BILL NUMBER: AB 1109	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Huffman

                        FEBRUARY 23, 2007

   An act to add Article 10.02 (commencing with Section 25210.9) to
Chapter 6.5 of Division 20 of the Health and Safety Code, and to add
Section 25402.5.5 to the Public Resources Code, relating to energy
resources.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1109, as introduced, Huffman. Energy resources: lighting
efficiency: hazardous waste.
   (1) Existing law, administered by the Department of Toxic
Substances Control, prohibits the management of hazardous waste,
except in accordance with the hazardous waste laws or the regulations
adopted by the department. A violation of the hazardous waste
control law is a crime.
   The State Energy Resources Conservation and Development Commission
is required to prescribe by regulation standards for energy
conservation and efficiency, including the adoption of efficiency
standards for outdoor lighting.
   This bill would enact the California Lighting Efficiency and
Toxics Reduction Act and would require the department to prescribe,
by regulation, schedules for reducing the maximum levels of mercury
and lead, per lumen, in general purpose lights, as defined, sold or
offered for sale in this state. Every manufacturer of general purpose
lights sold in this state and containing hazardous materials would
be required by July 1, 2009, to ensure a system is in place for
collection and recycling of end-of-life general purpose lights
generated in this state, and submit to the department a collection,
recycling, and management plan fulfilling certain requirements, by
July 1, 2008.
   Because a violation of this bill's requirements would be a crime,
the bill would impose a state-mandated local program.
   The commission would be required to take certain specified actions
to reduce energy consumption for lighting in this state by 50% by
2018.
   (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.  This act shall be known and may be cited as the
California Lighting Efficiency and Toxics Reduction Act.
  SEC. 2.  The Legislature finds and declares all of the following:
   (a) This state has long been a national and international leader
on energy conservation and environmental stewardship efforts,
including the areas of air quality protections, energy efficiency
requirements, renewable energy standards, natural resource
conservation, toxic waste reduction, recycling and greenhouse gas
emission reduction.
   (b) Energy consumption for lighting accounts for nearly 20 percent
of the state's electricity demand. The energy efficiencies of
existing lighting technologies vary significantly, and while
California leads the nation in the use of energy efficient compact
fluorescent lighting, more than 94 percent of current light bulb
purchases are for less efficient incandescent bulbs.
   (c) Transitioning to currently available higher efficiency
lighting technologies will substantially reduce energy consumption
and pollution, including reducing greenhouse gas emissions, while
lowering costs to consumers.
   (d) Switching from existing incandescent lamps to longer lasting,
higher efficiency compact fluorescent lamps (CFLs) will reduce energy
consumption, result in a California CO2 emission reduction of 2.5
million metric tons, and save consumers thirty dollars ($30) to sixty
dollars ($60) per light over the life (five to eight years) of a
CFL.
   (e) Many existing lighting choices contain toxic materials. Most
fluorescent lighting products contain hazardous levels of mercury.
Most incandescent lighting products contain hazardous levels of lead.
California prohibits disposing of hazardous lighting products in the
solid waste stream. The hazardous material in these products can be
managed through recycling, but current recycling opportunities and
levels are virtually nonexistent for most consumers.
   (f) Fluorescent lighting products delivering the same level of
light at the same level of efficiency can have widely varying levels
or mercury. The California Department of General Services has adopted
a procurement preference favoring Leadership in Energy and
Environmental Design (LEED) compliant low mercury fluorescent lamps.
   (g) Coal generated electricity in the United States accounts for
more than six million tons of mercury emissions annually, and while
growth in the use of energy efficient fluorescent lighting without
expanded recycling will result in increased disposal of mercury in
the waste stream, the United States Environmental Protection Agency
has concluded that shifting from incandescent lighting to more
efficient compact fluorescent lighting will result in a net reduction
in total United States mercury emissions due to the displacement of
coal fired electricity generation.
   (h) It is the intent of the Legislature that the State Energy
Resources Conservation and Development Commission develop a strategy
for substantially increasing the use of energy efficient lighting and
phasing out the use of energy inefficient lighting over the next
decade.
   (i) It is the intent of the Legislature that the Department of
Toxic Substances Control establish a schedule for the phase down in
the use of toxic materials in all lighting products.
   (j) It is the intent of the Legislature that the Department of
Toxic Substances Control, in coordination with the Integrated Waste
Management Board, establish a system for the recycling of hazardous
lighting products that is free and convenient for end users.
  SEC. 3.  Article 10.02 (commencing with Section 25210.9) is added
to Chapter 6.5 of Division 20 of the Health and Safety Code, to read:


      Article 10.02.  Lighting Toxics Reduction


   25210.9.  The department shall, after one or more public hearings,
do all of the following, in order to reduce the use of toxic
materials in general purpose lights sold in this state:
   (a) Prescribe, by regulation, a schedule for reducing the maximum
levels of mercury per lumen in general purpose lights sold or
available for sale in this state.
   (b) Prescribe, by regulation, a schedule for reducing the maximum
levels of lead per lumen in general purpose lights sold or offered
for sale in this state.
   25210.10.  For purposes of this article, "general purpose lights"
means lamps, bulbs, tubes, or other devices that provide functional
illumination in homes, offices, and outdoors.
   (a) General purpose lights do not include any specialty lighting.
   (b) General purpose lights do not include lights needed to provide
special needs lighting for individuals with exceptional needs.
   25210.11.  Every manufacturer of general purpose lights sold in
this state and containing hazardous materials shall be responsible
for all of the following:
   (a) On and after July 1, 2009, ensuring that a system is in place
to provide for the collection and recycling of any end-of-life
general purpose lights generated in this state.
   (b) On or before July 1, 2008, submitting a plan to the department
for the collection, recycling, and proper management of end-of-life
general purpose lights generated in this state.
   (c) The plan at a minimum shall include all of the following:
   (1) The methods to be used by the manufacturer to collect and
properly manage the devices generated in this state.
   (2) The number and frequency of collection opportunities.
   (3) The methods to be used to educate consumers about the
opportunities presented in the plan.
   (4) The funding mechanisms to be used by the manufacturer to
accomplish the plan.
  SEC. 4.  Section 25402.5.5 is added to the Public Resources Code,
to read:
   25402.5.5.  The commission shall, after one of more public
hearings, do all of the following, in order to reduce the wasteful,
uneconomic, inefficient, or unnecessary consumption of energy for
lighting by 50 percent by 2018:
   (a) Develop and implement a statewide strategy for reducing energy
consumption for lighting at state facilities by 50 percent.
   (b) Establish the following standards for general purpose lights:
   (1) Twenty-five lumens per watt by 2013.
   (2) Sixty lumens per watt by 2018.
   (c) Coordinate with the Department of General Services to end the
purchase of general purpose lights in state facilities that do not
meet the standards set in subdivision (b).
   (d) Establish programs and incentives to encourage the sale in
this state of general purpose lights that meet or exceed the
standards set in subdivision (b).
   (e) For purposes of this section, "general purpose lights" means
lamps, bulbs, tubes, or other devices that provide functional
illumination in homes, offices, and outdoors.
   (1) General purpose lights do not include any speciality lighting.

   (2) General purpose lights do not include lights needed to provide
special needs lighting for individuals with exceptional needs.
  SEC. 5.  The provisions of this act are severable. If any provision
of this act or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.
  SEC. 6.  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.