Late on December 23, 2024, the New York State Department of Environmental Conservation (NYSDEC) issued a press release, announcing the state had finalized its regulations regarding HFCs. The HVACR industry and other stakeholders had been waiting anxiously for these rules, which are far more restrictive than those required under the federal AIM Act. There is no federal preemption of state laws or rules under the AIM Act, which means individual states can pass more stringent HFC regulations. 

And that is precisely what New York did. Under the final amendments made to its HFC regulation, 6 NYCRR Part 494, starting January 1, 2026, new supermarket refrigeration systems and remote condensing units containing more than 50 pounds of refrigerant must use alternatives with a GWP20 less than 580. For systems with less than 50 pounds of refrigerant, the alternative must have a GWP20 of less than 943. Additionally, beginning January 1, 2034, all new supermarket refrigeration systems, remote condensing units, low- and medium-temperature stand-alone units, vending machines, and cold storage warehouses will be required to use refrigerants with a GWP20 of less than 10. 

The same timeframe applies to all residential and light commercial air conditioners and heat pumps, which must also use refrigerants with a GWP20 less than 10 starting January 1, 2034. In alignment with Environmental Protection Agency (EPA) regulations, the state will allow new R-410A equipment manufactured before January 1, 2025, to be installed until January 1, 2026. From that point until January 1, 2034, all newly installed units must use refrigerants with a GWP100 less than 700. 

Notably, New York does not always use the 100-year GWP (GWP100) measurement favored by the EPA (and most other policy-setting organizations), which compares an HFC’s ability to trap heat in the atmosphere over 100 years relative to CO₂. Instead, the state relies on the stricter 20-year GWP (GWP20) metric, which prioritizes gases with shorter lifetimes, because it does not consider impacts that happen more than 20 years after the emissions occur. This stricter standard further limits the refrigerants allowed in refrigeration and air conditioning equipment to natural options like CO₂ or R-290, as well as pure HFOs. Of course, at this point, there are no residential/light commercial air conditioners or heat pumps available in the U.S. that use these ultra-low GWP refrigerants. 

The new regulations also restrict sales of bulk refrigerants, which is of particular concern to HARDI, which stated in a blog that their worry is the initial prohibition date for bulk refrigerants began on January 9, 2025. Additionally, “while the DEC has claimed that the rule implements a ‘Ban [on] sale of virgin high GWP refrigerants for servicing with an exception for reclaimed refrigerants,’ the rule itself does not provide an exception for the sale of reclaimed refrigerants.” And, some are already reporting an inability to find the refrigerant necessary to repair refrigeration equipment. 

HARDI’s CEO, Talbot Gee, echoed this concern in an editorial, stating, “The DEC says that businesses can use recycled refrigerants to fix their systems, but there just isn’t enough recycled refrigerant to meet demand. In 2023, there were only 880,000 pounds of the type of recycled refrigerant used by supermarkets and restaurants available, but New York alone needs as much as 783,000 pounds a year. … With only 30 days’ notice from the DEC, not enough recycled refrigerant is currently available on the market for local businesses to get what they need.” 

He added that if a commercial system breaks down, it could remain out of service for days or even weeks. During that time, he said the business would be unable to sell perishable items such as meat, dairy, ice cream, and frozen foods until the system is either repaired or replaced. 

“It's not too late for the Legislature to step in and stop this overreaching regulation from being enacted before it hurts New York consumers and businesses,” said Gee.