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SB 5438

Momentum Bucket Early Stage
Legal Title AN ACT Relating to reducing greenhouse gas emissions associated with hydrofluorocarbons by transitioning to environmentally and economically sustainable alternatives and promoting use of reclaimed hydrofluorocarbons;
Bill Description Reducing greenhouse gas emissions associated with hydrofluorocarbons.
What this bill does
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This bill creates new state regulatory requirements to reduce greenhouse gas emissions from hydrofluorocarbons (HFCs) by phasing in lower‑global warming potential (GWP) refrigerants and promoting use of reclaimed HFCs. It prohibits the sale, distribution, or other entry into commerce in Washington of virgin bulk HFCs or virgin bulk HFC blends that exceed specified GWP thresholds: 2,200 on January 1, 2027; 1,500 on January 1, 2030; and 750 on January 1, 2033. Reclaimed HFCs, applications covered by American Innovation and Manufacturing Act allowances, and pure transshipments are exempt; the GWP test for blends applies to the blend as a whole. Violations are subject to penalties provided in chapter 70A.15 RCW. The Department of Ecology must adopt rules to implement these prohibitions, may lower GWPs or advance dates if sufficient reclaimed supply exists, may update definitions to align with federal rules or other jurisdictions, and may specify that “enter into commerce” includes use of stockpiled refrigerants. The department must establish and chair a refrigerant transition task force to study pathways and barriers, prepare a report (draft available for public input by June 1, 2027 and final report due to legislative committees by December 1, 2027), and then adopt rules—based on the task force work—to require low‑ or ultra‑low‑GWP alternatives in a sector unless impracticable. Temporary exemptions of up to three years are allowed where compliance is technically or economically infeasible, conditional on an enforceable plan and subject to renewal procedures. The bill also revises state procurement policy: the Department must give purchasing preference to products that are not restricted, that do not contain HFCs or contain comparatively low‑GWP HFCs, are not designed to work only with high‑GWP HFCs, or were manufactured without high‑GWP HFCs; it must also prefer reclaimed refrigerant meeting federal quality standards for use in existing equipment. State agencies may not knowingly buy non‑preferred products unless no cost‑effective and technologically feasible preferred option exists. Beginning July 1, 2026, non‑reclaimed HFCs with GWP greater than 750 may not be used to service or replenish leaks in state stationary equipment; exemptions follow the same up to three‑year, plan‑based structure. The bill modifies RCW 70A.60.010, adds new sections to chapter 70A.60 RCW, and reenacts/amends RCW 39.26.310. Some statutory text is missing from the extracted material: several definitions are truncated (for example the definition of “Manufacturer” and other terms), the effective date language is not provided, and the specific changes to RCW 39.26.310 are not included, so complete implementation details and certain definitional clarifications are uncertain from the excerpts provided.
Why it matters
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If enacted, Washington will phase out sales of new (virgin) bulk HFC refrigerants above progressively lower global warming potentials on set dates (2027, 2030, 2033), require state agencies to prefer lowor no‑HFC products and reclaimed refrigerants, and bar the use of nonreclaimed HFCs above GWP 750 to service state stationary equipment beginning July 1, 2026. The Department of Ecology must run a refrigerant transition task force, write rules to require lowor ultra‑low‑GWP alternatives in sectors when practicable, and can grant temporary, conditional exemptions up to three years; penalties apply for violations. Manufacturers and distributors of high‑GWP virgin HFCs will see shrinking market access and will likely need to shift to reclaimed product, lower‑GWP blends, or new equipment designs, while reclamation and alternative‑product suppliers could see increased demand. State agencies must change procurement practices and may face higher upfront costs or equipment conversion needs but can seek exemptions if compliance is infeasible; owners and operators of refrigeration and air conditioning equipment face choices to retrofit, switch refrigerants, or rely on reclaimed supplies. Important details are missing or truncated in the provided text (some definitions and an amendment to RCW 39.26.310), so timing, exact scope of some terms, and certain implementation mechanics remain uncertain.
Official Documents View Full Bill Text
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SB 5438 Details and Bill Topics

Details

Date Introduced 01/22/2025
Originating Chamber Senate
Biennium 2025-26
Total Campaign Dollars Backing Bill $5,813,716.50

Bill Topics

ECOLOGY, DEPARTMENT OF
ENVIRONMENTAL HEALTH AND SAFETY

SB 5438 Sponsors and Committee Hearings

Sponsors

Senator Lovelett (Primary)
Senator Bateman
Senator Saldaña
Senator Trudeau
Senator Shewmake
Senator Cleveland
Senator Hasegawa
Senator Nobles
Senator Orwall
Senator Ramos
Senator Stanford
Senator Valdez

Committee Hearings

Hearing Senate Environment, Energy & Technology (Public)
Go to SB 5438 at leg.wa.gov

SB 5438 Bill Timeline

Early Stage
1/11/2026
SEnvironment, E
By resolution, reintroduced and retained in present status.
1/21/2025
SEnvironment, E
First reading, referred to Environment, Energy & Technology.

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