BILL NUMBER: AB 1173 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 29, 2009
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
, and making an appropriation therefor .
LEGISLATIVE COUNSEL'S DIGEST
AB 1173, as amended, Huffman. Recycling: compact
fluorescent lamps. residential 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.
The California Integrated Waste Management Act of 1989,
administered by the California Integrated Waste Management Board, is
required to reduce, recycle, and reuse solid waste generated in the
state to the maximum extent feasible in an efficient, cost-effective
manner to conserve water, energy, and other natural resources.
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 manufacturer
of the compact fluorescent lamps has either, individually
or collectively, implemented a residential fluorescent
lamp recycling program or the manufacturer or distributor
has agreed to pay an amount at a level necessary to
provide sufficient funds for the requirements of the program for
every lamp , as specified, for each residential
fluorescent lamp, as defined, sold in this state for which
funding is received into 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
residential fluorescent lamps.
The bill would require the manufacturers of residential
fluorescent lamps sold in this state to individually or collectively
submit to the board a residential fluorescent lamp recycling plan
within 90 days of receiving the funds generated from usage-based
charges. The residential fluorescent lamp recycling program described
in the plan would be required to contain certain elements and be
implemented no later than 2 months after board approval or plan
adoption. The bill would require the board to establish an
administrative fee to be paid by the manufacturers to cover the cost
of reviewing and approving the plans and of oversight and enforcement
of the program.
This bill would establish the Residential Fluorescent
Lamp Recycling Fund in the State Treasury , as a continuously
appropriated fund thereby making an appropriation .
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. The bill would require the board
to administer the fund and use the moneys to fund the activities of a
nonprofit public benefit corporation established by persons
designated by the board. The nonprofit public benefit corporation
would be required to engage in several activities, including, but not
limited to, organizing convenient and free collection opportunities
for residential fluorescent lamps, providing compensation for the
collection and recycling of resident ial fluorescent lamps
by approved collectors and recyclers, and conducting consumer and
retailer education and outreach efforts.
Vote: majority. Appropriation: no yes
. 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 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 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.
42420. For the purposes of this chapter, the following terms have
the following meanings:
(a) "Consumer" means a purchaser or owner of residential
fluorescent lamps, excluding a business, corporation, limited
partnership, nonprofit organization, or governmental entity.
(b) "Distributor" means a person that has a contractual
relationship with one or more manufacturers to market and sell
fluorescent lamps to retailers.
(c) "Manufacturer" means any person who, on or after the effective
date of this act, and regardless of the selling technique used,
including by means of remote sale, does one or more of the following:
(1) Manufactures fluorescent lamps under its own brand for sale in
this state.
(2) Manufactures fluorescent lamps for sale in this state without
affixing a brand.
(3) Resells in this state fluorescent lamps produced by other
suppliers under its own brand or label.
(4) Imports or exports fluorescent lamps into the United States
that are sold in this state. If a company from which an importer
purchases the merchandise has a United States presence, assets, or
both, that company, and not the importer, shall be deemed to be the
manufacturer.
(d) "Residential fluorescent lamps" means compact fluorescent
lamps and any other fluorescent lamp intended for household use.
(e) "Retailer" means a person that sells fluorescent lamps in the
state to a consumer. A sale includes, but is not limited to,
transactions conducted through sales outlets, catalogs, or the
Internet or any other similar electronic means.
(f) "Program" means a system for the collection, transportation,
processing, and disposal of fluorescent lamps that is financed, as
well as managed or provided, by a manufacturer or collectively with
other manufacturers.
42421. (a) Moneys from funds generated from usage-based charges
on electricity distribution, including, but not limited to, energy
efficiency investment funds, that are provided by California's retail
sellers of electricity, as defined in subdivision (g) of Section
399.12 of the Public Utilities Code, 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 qualified as the
most recent ENERGY STAR version listed on the ENERGY STAR Internet
Web site, except that if the California Environmental Protection
Agency establishes standards on mercury levels, energy efficiency,
and lamp life that are more stringent than ENERGY STAR for compact
fluorescent lamps, the compact fluorescent lamps purchased are
required to meet the California Environmental Protection Agency
standards.
