Rules and Refrigerants

ACCA expects state refrigerant rules to follow the midterms, naming Washington and New York

The contractor group said "Clean Heating Coalitions" are preparing refrigerant bills in at least a dozen states. The Washington and New York rules it cited come from a building code proposal and a state HFC rule already on the books.

By The Gradient Report Staff

Key points

  • The Air Conditioning Contractors of America said Nov. 5 that "Clean Heating Coalitions" are preparing to "pursue a patchwork of refrigerant regulations in at least a dozen states."
  • ACCA said Washington "is looking to allow highly flammable A3 refrigerants in homes next year." The proposal before Washington's State Building Code Council would let some factory-built equipment using natural hydrocarbon refrigerants be installed.
  • ACCA said New York will bar A2L refrigerants in heat pump water heaters starting Jan. 1. New York's HFC rule requires residential heat pump water heaters to use refrigerants with a GWP20 of 10 or less, according to Rheem.
  • ACCA said changes to the AIM Act's HFC phasedown are "now highly unlikely."

Federal fights over refrigerants and fuel choice will move to state capitols after the Nov. 3 elections, Sean Robertson, ACCA's vice president of government relations, wrote in a Nov. 5 post on the group's blog. "Washington is headed for gridlock, and the biggest policy fights over the next two years will happen in the states," he wrote.

Robertson wrote that Democrats were on track to gain control of 12 legislative chambers, "six veto-proof supermajorities, and six governor's offices." He said "Clean Heating Coalitions" are "gearing up to pursue a patchwork of refrigerant regulations in at least a dozen states," with an agenda that includes "a rapid transition to ultra-low GWP refrigerants" and "using PFAS regulations to restrict access to the legacy refrigerants you need for service and maintenance." The post does not name the coalitions' members.

"Changes to the AIM Act's HFC phasedown are now highly unlikely," Robertson wrote. He said that, "emboldened by success in California and Colorado, as well as favorable court rulings," ACCA expects more states to advance gas bans, "highly restrictive building codes, and ultra-low/zero NOx rules."

Washington

ACCA wrote that "Washington State is looking to allow highly flammable A3 refrigerants in homes next year." The proposal is a building code change, not a refrigerant rule from the state's Department of Ecology.

Washington's State Building Code Council is weighing an amendment to the state's version of the 2024 International Mechanical Code tied to code change proposal 24-GP1-113, according to the proposed amendment posted on the council's site. It would allow factory-built "low-probability" equipment using "natural hydrocarbon refrigerants," which are Group A3, to be installed if it is on a Northwest Energy Efficiency Alliance qualified product list or meets the international standards IEC 60335-2-40 or EN 378. The document offers four options. Two limit the product-list path to "research and demonstration purposes, where approved," and one moves the provisions into an optional appendix that local jurisdictions could adopt. The document does not mention homes or name a specific refrigerant.

Homepros reported Oct. 23 that the change would allow A3 equipment to be "installed in homes and businesses," and that the council planned to vote Oct. 30. HARDI, AHRI, PHCC and ACCA's Washington chapter sent a joint letter on Oct. 15 asking the governor and legislature to block it, Homepros reported. "What's the rush? Why are you doing this now?" Zac Johnson, HARDI's senior policy lead on HVACR codes and rebates, told Homepros.

The sources reviewed for this story did not report the outcome of the council's Oct. 30 vote.

Separately, Ecology is rewriting its HFC rules. Its rulemaking notice, filed May 20, says the rulemaking "will also evaluate requirements for specific facility categories, including data centers." Ecology's rulemaking page expects adoption in summer 2028.

Washington's building code council is weighing a change that would allow some factory-built equipment using Group A3 refrigerants.
Washington's building code council is weighing a change that would allow some factory-built equipment using Group A3 refrigerants.AI-generated illustration

New York

ACCA wrote that "New York will ban even the new A2L refrigerants in heat pump water heaters starting January 1," and "everything else in 2030 and 2034."

New York's amended HFC rule, 6 NYCRR Part 494, "requires residential heat pump water heaters to use refrigerants with a GWP20 of 10 or less" starting Jan. 1, 2027, water heater maker Rheem wrote in a guide for contractors.

Rheem wrote that noncompliant models manufactured before the deadline "can continue to be sold and installed until January 1, 2028," and that "manufacturing date limitations are still being questioned with the DEC and subject to change." New York's Part 494 FAQ places domestic water heating under "other residential HVAC."

StateWhat ACCA wroteWhat the state record shows
Washington"Looking to allow highly flammable A3 refrigerants in homes next year"Building Code Council proposal 24-GP1-113 would allow some factory-built equipment using natural hydrocarbon refrigerants. Homepros reported a vote set for Oct. 30.
New York"Will ban even the new A2L refrigerants in heat pump water heaters starting January 1"Part 494 requires residential heat pump water heaters to use refrigerants with a GWP20 of 10 or less from Jan. 1, 2027, according to Rheem.
California, ColoradoCited as places where gas bans, building codes and NOx rules succeededThe post names no specific rule.

Other items

Robertson wrote that some states "may step in to replace lost federal tax credits," and that ACCA expects many states to launch programs under the "$8 billion in Home Energy Rebate programs created under the Inflation Reduction Act and rebooted in June" over the next few months.

ACCA's government relations staff made similar points at an ACHR News forum, where Robertson showed a map of 14 states labeled "Clean Heating Coalition," ACHR News reported Nov. 4.

Sources

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