warming
Potential ("GWP") lack feasibility analysis, rely on refrigerants not
yet approved under EPA's Significant New Alternatives Policy program,
and risk unlawful or unsafe deployment.
5. The EPA extended certain compliance deadlines in two thousand twen-
ty-three and two thousand twenty-four for the Technology Transitions
Rule for residential and light commercial air-conditioning and for vari-
able refrigerant flow systems, to avoid stranded inventory and protect
consumers. New York-only requirements that exceed federal rules increase
costs for small businesses, schools, hospitals, and supermarkets while
providing no incremental climate benefit.
6. For nearly four decades, United States industry and government have
partnered to deliver environmental progress through the Montreal Proto-
col, the nineteen hundred ninety Clean Air Act Amendments, the Kigali
Amendment, and now the AIM Act. These measures succeeded by combining
ambition with feasibility and uniform implementation. Part 494's ultra-
low thresholds deviate from this model and undermine the cooperative
structure that has delivered sustained and politically insulated global
success.
7. Aligning state regulation with the federal program will not impede
New York's ability to meet its CLCPA targets. Federal phasedown obli-
gations under the AIM Act and Kigali Amendment already bind New York to
deep HFC reductions, while state resources can be redirected to higher-
impact measures such as building electrification, energy efficiency, and
environmental justice investments.
PRIOR LEGISLATIVE HISTORY:
New legislation
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9596
IN ASSEMBLY
January 21, 2026
___________
Introduced by M. of A. CONRAD -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to stan-
dards relating to hydrofluorocarbon substances
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 19-0301 of the environmental conservation law is
2 amended by adding a new subdivision 6 to read as follows:
3 6. a. Any rules or regulations relating to hydrofluorocarbon
4 substances established or implemented by the department shall conform
5 with, and shall not exceed, any applicable rules or regulations set
6 forth in 40 C.F.R. Part 84, as in effect on October first, two thousand
7 twenty-five. For purposes of this subdivision, "hydrofluorocarbon
8 substances" shall mean any substances used in air conditioning and
9 refrigeration equipment, aerosol propellants, foams, or solvents, as
10 listed or regulated pursuant to 42 U.S.C. § 7675 and its implementing
11 regulations at 40 C.F.R. Part 84.
12 b. Any state regulation, requirement, or prohibition relating to
13 hydrofluorocarbon substances that imposes standards more stringent than
14 those set forth in 40 C.F.R. Part 84, as in effect on October first, two
15 thousand twenty-five, is hereby repealed, superseded, and of no further
16 force or effect to the extent it is more stringent than such applicable
17 federal regulation.
18 c. Nothing in this subdivision shall be construed to:
19 (1) limit the state's authority to regulate greenhouse gas emissions
20 generally pursuant to article seventy-five of this chapter;
21 (2) restrict programs addressing energy efficiency, electrification,
22 refrigerant reclamation, or other measures consistent with the New York
23 state climate leadership and community protection act; or
24 (3) prevent the department from enforcing labeling, reporting, or
25 reclamation requirements identical to federal requirements for purposes
26 of consistency and compliance assistance.
27 § 2. Severability. If any clause, sentence, paragraph, subdivision,
28 section or part of this act shall be adjudged by any court of competent
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14387-01-6
A. 9596 2
1 jurisdiction to be invalid, such judgment shall not affect, impair, or
2 invalidate the remainder thereof, but shall be confined in its operation
3 to the clause, sentence, paragraph, subdivision, section or part thereof
4 directly involved in the controversy in which such judgment shall have
5 been rendered. It is hereby declared to be the intent of the legislature
6 that this act would have been enacted even if such invalid provisions
7 had not been included herein.
8 § 3. This act shall take effect immediately.
