BILL NUMBER: AB 1109 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 1, 2007
AMENDED IN ASSEMBLY APRIL 12, 2007
AMENDED IN ASSEMBLY MARCH 29, 2007
INTRODUCED BY Assembly Member Huffman
( Principal coauthor: Assembly Member
Leno )
(Coauthors: Assembly Members Krekorian
and Laird Berg,
Caballero, DeSaulnier, Feuer,
Hancock, Hernandez, Krekorian,
Laird, Lieber, Portantino, and Wolk
)
(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 Section
25402.5.4 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
prohibit, on or after January 1, 2010, a person from selling or
offering for sale general purpose lights, as defined, that contain
levels of hazardous substances prohibited by the European Union
pursuant to the RoHS Directive. A manufacturer would be
required to prepare and upon request of the department submit, within
a specified time period, technical documentation or other
information showing that its general purpose lights for sale or
offered for sale in this state comply with the requirements of the
RoHS Directive . 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.
On or before December 31, 2008, the commission would be required
to adopt minimum energy efficiency standards for all general purpose
lights on a schedule specified in regulations. The regulations, in
combination with other programs and activities affecting lighting use
in the state, would be structured to reduce statewide electrical
energy consumption by 50% from the 2007 levels for indoor residential
lighting and 25% from the 2007 levels for indoor commercial and
outdoor lighting by 2018. The Department of General Services in
coordination with the commission would be required to end the
purchase of general purpose lights in 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. The
commission would be authorized, as prescribed, to extend the
requirements applicable to general purpose lights to one or more
types of speciality lighting due to significant increases in sales.
(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 of 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.
25210.9. (a) On and after January 1, 2010, a person shall not
sell or offer for sale in this state general purpose lights that
contain levels of hazardous substances that would result in the
prohibition of those general purpose lights being sold or offered for
sale in the European Union pursuant to the RoHS Directive.
(b) A manufacturer shall prepare and, at the request of the
department, submit within 28 days of the date of the request,
technical documentation or other information showing that the
manufacturer's general purpose lights sold or offered for sale in
this state comply with the requirements of the RoHS Directive.
25210.10. (a) (1) For purposes of this article, "general purpose
lights" means lamps, bulbs, tubes, or other electric
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 for 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:
(1) Develop and implement a statewide strategy for reducing energy
consumption for indoor residential lighting by 50 percent.
(2) Develop and implement a statewide strategy for reducing energy
consumption for indoor commercial and outdoor use lighting by 25
percent.
(3) On or before December 31, 2008, establish a schedule of
minimum energy efficiency standards for all general purpose lights.
(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.
(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. 4. Section 25402.5.4 is added to the
Public Resources Code , to read:
25402.5.4. (a) On or before December 31, 2008, the commission
shall adopt minimum energy efficiency standards for all general
purpose lights on a schedule specified in the regulations. The
regulations, in combination with other programs and activities
affecting lighting use in the state, shall be structured to reduce
statewide electrical energy consumption by 50 percent from the 2007
levels for indoor residential lighting and 25 percent from the 2007
levels for indoor commercial and outdoor lighting by 2018.
(b) The commission shall make recommendations to the Governor and
the Legislature regarding how to continue reductions in electrical
consumption for lighting beyond 2018.
(c) The commission may establish programs and incentives to
encourage the sale in this state of general purpose lights that meet
or exceed the standards set forth in subdivision (a).
(d) 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
subdivision (a), within two years of those standards being adopted.
(e) For purposes of this section, "general purpose lights" means
lamps, bulbs, tubes, or other electric 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) The commission may determine, after one or more public
workshops, with public notice and an opportunity for all interested
parties to comment, that one or more types of specialty lighting
listed in paragraph (1) be subject to the same requirements as
general purpose lights due to significant increases in sales.
(3) General purpose lights do not include lights needed to provide
special needs lighting for individuals with exceptional needs.
SEC. 6. 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. 7. 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.