BILL NUMBER: AB 712 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 29, 2002
AMENDED IN SENATE AUGUST 5, 2002
AMENDED IN SENATE JUNE 11, 2002
AMENDED IN ASSEMBLY APRIL 17, 2001
AMENDED IN ASSEMBLY MARCH 27, 2001
INTRODUCED BY Assembly Member Migden
FEBRUARY 22, 2001
An act to add Article 10.3 (commencing with Section 25214.9) to
Chapter 6.5 of Division 20 of the Health and Safety Code, relating to
hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 712, as amended, Migden. Fluorescent lamps:
disposal: recycling.
(1) Existing law prohibits the management of hazardous waste,
except in accordance with the hazardous waste laws. Existing law
requires any mercury-containing vehicle light switch, as defined,
that is removed from a vehicle to be subject to the regulations
adopted by the Department of Toxic Substances Control regarding the
management of universal waste and other applicable regulations, and
requires the department to take specified actions with regard to the
safe removal and disposal of those switches. Under existing law, the
funds in the Hazardous Waste Control Account in the General Fund may
be appropriated to the department to administer and implement the
hazardous waste control laws. A violation of the hazardous waste
control laws, including any regulation, standard, or requirement
issued pursuant to the hazardous waste control laws, is a crime.
This bill would enact the Mercury Pollution Prevention Act of 2002
and would define the terms "high mercury fluorescent lamp"
and "low mercury fluorescent lamp." The bill would require the
department, by January 1, 2004, to make a specified determination
regarding the disposal of high-mercury fluorescent lamps and, if the
department makes this determination, the department would be
authorized to prohibit the sale or disposal of high-mercury
fluorescent lamps in the state .
The bill would require, after January 1, 2004, every retail
purchaser who purchases a fluorescent lamp from a retail seller to
pay a fluorescent lamp recycling fee of 3
for each fluorescent lamp purchased in this state. The retail
seller would be required to collect the fluorescent lamp recycling
fee from the retail purchaser at the time of sale and to transmit the
fee revenues to the department State Board
of Equalization accompanied by any forms prescribed by the
department board . s The bill would
require the department board to deposit
the fees collected under the act into the Fluorescent Lamp Recycling
Subaccount, which the bill would establish in the Hazardous Waste
Control Account and would authorize the board to retain an
amount of each fee that is equivalent to the amount of administering
the collection of the fee . The bill would authorize the
department to expend the funds in the account
subaccount , upon appropriation by the Legislature,
to make matching grants to local governments for collecting and
processing fluorescent lamps and to provide recycling incentive
payments to fluorescent lamp recyclers to
establish and provide grant funds to local
governments to assist in the convenient and cost-effective collection
and processing of fluorescent lamps as a universal waste, to
establish a recycling incentive grant program, including incentive
payments, to fluorescent lamp recyclers that collect and process
fluorescent lamps, and to establish a recycling incentive grant
program, including incentive payments, to retailers or wholesalers
that collect and transport fluorescent lamps. The bill would also
authorize the department to expend the funds in the subaccount, upon
appropriation by the Legislature, to establish a public information
program to educate the public of the hazards of fluorescent lamps and
fluorescent lamp collection programs, to implement the program
established by the bill, and to take any activity necessary to ensure
the safe and proper collection, handling, and transportation of
fluorescent lamps .
The bill would authorize the department to adopt regulations to
implement the act and would authorize the department to adopt
emergency regulations that are exempt from repeal by the Office of
Administrative Law .
Since a violation of the bill's fee payment requirements
and the prohibitions imposed by the department pursuant to
the hazardous waste control laws would be crimes, the bill would
impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 10.3 (commencing with Section 25214.9) is added
to Chapter 6.5 of Division 20 of the Health and Safety Code, to
read:
Article 10.3. Mercury Pollution Prevention Act of 2002
25214.9. The Legislature finds and declares all of the following:
(a) Mercury is a persistent and toxic substance that readily
bio-accumulates in the environment. Mercury pollution poses a direct
and substantial threat to human health and the environment.
(b) All reasonable efforts should be taken to reduce the
unacceptably high use of mercury in goods and products,
including fluorescent lamps.
(c) The state's laws governing solid and hazardous waste
management place primary emphasis on source reduction, to reduce, to
the extent feasible, the use of hazardous materials in products.
(d) Source reduction is a feasible and preferred strategy for
reducing mercury content in fluorescent lamps. Fluorescent lamps
that meet state and federal hazardous waste criteria, and are thereby
deemed nonhazardous for waste management purposes, are
technologically feasible and widely commercially available.
(e) The continued sale of fluorescent lamps with unacceptably high
levels of mercury should be discouraged to the maximum extent
practicable, thereby reducing mercury pollution in the environment.
(f) All mercury-containing fluorescent lamps, even lamps with a
low mercury content, should be recycled.
(c) All mercury-containing fluorescent lamps should be recycled.
25214.10. This article shall be known, and may be cited as, the
Mercury Pollution Prevention Act of 2002.
25214.11. For purposes of this article, the following definitions
shall apply:
(a) "High mercury fluorescent lamp" means a fluorescent lamp that
exceeds any existing or subsequently amended criteria adopted by the
department pursuant to Section 25141.
(b) "Low mercury fluorescent lamp" means a fluorescent lamp that
does not exceed any existing or subsequently amended criteria adopted
pursuant to Section 25141.
