1.1    .................... moves to amend H. F. No. 3545 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2006, section 115.071, subdivision 1, is amended to
1.4read:
1.5    Subdivision 1. Remedies available. The provisions of sections 103F.701 to
1.6103F.761 , this chapter and chapters 114C, 115A, and 116, and sections 216H.10 to
1.7216H.15, 325E.10 to 325E.1251, and 325E.32 and all rules, standards, orders, stipulation
1.8agreements, schedules of compliance, and permits adopted or issued by the agency
1.9thereunder or under any other law now in force or hereafter enacted for the prevention,
1.10control, or abatement of pollution may be enforced by any one or any combination of
1.11the following: criminal prosecution; action to recover civil penalties; injunction; action
1.12to compel performance; or other appropriate action, in accordance with the provisions
1.13of said chapters and this section.

1.14    Sec. 2. [216H.10] DEFINITIONS.
1.15    Subdivision 1. Applicability. For purposes of sections 216H.10 to 216H.15, the
1.16following terms have the meanings given.
1.17    Subd. 2. Agency. "Agency" means the Pollution Control Agency.
1.18    Subd. 3. Carbon dioxide equivalent. "Carbon dioxide equivalent" means the
1.19quantity of carbon dioxide that has the same global warming potential as a given amount
1.20of another greenhouse gas.
1.21    Subd. 4. Commissioner. "Commissioner" means the commissioner of the Pollution
1.22Control Agency.
1.23    Subd. 5. Global warming. "Global warming" means the observed and predicted
1.24increase in the temperature of the atmosphere near the earth's surface and the oceans.
2.1    Subd. 6. Global warming potential or GWP. "Global warming potential" or
2.2"GWP" means a quantitative measure of the potential of an emission of a greenhouse
2.3gas to contribute to global warming over a 100 year period expressed in terms of the
2.4equivalent emission of carbon dioxide needed to produce the same 100-year warming
2.5effect, as reported in Fourth Assessment Report: Climate Change 2007, International
2.6Panel on Climate Change.
2.7    Subd. 7. High-GWP greenhouse gas. "High-GWP greenhouse gas" means
2.8hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
2.9    Subd. 8. Mobile air conditioner. "Mobile air conditioner" means mechanical
2.10vapor compression refrigeration equipment used to cool the passenger compartment of a
2.11motor vehicle.
2.12    Subd. 9. Motor vehicle. "Motor vehicle" has the meaning given in section 168.011,
2.13subdivision 4.
2.14    Subd. 10. New motor vehicle. "New motor vehicle" has the meaning given in
2.15section 80E.03, subdivision 7.
2.16    Subd. 11. Refrigerant. "Refrigerant" means a substance used, sold for use, or
2.17designed and intended for use in a mobile air conditioner to transfer heat out of the space
2.18being cooled.

2.19    Sec. 3. [216H.11] HIGH-GWP GREENHOUSE GAS REPORTING.
2.20    Subdivision 1. Gas manufacturers. Beginning October 1, 2008, and each year
2.21thereafter, a manufacturer of a high-GWP greenhouse gas must report to the agency the
2.22total amount of each high-GWP greenhouse gas sold to a purchaser in this state during
2.23the previous year.
2.24    Subd. 2. Purchases. Beginning October 1, 2008, and each year thereafter, a
2.25person in this state who purchases 100 metric tons or more carbon dioxide equivalent
2.26of a high-GWP greenhouse gas must report to the agency, on a form prescribed by the
2.27commissioner, the total amount of each high-GWP greenhouse gas purchased during the
2.28previous year and the purpose for which the gas was used.

2.29    Sec. 4. [216H.12] MOBILE AIR CONDITIONER LEAKAGE RATES;
2.30DISCLOSURE.
2.31    Subdivision 1. Leakage disclosure. Beginning January 1, 2009, a manufacturer
2.32selling or offering for sale a new motor vehicle in this state containing a mobile air
2.33conditioner that uses the high-GWP greenhouse gas HFC-134a (1,1,1,2-tetrafluoroethane)
2.34as a refrigerant must, 90 days prior to the initial sale or offer for sale, report to the
3.1commissioner the leakage rate, in grams of refrigerant per year, for the type of mobile
3.2air conditioner contained in that make, model, and model year. The leakage rate must be
3.3calculated using the information provided in the most recently published version of the
3.4Society of Automotive Engineers International document J2727, "HFC-134a Mobile
3.5Air Conditioning System Emission Chart." The method by which the leakage rate is
3.6calculated, accounting for each component of the air conditioning unit, must also be
3.7reported to the commissioner.
3.8    Subd. 2. Posting. Beginning January 1, 2009, the agency and the Office of the
3.9Attorney General must post on their Web sites:
3.10    (1) the leakage rate disclosed by a manufacturer under subdivision 1 for each model
3.11and make of new motor vehicle sold or offered for sale in this state; and
3.12    (2) the following statement: "Vehicle air conditioning systems can leak refrigerants
3.13that contribute to global warming. Some leak more than others. You can use the
3.14information provided in the chart to compare information about the global warming
3.15effects of refrigerant leakage from different makes and models when making a decision to
3.16purchase a vehicle."

3.17    Sec. 5. [216H.13] MOTOR VEHICLE SALES; REQUIREMENT.
3.18    Two years after the commissioner of commerce has determined that a manufacturer
3.19has sold or offered for sale at least 1,000 units of a motor vehicle containing an air
3.20conditioner that uses a refrigerant with a GWP less than 150, the manufacturer may not
3.21sell or offer for sale as a new vehicle in this state a substantially equivalent make and
3.22model of the motor vehicle that contains an air conditioner that uses a refrigerant with a
3.23GWP of 150 or greater.

3.24    Sec. 6. [216H.14] MOBILE AIR CONDITIONER REFRIGERANT;
3.25RESTRICTION.
3.26    After July 1, 2008, no person may buy or sell a refrigerant designed to be used in a
3.27mobile air conditioner in a container holding less than 15 pounds of refrigerant.

3.28    Sec. 7. [216H.15] ENFORCEMENT.
3.29    Sections 216H.10 to 216H.14 may be enforced under sections 115.071 and 116.072.

3.30    Sec. 8. REPORT.
3.31    By February 1, 2009, the commissioner shall submit a report to the chairs and ranking
3.32minority members of the senate and house committees with primary jurisdiction over
3.33environmental policy that identifies the uses and emissions sources of hydrofluorocarbons,
4.1perfluorocarbons, and sulfur hexafluoride in this state and suggests options for reducing or
4.2eliminating those uses and emissions and the costs of implementing those options.

4.3    Sec. 9. EFFECTIVE DATE.
4.4    Sections 1 to 8 are effective the day following final enactment."
4.5Delete the title and insert:
4.7relating to environment; requiring reporting of purchases and sales of certain
4.8gases; requiring disclosure of leakage rates of air conditioners in motor vehicles;
4.9requiring the use of certain refrigerants in mobile air conditioners under certain
4.10circumstances; prohibiting the sale of certain refrigerants; requiring a report;
4.11amending Minnesota Statutes 2006, section 115.071, subdivision 1; proposing
4.12coding for new law in Minnesota Statutes, chapter 216H."