(2) One of the following requirements are met:
(A) The manufacturer, individually or collectively with other
manufacturers, is implementing a board-approved comprehensive
residential fluorescent lamp recycling program to manage end-of-life
residential fluorescent lamps in an environmentally sound fashion,
including collection, transportation, processing, and disposal.
(B) A manufacturer or distributor not covered by a program
implemented pursuant to subparagraph (A) is paying an amount
established pursuant to Section 42424, for each residential
fluorescent lamp sold in this state for which funding is received
into the Residential Fluorescent Lamp Recycling Fund established
pursuant to Section 42424.
(3) Packaging for the subsidized compact fluorescent lamps sold in
this state shall have a label, approved by the board, informing
consumers that disposing of fluorescent lamps in the solid waste
stream is prohibited and providing access to information on
opportunities for proper recycling.
(b) Moneys from funds generated from usage-based charges on
electricity distribution, including, but not limited to, energy
efficiency investment funds, that are provided by California's retail
sellers of electricity, as defined in subdivision (g) of Section
399.12 of the Public Utilities Code, shall not be distributed to a
retailer for a residential fluorescent lamp program, unless the
retailer has agreed to provide the public with a convenient in-store
collection opportunity for the recycling of residential fluorescent
lamps.
(c) The board shall work with manufacturers, distributors,
retailers, and other stakeholders to develop a uniform label that can
be affixed or displayed on subsidized compact fluorescent lamps sold
in this state to meet the requirements of paragraph (3) of
subdivision (a).
42422. (a) To meet the requirement of subparagraph (A) of
paragraph (2) of subdivision (a) of Section 42421, a manufacturer of
residential fluorescent lamps sold in this state shall, individually
or collectively with other manufacturers, submit a residential
fluorescent lamp recycling plan in accordance with this section to
the board within 90 days of receiving funds generated from
usage-based charges on electricity distribution.
(b) The plan shall demonstrate sufficient funding for the
residential fluorescent lamp recycling program, as described in the
plan.
(c) The plan shall be free and convenient to all consumers.
(d) The plan shall address the coordination of the residential
fluorescent lamp recycling program with local household hazardous
waste programs, including contracting for the costs for residential
fluorescent lamps collected by the household hazardous waste
programs, where practical.
(e) The plan shall include consumer and retail education and
outreach efforts to promote the source reduction and recycling of
residential fluorescent lamps. Manufacturers may organize and
coordinate education and outreach efforts with retail sellers of
electricity. Education and outreach efforts may include, but are not
limited to, developing, and updating as necessary, educational and
other outreach materials aimed at retailers of residential
fluorescent lamps. Those materials shall be made available to the
retailers. The materials may include, but are not limited to, one or
more of the following:
(1) Signage that is prominently displayed and easily visible to
the consumer.
(2) Written materials and templates of materials for reproduction
by retailers to be provided to the consumer at the time of purchase
or delivery, or both. Written materials shall include information on
the prohibition of improper disposal of residential fluorescent
lamps.
(3) Advertising or other promotional materials, or both, that
include references to residential fluorescent lamp recycling
opportunities.
(f) Two months after a plan is approved by the board or adopted
pursuant to subdivision (a) of Section 42423, whichever is later, a
manufacturer shall implement the residential fluorescent lamp
recycling program described in the approved or adopted plan.
(g) Within one year of implementing an approved or adopted plan,
and each year thereafter, a manufacturer of fluorescent lamps sold in
this state shall, individually or collectively with other
manufacturers, submit a report to the board describing its
residential fluorescent lamp recovery efforts.
42423. (a) The board shall review and approve the residential
fluorescent lamp recycling plan within 90 days of receipt. A plan not
acted upon by the board within 90 days shall be deemed adopted.
(b) The board shall review the annual report required pursuant to
Section 42422 and within 90 days of receipt shall adopt a finding of
compliance or noncompliance with the provisions of this act.
(c) The board shall enforce this chapter.
(d) The board shall establish administrative fees to be paid by
manufacturers to cover the cost of reviewing and approving plans and
the cost of oversight and enforcement of the residential fluorescent
lamp recycling program.
42424. (a) The initial amount to be collected from a manufacturer
and distributor of residential fluorescent lamps pursuant to
subparagraph (B) of paragraph (2) of subdivision (a) of Section 42421
shall be five million dollars ($5,000,000) divided by the total
number of fluorescent lamps for which energy efficiency investment
funds were paid in 2008, paid in equal shares.
