BILL NUMBER: AB 1109 CHAPTERED
BILL TEXT
CHAPTER 534
FILED WITH SECRETARY OF STATE OCTOBER 12, 2007
APPROVED BY GOVERNOR OCTOBER 12, 2007
PASSED THE SENATE SEPTEMBER 6, 2007
PASSED THE ASSEMBLY SEPTEMBER 10, 2007
AMENDED IN SENATE AUGUST 31, 2007
AMENDED IN SENATE AUGUST 1, 2007
AMENDED IN SENATE JULY 17, 2007
AMENDED IN SENATE JULY 5, 2007
AMENDED IN ASSEMBLY JUNE 1, 2007
AMENDED IN ASSEMBLY APRIL 12, 2007
AMENDED IN ASSEMBLY MARCH 29, 2007
INTRODUCED BY Assembly Members Huffman and Feuer
(Principal coauthor: Assembly Member Leno)
(Coauthors: Assembly Members Berg, Caballero, DeSaulnier, 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, and to repeal Section 25210.11 of, the
Health and Safety Code, and to add Section 25402.5.4 to the Public
Resources Code, relating to energy resources.
LEGISLATIVE COUNSEL'S DIGEST
AB 1109, 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.
This bill would enact the California Lighting Efficiency and
Toxics Reduction Act and would prohibit, on and after January 1,
2010, a person from manufacturing for sale in the state specified
general purpose lights that contain levels of hazardous substances
prohibited by the European Union pursuant to the RoHS Directive. A
person would be prohibited, on and after January 1, 2010, from
selling or offering for sale in the state, the above specified
general purpose lights. A person would also be prohibited, on and
after January 1, 2010, from selling general purpose lights from
manufacturers who failed to provide the required documentation or
certification specified below. These prohibitions would not apply to
high intensity discharge lamps and compact fluorescent lamps greater
than 9 inches in length until January 1, 2012 and to specified
incandescent lamps and enhanced spectrum lamps until January 1, 2014.
These prohibitions would not apply to high output and very high
output linear fluorescent lamps greater than 32 millimeters in
diameter and preheat linear fluorescent lamps. On or after January 1,
2014, the department would be required to determine, in consultation
with manufacturers of those high output and very high output linear
fluorescent lamps, whether those lamps should be subject to the
prohibition taking into consideration changes in lamp design or
manufacturing technology, allowing for removal or reduction of
mercury. 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. A manufacturer would be required
to provide, upon request, a certification to a person who sells or
offers for sale that manufacturer's general purpose lights attesting
that those lights do not contain levels of hazardous substances that
would result in the prohibition of those general purpose lights being
sold or offered for sale in California. The bill would specify that
any violation of the above requirements and prohibitions is not
subject to any criminal penalties imposed pursuant to the Hazardous
Waste Control Law.
The department, in coordination with the California Integrated
Waste Management Board, would be required to convene a task force to
consider, and make recommendations by September 1, 2008, on the most
effective, cost-efficient, and convenient method for the consumer for
the proper collection and recycling of end-of-life general purpose
lights generated in this state, methods to educate consumers about
proper management and collection opportunities, and designations on
the general purpose light and light packaging regarding proper
recycling and compliance of the light with the act.
(2) 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.
On or before December 31, 2008, this bill would require the
commission 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
average statewide electrical energy consumption by not less than 50%
from the 2007 levels for indoor residential lighting and not less
than 25% from the 2007 levels for indoor commercial and outdoor
lighting by 2018. The Department of General Services and other state
agencies in coordination with the commission would be required to end
the purchase of general purpose lights within 2 years of the
adoption of the standards regarding energy consumption limits for all
general purpose lights, and for general purpose lights with
historically appropriate appearances within 4 years of the adoption
of the standards.
Certain defined specialty lighting and special-needs lighting
would be exempt from the requirements of this bill. The commission
would be authorized to provide for the inclusion of a particular type
of specialty light in its energy efficiency standards if the
commission makes specified findings.
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 mercury. Most incandescent
lighting products contain lead. California prohibits disposing of
lighting products containing hazardous levels of metal in the solid
waste stream. The hazardous material in waste lighting products can
be managed through recycling, but recycling opportunities are
currently inconvenient or nonexistent for most consumers.
(f) Fluorescent lighting products delivering the same level of
light at the same level of efficiency can have varying levels of
mercury. The California Department of General Services has adopted a
procurement preference favoring 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 to have a system
established 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. (a) Except as provided in subdivisions (e), (f), and
(g), on and after January 1, 2010, a person shall not manufacture
general purpose lights for sale in this state 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) Except as provided in subdivisions (e), (f), and (g), on and
after January 1, 2010, a person shall not sell or offer for sale in
this state general purpose light under any of the following
circumstances:
(1) The general purpose light being sold or offered for sale was
manufactured on and after January 1, 2010, and contains 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.
(2) The manufacturer of the general purpose light sold or being
offered for sale fails to provide the documentation to the department
required by subdivision (h).
