Florida Senate - 2026 SB 1226
By Senator Burgess
23-01543B-26 20261226__
1 A bill to be entitled
2 An act relating to refrigerant safety and agricultural
3 continuity; creating s. 604.74, F.S.; providing a
4 short title; providing legislative findings and
5 intent; defining terms; authorizing commercial and
6 agricultural food processing and cold chain industries
7 to continue to purchase, install, and service
8 equipment utilizing R-410A refrigerants through a
9 specified date; requiring the Department of
10 Agriculture and Consumer Services to maintain certain
11 records; requiring the department to provide an annual
12 report to the Legislature by a specified date;
13 providing requirements for the annual report;
14 providing immunity from liability for certain persons
15 and business entities; authorizing the department to
16 coordinate with certain entities for a specified
17 purpose; authorizing the department to adopt rules;
18 providing construction; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Section 604.74, Florida Statutes, is created to
23 read:
24 604.74 Refrigerant safety and agricultural continuity.—
25 (1) This section may be cited as the “Refrigerant Safety
26 and Agricultural Continuity Act.”
27 (2) The Legislature finds that this state’s agricultural
28 food processing and cold chain industries rely upon refrigerant
29 systems that ensure product safety, temperature stability, and
30 export reliability. The United States Environmental Protection
31 Agency’s technology transition rule requires replacement of R
32 410A refrigerants with A2L refrigerants, including R-454B
33 refrigerants, beginning in calendar years 2025 and 2026. R-454B
34 refrigerant is classified as a mildly flammable refrigerant and
35 has not been fully tested or certified for all commercial and
36 agricultural refrigerant applications, creating potential risk
37 of fire, equipment failure, and insurance exclusion. A rapid
38 transition to A2L refrigerants may impose substantial costs on
39 this state’s agricultural food processing and cold chain
40 industries with statewide economic impacts estimated in the
41 billions of dollars. It is in the public interest to protect
42 safety, food supply integrity, and small business continuity
43 during the refrigerant transition period. It is the intent of
44 the Legislature to ensure the safety, economic stability, and
45 operational continuity of this state’s commercial and
46 agricultural food processing and cold chain industries by
47 authorizing the continued use of R-410A refrigerants until
48 alternative refrigerants, such as R-454B refrigerants, are
49 proven safe, fully certified, and supported by adequate
50 equipment availability, workforce training, and insurance
51 coverage.
52 (3) As used in this section, the term:
53 (a) “Agricultural refrigerant application” means any
54 cooling or cold storage system used for commercial and
55 agricultural production or food processing, packaging, or
56 transport.
57 (b) “A2L refrigerant” means any refrigerant classified as
58 lower toxicity and mildly flammable under American Society of
59 Heating, Refrigerating and Air-Conditioning Engineers Standard
60 34.
61 (c) “Department” means the Department of Agriculture and
62 Consumer Services.
63 (4) Notwithstanding any federal phase-down schedule or
64 other conflicting law, this state’s commercial and agricultural
65 food processing and cold chain industries may continue to
66 purchase, install, and service equipment utilizing R-410A
67 refrigerants through January 1, 2035, or as otherwise determined
68 by the Legislature. The department shall maintain records of R
69 410A equipment installations and coordinate with relevant
70 federal agencies to ensure compliance with applicable reporting
71 requirements.
72 (5) By January 1, 2027, and annually thereafter, the
73 department, in consultation with the Department of Environmental
74 Protection and the State Fire Marshal, shall provide a report to
75 the President of the Senate and the Speaker of the House of
76 Representatives on:
77 (a) Safety performance data for A2L refrigerants, including
78 R-454B refrigerants.
79 (b) Availability of compliant equipment and certified
80 technicians for statewide transition to A2L refrigerants.
81 (c) Insurance and liability standards applicable to A2L
82 refrigerant systems.
83 (d) Recommendations regarding readiness for statewide
84 transition to A2L refrigerants.
85 (6) A person or business entity operating in compliance
86 with this section and using R-410A refrigerants may not be held
87 liable solely for continued use of such refrigerants under any
88 federal phase-down schedule until a state-certified safe
89 alternative is fully available.
90 (7) The department may coordinate with Florida College
91 System institutions, career centers, and industry trade
92 associations to expand training and certification programs for
93 the safe handling, installation, and servicing of A2L
94 refrigerants.
95 (8) The department may adopt rules to implement this
96 section.
97 (9) This section establishes the state’s enforcement
98 discretion and safety timeline consistent with its interest in
99 agriculture and public safety and may not be construed to
100 preempt or contravene the authority of the United States
101 Environmental Protection Agency.
102 Section 2. This act shall take effect July 1, 2026.