BILL NUMBER: AB 1173	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Huffman

                        FEBRUARY 27, 2009

   An act to add Chapter 7.3 (commencing with Section 42420) to Part
3 of Division 30 of the Public Resources Code, relating to recycling.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1173, as introduced, Huffman. Recycling: compact fluorescent
lamps.
   The existing California Lighting Efficiency and Toxics Reduction
Act prohibits, on and after January 1, 2010, except for certain
specified circumstances, a person from manufacturing, selling, or
offering 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, as specified.
   This bill would prohibit the distribution of moneys from energy
efficiency investment funds or any other funds generated from
usage-based charges on electricity distribution that are provided by
California's retail sellers of electricity to any entity for compact
fluorescent lamps, unless the compact fluorescent lamps meet certain
specifications, and the manufacturer or distributor of the compact
fluorescent lamps has implemented a recycling program or has agreed
to pay an unspecified amount for every lamp for which funding is
received into a compact fluorescent lamp recycling fund. The bill
would prohibit the distribution of moneys from energy efficiency
investment funds or any other funds generated from usage-based
charges on electricity distribution that are provided by California's
retail sellers of electricity to a retailer, unless the retailer has
agreed to provide the public an in-store collection opportunity for
the recycling of compact fluorescent lamps.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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 Fluorescent Lamp Toxics Reduction and Recycling Act.
  SEC. 2.  (a) The Legislature finds and declares all of the
following:
   (1) California policy, including the California Lighting
Efficiency and Toxics Reduction Act (Chapter 534 of the Statutes of
2007), has put California on a path of transition from incandescent
lamps to more energy-efficient lighting, including substantially
increased utilization of fluorescent lighting.
   (2) 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 reduced and managed through recycling, but recycling opportunities
are currently inconvenient or nonexistent for most consumers.
   (3) Fluorescent lighting products delivering the same level of
light at the same level of efficiency can have varying levels of
mercury. The Department of General Services has adopted a procurement
preference favoring low-mercury fluorescent lamps.
   (4) In 2007, the Legislature enacted the California Lighting
Efficiency and Toxics Reduction Act (Chapter 534 of the Statutes of
2007), which directed the Department of Toxic Substances Control
(DTSC) to convene a lighting task force to consider and make policy
recommendations to the Legislature for designing a statewide
collection program for end-of-life fluorescent lights. On September
1, 2008, the task force submitted recommendations to the Legislature
on the need and options for a convenient statewide system for the
collection and recycling of fluorescent lamps for residential
generators.
   (b) It is the intent of the Legislature to have an established
system for the recycling of residential generated fluorescent lamps
that is free and convenient for end users.
  SEC. 3.  Chapter 7.3 (commencing with Section 42420) is added to
Part 3 of Division 30 of the Public Resources Code, to read:
      CHAPTER 7.3.  FLUORESCENT LAMPS


   42420.  (a) Moneys from energy efficiency investment funds or any
other funds generated from usage-based charges on electricity
distribution that are provided by California's retail sellers of
electricity shall not be distributed to any entity for compact
fluorescent lamps, unless all of the following conditions exist:
   (1) All compact fluorescent lamps purchased are ENERGY STAR
version 4.0 qualified, or the most recent version listed on the
ENERGY STAR Internet Web site, including, but not limited to, a
maximum allowable mercury content and a rated lifetime requirement
for compact fluorescent lamps.
   (2) The manufacturer or distributor of the compact fluorescent
lamps has done either of the following:
   (A) Implemented a comprehensive recycling program for compact
fluorescent lamps.
   (B) Agreed to pay ____ cents ($____) for every lamp for which
funding is received into a compact fluorescent lamp recycling fund.
   (b) Moneys from energy efficiency investment funds or any other
funds generated from usage-based charges on electricity distribution
that are provided by California's retail sellers of electricity shall
not be distributed to a retailer, unless the retailer has agreed to
provide the public with a convenient in-store collection opportunity
for the recycling of compact fluorescent lamps.