(c) "Retailer
(a) "Retail seller" means a person who sells, or offers for
sale, fluorescent lamps in a retail sale, as defined in Section 6007
of the Revenue and Taxation Code.
(d)
(b) "Subaccount" means the Fluorescent Lamp Recycling
Subaccount created pursuant to subdivision (d)
(e) of Section 25214.13 25214.12
.
25214.12. (a) On or before January 1, 2004, the department shall
do all of the following:
(1) Conduct a review of all available and relevant scientific
information and testing data on fluorescent lamps for the purpose of
determining whether high-mercury fluorescent lamps provide longer
lamp life and whether this longer lamp life results in an equivalent
or lesser amount of mercury discharged into the environment as
low-mercury fluorescent lamps due to less frequent replacement of the
high-mercury fluorescent lamps and other relevant reasons.
(2) Consult with the State Energy Resources Conservation and
Development Commission on the effect of mercury content in
fluorescent lamps on the energy conservation and energy efficiency
benefits provided from the lamps.
(3) Hold at least one public hearing for the purposes of making
available to the public and accepting public comment on the
information reviewed pursuant to paragraph (1).
(b) The department may prohibit the sale or disposal of
high-mercury fluorescent lamps in the state, if the department
determines that these prohibitions do not adversely affect energy
conservation and energy efficiency, and that high-mercury fluorescent
lamps do not provide longer lamp life, or that, for high-mercury
fluorescent lamps, longer lamp life does not result in an equivalent
or lesser amount of mercury discharged into the environment as
low-mercury fluorescent lamps due to less frequent replacement of the
high-mercury fluorescent lamps, and other relevant reasons.
25214.13.
25214.12. (a) On or after January 1, 2004, every retail
purchaser who purchases a fluorescent lamp shall pay a fluorescent
lamp recycling fee of three cents ($.03) to the retail seller for
each fluorescent lamp purchased in the state.
(b) The retail seller shall charge the retail purchaser the amount
of the fluorescent lamp recycling fee as a charge that is separate
from, and not included in, any other fee, charge, or other amount
paid by the retail purchaser.
(c) The retail seller shall collect the fluorescent lamp recycling
fee from the retail purchaser at the time of sale and shall transmit
the fee revenues to the department State
Department of Equalization on or before the last day of the
month following each quarter, accompanied by any forms prescribed by
the department State Board of Equalization
.
(d) The department State Board of
Equalization shall deposit all fee revenues collected
pursuant to this section into the Fluorescent Lamp Recycling
Subaccount, which is hereby established in the Hazardous Waste
Control Account. Funds in the subaccount shall be available for
expenditure by the department, upon appropriation by the Legislature,
for the following purposes:
(1) To provide matching grant funds to local governments to assist
in the convenient and cost-effective collection and processing of
fluorescent lamps as a universal waste.
(2) To provide recycling incentive payments to fluorescent lamp
recyclers that collect and process fluorescent lamps in compliance
with the applicable provisions of Chapter 23 (commencing with Section
66273.1) of Division 4.5 of Title 22 of the Code of California
Regulations.
25214.14 pursuant to this section into the
subaccount, except that the State Board of Equalization may retain an
amount of each fee that is equivalent to the costs of administering
the collection of the fee.
(e) There is hereby established the Fluorescent Lamp Recycling
Subaccount within the Hazardous Waste Control Account. In addition
to any other money that may be deposited in the subaccount pursuant
to statute, all of the following amounts shall be deposited into the
subaccount.
(1) All fee revenues collected pursuant to this section.
(2) Any interest earned upon the money deposited in the
subaccount.
(f) The funds in the subaccount are for expenditure by the
department, upon appropriation by the Legislature, for all of the
following purposes:
(1) Providing grant funds to local governments to assist in the
convenient and cost-effective collection and processing of
fluorescent lamps as a universal waste.
(2) Establishing a recycling incentive grant program, including
incentive payments, to fluorescent lamp recyclers that collect and
process fluorescent lamps in compliance with the applicable
provisions of Chapter 23 (commencing with Section 66273.1) of
Division 4.5 of Title 22 of the California Code of Regulations. In
selecting recycling incentive grant recipients, the department shall
consider the following factors:
(A) Compliance history.
(B) Recycling volumes.
(C) Ensuring that the recycling process to be funded produces a
viable product and prevents the mercury from environmental
circulation.
(3) Establishing a recycling incentive grant program, including
incentive payments, to retailers or wholesalers that collect and
transport fluorescent lamps in compliance with the applicable
provisions of Chapter 23 (commencing with Section 66273.1) of
Division 4.5 of Title 22 of the California Code of Regulations.
(4) Establishing a public information program to educate the
public of the hazards of fluorescent lamp collection programs.
(5) Implementing this article.
(6) Undertaking any activity necessary to ensure the safe and
proper collection, handling, and transportation of fluorescent lamps.
25214.13. The department may, as necessary, adopt
regulations to implement and enforce this article as emergency
regulations in accordance with Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code, and
for purposes of that chapter, including Section 11349.6 of the
Government Code, the adoption of the regulations is an emergency and
shall be considered by the Office of Administrative Law as necessary
for the immediate preservation of the public peace, health, safety,
and general welfare. The emergency regulations adopted pursuant to
this section shall remain in effect, without regard to the
limitations of subdivision (e) of Section 11346.1 of the Government
Code, until permanent regulations are adopted .
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.