BILL NUMBER: AB 1173 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 5, 2009
INTRODUCED BY Assembly Member Huffman
( Coauthors: Assembly Members
Portantino and Torlakson )
( Coauthor: Senator
DeSaulnier )
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 amended, 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 the
purchase and distribution of 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 at a level necessary to provide
sufficient funds for the requirements of the program for every
lamp for which funding is received into a compact
fluorescent lamp recycling fund the 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.
This bill would establish the Fluorescent Lamp Recycling Fund in
the State Treasury. The bill would require the money to be used to
make payments to retailer-based collectors, local governments, and
other approved collectors of fluorescent lamps generated by
households in the state. The Department of Toxic Substances Control
would be required to administer the fund.
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 the
purchase and distribution of 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.
(1) All compact fluorescent lamps purchased are qualified as the
most recent ENERGY STAR version listed on the ENERGY STAR Internet
Web site.
(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 approved by the Department of Toxic Substances
Control .
(B) Agreed to pay ____ cents ($____) for every lamp for which
funding is received into a compact fluorescent lamp recycling fund.
(B) Agreed to pay an amount established pursuant to Section 42421,
for each compact fluorescent lamp for which funding is received into
the Fluorescent Lamp Recycling Fund established pursuant to Section
42421.
(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 for a
compact fluorescent light program has agreed to provide the
public with a convenient in-store collection opportunity for the
recycling of compact fluorescent lamps.
42421. (a) Any payments collected pursuant to subparagraph (B) of
paragraph (2) of subdivision (a) of Section 42420 shall be deposited
into the Fluorescent Lamp Recycling Fund, which is hereby created in
the State Treasury.
(b) The fund and this section shall be administered by the
Department of Toxic Substances Control.
(c) Moneys in the fund shall be used to make payments to
retailer-based collectors, local governments, and other approved
collectors of fluorescent lamps generated by households in this
state.
(d) The amount of payments established pursuant to this section
shall be at a level sufficient to cover the average cost of
collecting and properly recycling residentially generated fluorescent
lamps and to encourage public, private, and nonprofit entities to
establish convenient locations for that collection.
(e) The amount of the payments established pursuant to
subparagraph (B) of paragraph (2) of subdivision (a) of Section 42420
shall be at a level necessary to provide sufficient funds for the
requirements of this section.