BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1109
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1109 (Huffman)
          As Amended August 31, 2007
          Majority vote
           
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          |ASSEMBLY:  |49-29|(June 6, 2007)  |SENATE: |23-16|(September 6,  |
          |           |     |                |        |     |2007)          |
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           Original Committee Reference:    U. & C.  

           SUMMARY  :  Prohibits the manufacturing for sale or the sale of  
          certain general purpose lights that contain hazardous  
          substances. Requires the California Energy Commission (CEC) to  
          adopt energy efficiency standards for all general purpose lights  
          on a schedule specified in regulations.  Specifically, this  
          bill  :

          1)Prohibit, after January 1, 2010, manufacturing for sale in the  
            state certain general purpose lights, with exceptions, that  
            contain hazardous substances prohibited by the EU to the  
            Restriction of Hazardous Substances Directive.

          2)Requires DTSC to determine whether specified lights should be  
            subject to the above prohibition with certain conditions.

          3)Requires DTSC, in coordination with the California Integrated  
            Waste Management Board (CIWMB) to convene a task force to make  
            recommendations by September 1, 2008 on the collection and  
            recycling of general purpose lights.

          4)Requires the CEC, by December 31, 2008, to adopt energy  
            efficiency standards for all general purpose lights on a  
            schedule specified in regulations.

          5)Requires the Department of General Services (DGS) to end the  
            purchase of general purpose lights within two years of the  
            adoption of the CEC standards and to end the purchase of  
            lights with historically appropriate appearances within four  
            years.


           The Senate amendments  :









                                                                  AB 1109
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          1)Delete language stating the intent of the Legislature that  
            DTSC establish a schedule for the phase out of the use of  
            toxic material in all lighting products. 

          2)Delete a provision requiring manufactures of general purpose  
            lights sold in this state that contain hazardous material to  
            be responsible for ensuring that  a system is in place to  
            provide for the collection and recycling of those products. 

          3)Require DTSC to create a task force to consider and make  
            recommendations on the most effective and cost-efficient  
            method to educates consumers about the proper management and  
            disposal of general purpose lights. 

          4)Exempt specified types of lighting from the requirements of  
            the bill until 2012 and 2014. 

          5)Require the manufacturer of general purpose lights sold in  
            California to provide, upon request, a certification that  
            attests that the general purpose lights do not contain levels  
            of hazardous substances that would result in the prohibition  
            of that lighting product being sold in California. 

          6)Require all state agencies to cease purchasing general service  
            lights that do not comply with lighting efficiency standards  
            established by CEC. 

          7)Make technical changes. 

           EXISTING LAW  :   

          1)Provides DTSC authority over the management and disposal of  
            universal waste, including fluorescent tubes.  

          2)Requires DTSC to adopt regulations to prohibit the sale of  
            certain electronic products in California that are banned from  
            being sold in the EU due to the presence of heavy metals. 

          3)Requires CEC to create energy efficiency standards for new  
            construction and for numerous electronic products. 

           AS PASSED BY THE ASSEMBLY  , this bill required DTSC to prescribe  
          schedules for reducing the levels of mercury and lead in general  
          purpose lights.  Required CEC to approve a statewide electrical  
          consumption limit for lighting by 2018 that is equivalent to a  








                                                                  AB 1109
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          50% reduction in consumption for indoor lighting and a 25%  
          reduction in commercial lighting and outdoor lighting from 2007  
          levels.  
           
           FISCAL EFFECT  :  Special fund costs to DTSC of up to $100,000;  
          over $2 million in costs to CEC to implement the new standards;  
          unknown but possible substantial costs to DGS to replace  
          existing light fixtures. 

           COMMENTS  :  The purpose of this bill is to significantly increase  
          the efficiency of indoor and outdoor lighting systems. CEC  
          reports that completely eliminating inefficient incandescent  
          bulbs will reduce CO2 emissions by 1.82 million metric tons per  
          year.  Additionally, the author wants to ensure that  
          manufacturers of new efficient lighting utilize the latest  
          technology to reduce, and where possible, eliminate the use of  
          toxic heavy metals such as lead and mercury. 

          The most common form of lighting in California today is  
          incandescent lighting.  Almost 2% of all energy consumption in  
          the state comes from incandescent bulbs.  An incandescent bulb  
          works by sending an electrical current through a filament.  The  
          current heats the filament to an extremely high temperature and  
          creates light.  Approximately 95% of the power consumed by an  
          incandescent light bulb is emitted as heat, rather than as  
          visible light, meaning that 95% of the electricity used when a  
          light bulb is turned on is wasted.  Some forms of incandecent  
          lighting such as halogen lights increase efficiency somewhat so  
          that only 91% of the electricity used is lost to heat. 

          CEC already has efficiency standards for lighting.  The newest  
          CEC standards, which go into effect on January 1, 2008, require  
          that a bulb that produces 850 lumens (a typical 60 watt bulb)  
          consumes no more than 57 watts.  This is about a 5% efficiency  
          improvement from the 2007 usage.  These standards are  
          periodically updated.

          This bill requires CEC to adopt minimum energy efficiency  
          standards for all general purpose lights such that by 2018  
          energy consumption for indoor residential lighting is reduced by  
          50% and energy consumption for indoor commercial lighting and  
          outdoor lighting is reduced by 25%.
          Given the fact that there are products on the market today that  
          improve the efficiency of the most common forms of lighting in  
          California by over 450%, these limits should be easy to meet. 








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           Hazardous materials  :  Incandescent light bulbs contain lead and  
          compact florescent light bulbs contain trace amounts of mercury.  
           Even though both type of lights contain hazardous materials,  
          there are no effective disposal or recycling programs to prevent  
          the bulbs and their related toxic materials from ending up in  
          landfills.  Several supporters of this bill believe that before  
          the state makes statutory and regulatory shift to compact  
          fluorescent lighting, recycling programs need to be developed to  
          make sure these new bulbs do not contaminate landfills. 

          This bill addresses the hazardous material problem by proposing  
          to stop the sale of lighting in California that does not meet  
          the standards established in the EU pursuant to their RoHS  
          directive.  RoHS, refers to the ban on the use of hazardous  
          substances in electronic products under the EU directive  
          2002/95/EC.  Under the EU RoHS, electronic products containing  
          lead, mercury, cadmium, hexavalent chromium, and two types of  
          brominated flame retardants are banned from sale beginning July  
          1, 2006.  Currently, this ban only applies to products sold in  
          the EU, but it is expected to have a worldwide impact since  
          companies are not expected to create two versions of their  
          products for sale in different markets. 


           Analysis Prepared by  :    Edward Randolph / U. & C. / (916)  
          319-2083 


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