BILL NUMBER: AB 1109	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 12, 2007
	AMENDED IN ASSEMBLY  MARCH 29, 2007

INTRODUCED BY   Assembly Member Huffman
   (Coauthors: Assembly Members Krekorian and Laird)
   (Coauthor: Senator Wiggins)

                        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
Sections 25402.5.4 and 25402.5.5 to the Public Resources Code,
relating to energy resources.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1109, as amended, 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,
per lumen hour, and lead 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 that 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, including, but not limited to, determining the amount of
statewide electrical energy consumption used for lighting in 2007,
and approving a statewide electrical energy consumption limit for
lighting, to be achieved by 2018, equivalent to 50% of 2007 use
levels for indoor residential lighting and 75% of 2007 use levels for
indoor commercial and outdoor use lighting, in order to reduce
energy consumption for lighting in this state by 2018.  The
Department of General Services in coordination with the commission
would be required to end the purchase of general purpose lights in
certain state facilities within 2 years of the adoption of the
standards regarding energy consumption limits for all general purpose
lights. 
    Certain defined specialty lighting and special needs lighting
would be exempt from the requirements of this bill.
   (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) The goal of the United States Department of Energy's (DOE)
Building Technologies Lighting Research and Development Program is to
develop and demonstrate energy-efficient, high-quality, long-lasting
lighting technologies by 2025 that have the technical capability of
illuminating buildings using 50 percent less electricity compared to
technologies in 2005.
   (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 hour 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 in general purpose lights sold or offered for sale in
this state.
   25210.10.  (a) (1) For purposes of this article, "general purpose
lights" means lamps, bulbs, tubes, or other devices that provide
functional illumination for indoor residential, indoor commercial,
and outdoor use.
   (2) General purpose lights do not include any of the following
specialty lighting: appliance, black light, bug, colored, infrared,
left hand thread, marine, signal service, mine service, plant light,
reflector, rough service, shatter resistant, sign service, silver
bowl, showcase, three-way traffic signal, and vibration service or
vibration resistant.
   (3) General purpose lights do not include lights needed to provide
special needs lighting for individuals with exceptional needs.
   (b) For purposes of this article, "hazardous material" has the
same meaning as defined in Section 25501.
   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 25402.5.4 is added to the Public Resources Code,
to read:
   25402.5.4.  (a) On or before July 1, 2008, the commission, after
one or more public workshops, with public notice and an opportunity
for all interested parties to comment, shall determine the amount of
statewide electrical energy consumption used for lighting in 2007,
and shall approve, in a public hearing, a statewide electrical energy
consumption limit for lighting, to be achieved by 2018, that is
equivalent to 50 percent of 2007 use levels for indoor residential
lighting and 75 percent of 2007 use levels for indoor commercial and
outdoor use lighting.
   (b) The statewide electrical energy consumption limit for lighting
shall remain in effect unless otherwise amended or repealed.
   (c) It is the intent of the Legislature that the statewide
electrical energy consumption limit for lighting continue to operate
and be used to maintain and continue reductions in energy consumption
for lighting beyond 2018.
   (d) The commission shall make recommendations to the Governor and
the Legislature regarding how to continue reductions in electrical
energy consumption for lighting beyond 2018.
  SEC. 5.  Section 25402.5.5 is added to the Public Resources Code,
to read:
   25402.5.5.   (a)    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 2018: 
   (a) 
    (1)  Develop and implement a statewide strategy for
reducing energy consumption for indoor residential lighting by 50
percent. 
   (b) 
    (2)  Develop and implement a statewide strategy for
reducing energy consumption for indoor commercial and outdoor use
lighting by 25 percent. 
   (c) 
    (3)  On or before December 31, 2008, establish a
schedule of minimum energy efficiency standards for all general
purpose lights. 
   (d) 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 (c), within two years of the
standards being adopted.  
   (e) 
    (4)  Establish programs and incentives to encourage the
sale in this state of general purpose lights that meet or exceed the
standards set in subdivision (c). 
   (b) The Department of General Services, in coordination with the
commission, shall end the purchase of general purpose lights in state
facilities that do not meet the standards adopted pursuant to
paragraph (3) of subdivision (a), within two years of the standards
being adopted.  
   (f) 
    (c)  For purposes of this section, "general purpose
lights" means lamps, bulbs, tubes, or other devices that provide
functional illumination for indoor residential, indoor commercial,
and outdoor use.
   (1) General purpose lights do not include any of the following
specialty lighting: appliance, black light, bug, colored, infrared,
left hand thread, marine, signal service, mine service, plant light,
reflector, rough service, shatter resistant, sign service, silver
bowl, showcase, three-way traffic signal, and vibration service or
vibration resistant.
   (2) General purpose lights do not include lights needed to provide
special needs lighting for individuals with exceptional needs.
  SEC. 6.  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. 7.  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.