§ 38-0107. Regulation of the use of chlorofluorocarbon compounds.

1. The commissioner shall by regulation provide that:

(a) On and after January first, nineteen hundred ninety-one, no person
repairing or servicing motor vehicle air conditioners shall knowingly
vent into the atmosphere the chlorofluorocarbon compounds contained in
such air conditioners and shall capture for recycling or capture and
recycle, to the greatest extent possible, the chlorofluorocarbon
compounds during servicing and repair of such air conditioners by
properly using approved refrigerant recycling equipment provided,
however, that the provisions of this paragraph shall not apply to any
automobile repair shop with less than four covered bays, until January
first, nineteen hundred ninety-two;

(b) On and after January first, nineteen hundred ninety-two, no motor
vehicle air conditioners shall be disposed of by any means without first
having had the chlorofluorocarbon refrigerants contained within
mechanical cooling systems captured for recycling. Such recapture shall
be performed by the person accepting the motor vehicle air conditioners
for recycling or dismantling. In making captured chlorofluorocarbon
compound refrigerants, which are captured from disposed of motor vehicle
mobile air conditioning systems, suitable for reentry into the market
place, the captured chlorofluorocarbon compound refrigerants must be
recycled to a uniform level of quality such as that specified by the
Air-Conditioning and Refrigeration Institution (ARI) Standard 700
"Specifications for Fluorocarbon Refrigerants";

(c) On and after January first, nineteen hundred ninety-two, no
chlorofluorocarbon compounds shall knowingly be vented into the
atmosphere or otherwise be improperly disposed of during the repair,
servicing or disposal of refrigeration systems but instead shall to the
greatest extent possible be captured for recycling. In making captured
chlorofluorocarbon compound refrigerants, which are captured from a
refrigeration system, suitable for reentry into the market place, the
captured chlorofluorocarbon compound refrigerants must be recycled to a
uniform level of quality such as that specified by the Air-Conditioning
and Refrigeration Institute (ARI) Standard 700 "Specification for
Fluorocarbon Refrigerants".

(d) On and after January first, nineteen hundred ninety-two, no
containers containing less than fifteen pounds of chlorofluorocarbon
compounds, commonly used for recharging automotive air conditioners,
shall be sold or offered for sale within the state except for sales to
persons meeting the requirements of section three hundred ninety-eight-c
of the vehicle and traffic law and who have obtained for use in their
business approved motor vehicle refrigerant recycling equipment or
approved motor vehicle refrigerant recapturing equipment or to persons
for purposes of resale only. Persons wishing to purchase
chlorofluorocarbon compounds in containers with a capacity less than
fifteen pounds must show proof of compliance with the requirements of
this section.

2. The commissioner is hereby directed upon application by an
interested party to determine, after a hearing, whether any uses,
including but not limited to medical uses, of chlorofluorocarbon
compounds and halon compounds are so necessary to human health, safety
and welfare that they should be exempted from the application of this
section and section three hundred ninety-nine-t of the general business
law or, upon a finding that appropriate refrigerant recycling equipment
does not exist in sufficient quantities, to phase in compliance with the
provisions of subdivision one of this section by postponing the
compliance dates therein. Upon receiving an application to phase in
compliance with the provisions of paragraph (a), (b), or (c) of
subdivision one of this section, the commissioner shall approve or deny
the application within ninety days. If the commissioner fails to act
within ninety days, the application shall automatically be granted for
one hundred eighty days or until such time as the commissioner renders a
decision, whichever is longer.

Any action of the commissioner under this article shall be subject to
judicial review in a proceeding under article seventy-eight of the civil
practice law and rules instituted within thirty days of its effective
date.

3. Any local law, ordinance, rule or regulation relating to sale, use,
reuse, reclamation, or disposal of chlorofluorocarbon compounds must be
identical to or the same as the provisions of this article and the rules
and regulations adopted hereunder.