(3) The manufacturer of the general purpose light being sold or
offered for sale does not provide the certification required in
subdivision (i).
(c) For the purposes of this section, "RoHS Directive" means
Directive 2002/95/EC, adopted by the European Parliament and the
Council of the European Union on January 27, 2003, on the restriction
of certain hazardous substances in electrical and electronic
equipment, as amended thereafter by the Commission of European
Communities (13.2.2003 Official Journal of the European Union).
(d) The department shall determine the products covered by the
RoHS Directive by reference to authoritative guidance published by
the United Kingdom implementing the RoHS Directive in that country.
(e) (1) Except as provided in paragraph (2), subdivisions (a),
(b), (h), and (i) do not apply to high output and very high output
linear fluorescent lamps greater than 32 millimeters in diameter and
preheat linear fluorescent lamps.
(2) On or after January 1, 2014, the department shall determine,
in consultation with companies that manufacture lamps specified in
paragraph (1) in the United States, if those lamps should be subject
to the requirements of subdivisions (a), (b), (h), and (i), taking
into consideration changes in lamp design or manufacturing technology
that will allow for the removal or reduction of mercury.
(f) On and after January 1, 2012, for high intensity discharge
lamps and compact fluorescent lamps greater than nine inches in
length subdivisions (a), (b), (h), and (i) shall be applicable.
(g) On and after January 1, 2014, for state-regulated general
service incandescent lamps and enhanced spectrum lamps as defined in
subdivision (k) of Section 1602 of Title 20 of the California Code of
Regulations subdivisions (a), (b), (h), and (i) shall be applicable.
(h) A manufacturer of general purpose lights sold or being offered
for sale in California 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.
(i) A manufacturer of general purpose lights sold or being offered
for sale in California shall provide, upon request, a certification
to a person who sells or offers for sale that manufacturer's general
purpose lights. The certification shall attest that the general
purpose lights do not contain levels of hazardous substances that
would result in the prohibition of those general purpose lights being
sold or offered for sale in California. Alternatively, the
manufacturer may display the certification required by this
subdivision prominently on the shipping container or on the packaging
of general purpose lights.
(j) The department may adopt regulations to implement and
administer this article.
25210.10. (a) 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.
(b) General purpose lights do not include any of the following
specialty lighting: appliance, black light, bug, colored, infrared,
left-hand thread, marine, 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.
(c) General purpose lights do not include lights needed to provide
special-needs lighting for individuals with exceptional needs.
25210.11. (a) The department shall, in coordination with the
California Integrated Waste Management Board, convene a task force
consisting of, but not limited to, representatives of the lighting
industry, environmental organizations, the recycling industry,
individuals and private sector entities, local governments, energy
utilities, and retailers to consider and make recommendations on all
of the following:
(1) The most effective, cost-efficient, and convenient method for
the consumer to provide for the proper collection and recycling of
any end-of-life general purpose lights generated in this state.
(2) Methods to educate consumers about the proper management and
collection opportunities for end-of-life general purpose lights.
(3) Designations on the general purpose light and light packaging
regarding the proper recycling of the light and compliance of the
light with this article.
(b) The task force shall conclude its work and make
recommendations to the Legislature on or before September 1, 2008.
(c) This section shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2009, deletes or extends that
date.
25210.12. Notwithstanding Article 8 (commencing with Section
25180), a person who violates this article shall not be subject to
any criminal penalties imposed pursuant to Article 8 (commencing with
Section 25180).
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
average statewide electrical energy consumption by not less than 50
percent from the 2007 levels for indoor residential lighting and by
not less than 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 to encourage the sale in
this state of general purpose lights that meet or exceed the
standards set forth in subdivision (a).
(d) (1) Except as provided in paragraph (2), the Department of
General Services, and all other state agencies, as defined in Section
12000 of the Public Contract Code, in coordination with the
commission, shall cease purchasing general purpose lights that do not
meet the standards adopted pursuant to subdivision (a), within two
years of those standards being adopted.
(2) The Department of General Services, and all other state
agencies, as defined in Section 12000 of the Public Contract Code, in
coordination with the commission shall cease purchasing general
service lights with an appearance that is historically appropriate
for the facilities in which the lights are being used, and that do
not meet the standards adopted pursuant to subdivision (a) within
four years of those standards being adopted.
(e) It is the intent of the Legislature to encourage the Regents
of the University of California, in coordination with the commission,
to cease purchasing general purpose lights that do not meet the
standards adopted pursuant to subdivision (a), within two years of
those standards being adopted.
(f) (1) (A) 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.
(B) General purpose lights do not include any of the following
specialty lighting: appliance, black light, bug, colored, infrared,
left-hand thread, marine, 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, after one or more public workshops, with
public notice and an opportunity for all interested parties to
comment, provide for inclusion of a particular type of specialty
light in its energy efficiency standards applicable to general
purpose lighting, if it finds that there has been a significant
increase in sales of that particular type of particular specialty
light due to the use of that specialty light in general purpose
lighting applications.
(3) 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.