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'Too much, too fast': A call for change on NYSDEC's proposed Hydrofluorocarbon regulations

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NORTH TONAWANDA, N.Y. (WKBW) — New York State Assemblyman Bill Conrad and local stakeholders came together on Friday asking for change relating to the New York State DEC's proposed phaseout of Hydrofluorocarbons.

"This is too much, too fast," said Assemblyman Bill Conrad. "We are all here recognizing that these are well-intended goals and that we want to get there, but the timeline, the feasibility, and the market capability is what's the concern right now."

Hydrofluorocarbons, or HFCs, are heat-absorbing chemicals used in refrigeration and air conditioning equipment. Scientists believe they are harmful to the environment.

While not finalized, Assemblyman Conrad says proposed regulations would limit the use of HFCs in certain sectors across New York State starting on January 1, 2025.

It's a proposal critics believe will have unintended consequences on businesses and the workforce.

This is an issue we've been following since earlier this year when business owners gathered to voice their concerns.

‘It affects every person in NYS’: Buffalo business owners concerned with new DEC regulations

"It will affect farms, food manufacturing, food distributors, supermarkets, convenience stores, restaurants, and more important, hospitals," said Bob Mesmer, Owner of Mesmer Refrigeration. "I know of no air conditioning system in the state that would be legal, or could be repaired after the first year."

"If this goes through this is job loss in New York State," said Mark McDonald with United Steel Workers. "Facilities like Honeywell that work on this type of equipment and do this type of work are going to look at these types of laws and legislation and said if we can't do it here, we'll do it somewhere else. They are going to move out of the state."

Critics believe the proposed regulations would eventually force businesses to replace or retrofit current HVAC or refrigeration equipment, a move that Nick Kusmierski, the owner of The Market In The Square, believes would not only impact his store but also consumers.

"The equipment we have in the stores has to be taken to the junkyard," said Kusmierski. "The piping, compressors, the condensers, and the cases themselves would all have to be replaced...A million-dollar expense is not easily recovered in our industry."

At the core of this appeal is the argument that the state DEC's current proposal exceeds the regulations laid out at the federal level by the Environmental Protection Agency.

In response, Assemblyman Conrad has introduced a bill that would require any state regulations related to Hydrofluorocarbons not to exceed what is laid out by the EPA.

"I'm not against necessarily phasing these HFCs out," said Assemblyman Conrad. "I think that is something that we have to do, and that is something that is a worldwide concept. The thing is the implementation and the timeline, that is my concern right now."

7 News reached out to the New York State Department of Environmental Conservation for comment and received the following statement:

"The New York State Department of Environmental Conservation (DEC) is working to reduce harmful Hydrofluorocarbons (HFCs), which are used mainly as refrigerants and have major negative climate impacts. DEC's draft regulations promote safer, efficient alternatives to HFCs and align New York State with federal and international climate laws and with other US Climate Alliance states. The proposed regulations would require large scale retail food chains to reduce HFCs, which equates to two million metric tons of carbon dioxide equivalent per year, have no direct costs to consumers, and would not require consumers or businesses to replace existing products and equipment prior to the end of useful life. According to the U.S. Environmental Protection Agency (EPA), DEC's proposal is estimated to help businesses reduce energy costs and will result in $288-$540 million in savings, while helping fight climate change.


DEC is currently reviewing input received during public meetings, as well as more than 200 written comments, before making any necessary revisions and enacting final regulations that will help meet the objectives identified in the Scoping Plan and Climate Leadership and Community Protection Act (CLCPA)."