BILL ANALYSIS
AB 228
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Date of Hearing: April 13, 2009
ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
Felipe Fuentes, Chair
AB 228 (Huffman) - As Amended: April 2, 2009
SUBJECT : Outdoor Lighting Efficiency
SUMMARY : Requires the California Energy Commission (CEC) to
adopt minimum energy efficiency standards that would reduce
statewide electricity consumption from outdoor lighting as soon
as practicable.
EXISTING LAW :
1)Requires the CEC to adopt minimum energy efficiency standards
for all general-purpose lights. The standards are to be
structured so that standards, along with programs and
activities will reduce the average statewide electrical energy
consumption from outdoor lighting by not less than 25% from
2007 levels by 2018.
2)Requires the CEC to consult with the Department of
Transportation (DOT) to ensure that outdoor lighting standards
that affect the department are compatible with the
department's policies and standards for safety.
THIS BILL :
1)Requires that instead of adopting minimum energy efficiency
standards for outdoor lighting that would reduce consumption
of outdoor lighting by 25% by 2018 that the CEC adopt
standards that would reduce consumption by 25% as soon as
practicable.
2)Clarifies that when adopting the outdoor lighting standards
the CEC shall have the authority to include efficiency
standards for outdoor lighting systems.
3)Eliminates the requirement that the CEC consult with DOT when
adopting outdoor lighting standards.
FISCAL EFFECT : Unknown.
COMMENTS : According to the author, the purpose of this bill is
to further increase the efficiency of outdoor lighting by
AB 228
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requiring the CEC to adopt more stringent outdoor lighting
standards.
1) Background : AB 1109 (Huffman), Chapter 534, Statutes of 2007,
required the CEC to adopt minimum efficiency standards for both
indoor and outdoor lighting by January 1, 2008. The bill
required that the standards for outdoor lighting should result
in a 25% decrease in electricity usage by 2017. The CEC has
adopted specific standards for general-purpose light bulbs
(which included bulbs used in outdoor lighting). However, to
meet the 25% reduction, the CEC may be required to implement
standards for entire lighting systems that will reduce overall
usage. These standards could include systems such as automatic
shut off switches, dimmers, motion sensors, etc.
2) Two categories of outdoor lighting : For regulatory purposes,
the CEC has divided outdoor lighting into two categories: public
right-of-way lighting (ROW lighting) and sight lighting. The ROW
lighting includes street lights and traffic lights that are
owned by local or state government. Sight lighting is lighting
in outdoor spaces such as parking lots and other public spaces.
Lighting efficiency standards are incorporated in two different
sections of regulatory Code. Title 20 applies to standards for
appliances and includes specific efficiency standards for light
bulbs.
Title 24 applies to building standards for new construction. In
2008, the CEC adopted updates to Title 24 Standards that include
efficiency standards for outdoor sight lighting, which go into
effect in August 2009. The standards include minimum efficiency
standards on the individual bulbs and requirements that most
outdoor lighting have automatic controls that turn the lighting
off in the daytime. While the CEC has authority to adopt Title
24 standards. The updated Title 24 standards do not apply to
ROW lighting. Additionally, since Title 24 only applies to new
construction, Title 24 standards could not be used to require
retrofits of existing outdoor lighting.
3) More stringent standards : AB 229 changes current law which
provides that the CEC should adopt standards that reduce
electricity consumption for outdoor lighting by 25% by 2017 and
instead requires that the CEC adopt standards to meet the 25%
goal as soon as practicable. According to CEC staff, the 2017
time frame is already an aggressive goal and they do not believe
the goal can be met sooner than that date.
AB 228
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AB 229 also gives the CEC explicit authority to adopt efficiency
standards for lighting systems. This provision is a restatement
of existing law as the CEC has the authority to adopt lighting
system standards under Title 24 today.
4) Weaker standards : While the intent of the author is to
require the CEC to adopt more stringent outdoor lighting
standards by accelerating the time frame in which the 25%
reduction in outdoor lighting energy consumption is met, the
bill could actually allow the CEC to extend the target date for
the 25% reduction beyond what is already required in law. The
bill allows the CEC to set the standards to reduce lighting
energy consumption by 25% "as soon as practicable." The CEC
could determine that even 2018 is not practicable and thus
extend the date beyond 2018. The committee and the author may
wish to amend the bill to clarify that the CEC should set the
target date to be as soon as practicable, but no later than
2018.
5) Federal Preemption : After the passage AB 1109 the federal
government adopted similar lighting efficiency standards. Those
standards did not preempt the California standards. A new
lighting efficiency bill (HR 1732) has been introduced in the
House of Representatives that contains language that states that
the federal standards preempt state lighting standards unless
the standards were adopted "pursuant to a statutory requirement
to adopt efficiency standards for reducing outdoor lighting
energy use enacted prior to January, 31, 2008." By changing the
dates by which the 25% reduction should be met, AB 228 could be
changing California's statutory requirement and thus creating a
federal preemption of our own standards.
6) Fill in the blank : This bill provides that the CEC should
adopt the new outdoor lighting standards no later than an
unspecified date. The general policy of the committee is not to
approve bills with blanks in them. If the CEC were to adopt new
lighting standards, they would adopt the standards as part of an
update to either Title 20 or Title 24. The next update for Title
24 is schedule to be adopted in 2011. The committee and the
author may wish to consider amending the bill to require the CEC
to adopt the new standards no later than December 31, 2011 .
REGISTERED SUPPORT / OPPOSITION :
Support
AB 228
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Breathe California
Planning and Conservation League
Sierra Club California
Opposition
None on file.
Analysis Prepared by : Edward Randolph / U. & C. / (916)
319-2083