Most states are following the carefully designed national (and global) phase down schedule, but neither the Kigali Amendment nor its federal implementing legislation preempt states from promulgating their own refrigerant regulations. Unfortunately, New York is proposing a significantly different, state-only approach.
New York’s proposed refrigerant regulations, which would take effect by the end of 2024, would not offer much in the way of new or additional climate benefits. But they most definitely would pose burdens on people and businesses in the state that rely on air conditioning, heat pumps, and refrigeration equipment, which is pretty much everyone.
New York’s proposed regulations make unnecessary changes to rules already finalized by the EPA. These changes add significant costs and make compliance more complicated for business owners in the state. In a worst-case scenario, New York’s proposed regulations will prevent manufacturers and retailers from making and selling heat pumps, air conditioners and refrigeration equipment in the state, as soon as next year for some product categories – and the problem could grow worse in future years.
All this can and should be avoided. There’s no regulatory gap to fill. New York is not leading the way – it is unnecessarily altering an already achieved global climate policy victory.
Federal regulations already in effect are squeezing the supply of climate-warming HFCs, meaning eventually there will be so few available that manufacturers all will shift to significantly more climate-friendly refrigerants. But these shifts take years to plan and execute, and state-level building codes and safety standards need to be updated. There’s already a process in place to do this nationally, initially conceived a decade ago, as that’s about how long it takes to set something like this in motion.
In contrast, just months before the first steps of that national plan take effect, New York is trying to speed it up without regard for what is technologically viable or economically feasible. New York’s desire to speed up the process just isn’t possible right now, and later it might not be necessary, as manufacturers already will be using significantly more climate-friendly refrigerants.
We all want a cleaner environment. Consumers deserve energy efficient heating, cooling, and water heating equipment that uses the latest environmental technologies. But manufacturers and consumers also need regulatory mandates that are achievable and affordable, and that provide significant public benefits.
Addressing climate change will require global solutions. States sometimes need to act in the absence of broader initiatives, but in this case, New York should accept victory and remain part of the global plan to reduce HFC use.
Ken Pokalsky is vice president of The Business Council of New York State.
This article originally appeared on Rockland/Westchester Journal News: New York must accept victory in effort to phase down HFCs