(b) On and after January 1, 2011, the amount to be collected from
a manufacturer or distributor of residential fluorescent lamps
pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of
Section 42421 shall be the total amount of funds projected to be
needed to make the payments pursuant to subdivision (d), and the
amount needed to cover the costs of implementing a successful
residential fluorescent lamp recycling program pursuant to Section
42425, divided by the total number of fluorescent lamps for which
energy efficiency investment funds were paid in the previous year,
paid in equal shares. The total amount collected shall not exceed 10
million dollars ($10,000,000).
(c) (1) Any amount collected from a manufacturer or distributor of
residential fluorescent lamps pursuant to subparagraph (B) of
paragraph (2) of subdivision (a) of Section 42421 shall be deposited
into the Residential Fluorescent Lamp Recycling Fund which is hereby
created in the State Treasury.
(2) Notwithstanding Section 13340 of the Government Code, the
money in the fund is hereby continuously appropriated to the board
for the purposes of carrying out this chapter.
(d) Moneys in the fund shall be used to make payments to
retailer-based collectors, local governments, and other approved
collectors and recyclers of residential fluorescent lamps generated
by households in this state.
(e) 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.
(f) The amount of the payments established pursuant to
subparagraph (B) of paragraph (2) of subdivision (a) of Section 42421
shall be at a level necessary to provide sufficient funds for the
requirements of this section and Section 42425.
42425. (a) (1) The board shall designate persons to establish a
non-profit public benefit corporation. The corporation shall be
solely responsible for managing a cost-efficient and environmentally
sound collection, transportation, processing, and disposal system for
residential fluorescent lamps.
(2) The corporation shall be funded by the board using moneys from
the Residential Fluorescent Lamp Recycling Fund.
(b) Specific responsibilities of the corporation shall include,
but are not limited to, the following:
(1) Organizing, administering, and ensuring that residential
fluorescent lamp collection opportunities are available and provided
in a manner that is free and convenient to all consumers.
(2) Encouraging the use of existing collection and consolidation
infrastructures for handling residential fluorescent lamps to the
extent that the infrastructure is accessible on a regular and ongoing
basis, is cost effective, and meets environmentally sound management
requirements.
(3) Providing compensation for the collection and recycling of
residential fluorescent lamps, by approved collectors and recyclers
whether by local government, for-profit corporations, nonprofit
corporations, retailers, manufacturers, or any other party, for the
reasonable costs associated with these activities.
(4) (A) Conducting consumer and retailer education and outreach
efforts to promote the source reduction and recycling of residential
fluorescent lamps. The corporation may organize and coordinate
education and outreach efforts with retail sellers of electricity.
(B) Education and outreach efforts may include, but are not
limited to, developing, and updating as necessary, educational and
other outreach materials aimed at retailers of residential
fluorescent lamps. Those materials shall be made available to the
retailers and may include, but are not limited to, one or more of the
following:
(i) Signage that is prominently displayed and easily visible to
the consumer.
(ii) Written materials and templates of materials for reproduction
by retailers to be provided to the consumer at the time of purchase
or delivery, or both. Written materials shall include information on
the prohibition of improper disposal of residential fluorescent
lamps.
(iii) Advertising or other promotional materials, or both, that
include references to residential fluorescent lamp recycling
opportunities.
(5) Submitting a report to the board annually on the
implementation of the system during the previous calendar year. The
report shall be posted on the corporation's Internet Web site and
shall include all of the following:
(A) A list of all manufacturers participating in the system and
the total amount collected.
(B) A list of all parties participating in the system whom the
corporation has designated as approved to receive payments, the
amount of payments it has made to those parties, and the purpose of
those payments.
(C) The total number of residential fluorescent lamps collected
the previous year.
(D) A summary of funds expended by the following categories:
(i) Education.
(ii) Administration.
(iii) Collection.
(iv) Transportation.
(v) Recycling.
(vi) Disposal.
(vii) Other.
(E) Any surplus funds carried forward.
(F) A complete listing of all collection sites and the amount of
material collected at each site.
(6) Maintaining an Internet Web site with up-to-date listings of
where consumers can bring residential fluorescent lamps for
recycling.