Hydrofluorocarbon gases: sale and distribution prohibition: exemptions.

Assembly Member McKinnor frames AB 663 as a deliberate reorientation of California’s approach to hydrofluorocarbons by establishing a phased, GWP-based prohibition on bulk HFCs while narrowly defining reclaimed refrigerant pathways and directing rapid regulatory action to move the market toward lower-GWP alternatives.

The measure alters the core framework by redefining key terms and setting explicit GWP caps that apply to bulk HFCs and bulk blends entering commerce: 2,200 starting in 2025, 1,500 in 2030, and 750 in 2033, with the state air resources board retained the authority to set even lower limits by regulation. It introduces a structured definition of “certified reclaimed refrigerant” that requires EPA-certification of the reclaimer, compliance with applicable federal specifications, and documentation showing no more than 15 percent new HFC by weight. Exemptions exist but are narrowed and time-limited: certified reclaimed refrigerants remain allowed under the defined criteria, while exemptions for metered dose inhalers used for medical purposes end in 2030 and exemptions for very low temperature refrigeration end in 2028. For bulk blends, the GWP limit applies to the blend as a whole rather than to each component in isolation, and the prohibition on replenishing leaks in state-owned equipment uses high-GWP HFCs is subject to an exemption for certified reclaimed refrigerants.

Enforcement mechanisms and implementation details are part of the package: violations may be enjoined and are subject to penalties under existing health and safety provisions, with penalties deposited into the Air Pollution Control Fund. The act directs the state board to initiate rulemaking to require low- or ultra-low-GWP alternatives where practicable, embedding a transition within regulatory action rather than through immediate market mandates. The measure is an urgency statute, taking effect immediately, and includes a no-reimbursement clause for local agencies while signaling a potential local-mandated program through enforcement, which may create local implementation considerations as agencies adapt to the new requirements.