BILL NUMBER: AB 1173 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 4, 2009
AMENDED IN SENATE JULY 23, 2009
AMENDED IN SENATE JUNE 29, 2009
AMENDED IN ASSEMBLY MAY 5, 2009
INTRODUCED BY Assembly Member Huffman
(Coauthors: Assembly Members Portantino , Salas, and
Torlakson)
(Coauthor: Senator DeSaulnier)
FEBRUARY 27, 2009
An act to amend Section 25210.9 of the Health and Safety
Code, and to add Chapter 7.3 (commencing with Section 42420) to
Part 3 of Division 30 of the Public Resources Code, relating to
recycling hazardous materials .
LEGISLATIVE COUNSEL'S DIGEST
AB 1173, as amended, Huffman. Recycling: residential
fluorescent lamps. Hazardous materials: florescent
lamps: recycling.
The 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, on and after January 1, 2011, would prohibit the sale
or offering for sale in this state of luminaires and lighting
fixtures that are intended for general lighting purposes and contain
preheat ballasts for operation of preheat linear fluorescent lamps.
The California Integrated Waste Management Act of 1989,
administered by the California Integrated Waste Management Board,
is required to reduce, recycle, and reuse
requires reduction, recycling, and reuse of 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
manufacturer for the purchase and distribution
of compact fluorescent lamps, unless the compact fluorescent lamps
meet certain specifications, and the manufacturer of the compact
fluorescent lamps, individually or ,
collectively with other manufacturers , or through a
stewardship organization, has implemented a residential fluorescent
lamp recycling program for each residential fluorescent lamp, as
defined, sold in this state. The bill would require the
board, on July 1, 2010, and semiannually thereafter, to post on its
Internet Web site a notice listing manufacturers that do not meet the
above requirements. sold by retailers selling the
manufacturer's subsidized lamps. The bill would prohibit the
distribution of moneys from funds generated from usage-based charges
on electricity distribution that are provided by California's retail
sellers of electricity to a retailer, except moneys provided to
a retailer through a manufacturer, unless the retailer has
agreed to provide the public an in-store collection opportunity for
the recycling of residential fluorescent lamps. The bill would
prohibit manufacturers and retailers from using funds generated from
usage-based charges on electricity distribution that are provided by
California's retail sellers of electricity for recycling activities.
The bill would require the manufacturers of residential
fluorescent lamps sold in this state, individually or
, collectively with other manufacturers ,
or through a stewardship organization, to develop
establish and maintain a residential fluorescent
lamp recycling program containing specified elements within 90 days
of receiving the funds generated from usage-based charges. The bill
would require a manufacturer, individually or
, collectively with other manufacturers , or
through a stewardship organization, to submit an annual report on the
implementation of the residential fluorescent lamp recycling
program. The bill would require the board to establish an
administrative fee , not to exceed $5,000 per manufacturer and
bearing a reasonable relationship to actual costs, to be paid
by the manufacturers to cover the cost of reviewing and approving the
annual report and of oversight and enforcement of the program.
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. Section 25210.9 of the Health
and Safety Code is amended to read:
25210.9. (a) Except as provided in subdivisions (e), (f), and
(g), on and after January 1, 2010, a person shall not manufacture
general purpose lights for sale in this state that contain levels of
hazardous substances that would result in the prohibition of those
general purpose lights being sold or offered for sale in the European
Union pursuant to the RoHS Directive.
(b) Except as provided in subdivisions (e), (f), and (g), on and
after January 1, 2010, a person shall not sell or offer for sale in
this state a general purpose light under any of the following
circumstances:
(1) The general purpose light being sold or offered for sale was
manufactured on and after January 1, 2010, and contains levels of
hazardous substances that would result in the prohibition of that
general purpose light being sold or offered for sale in the European
Union pursuant to the RoHS Directive.
(2) The manufacturer of the general purpose light sold or being
offered for sale fails to provide the documentation to the department
required by subdivision (h).
(3) The manufacturer of the general purpose light being sold or
offered for sale does not provide the certification required in
subdivision (i).
(c) For the purposes of this section, "RoHS Directive" means
Directive 2002/95/EC, adopted by the European Parliament and the
Council of the European Union on January 27, 2003, on the restriction
of certain hazardous substances in electrical and electronic
equipment, as amended thereafter by the Commission of European
Communities (13.2.2003 Official Journal of the European Union).
(d) The department shall determine the products covered by the
RoHS Directive by reference to authoritative guidance published by
the United Kingdom implementing the RoHS Directive in that country.
(e) (1) Except as provided in paragraph (2)
paragraphs (2) and (3) , subdivisions (a), (b), (h), and
(i) do not apply to high output and very high output linear
fluorescent lamps greater than 32 millimeters in diameter and preheat
linear fluorescent lamps.
(2) On or after January 1, 2014, the department shall determine,
in consultation with companies that manufacture lamps specified in
paragraph (1) in the United States, if those lamps should be subject
to the requirements of subdivisions (a), (b), (h), and (i), taking
into consideration changes in lamp design or manufacturing technology
that will allow for the removal or reduction of mercury.
(3) On and after January 1, 2011, new luminaires and lighting
fixtures intended for general lighting purposes and containing
preheat ballasts for operation of preheat linear florescent lamps
shall not be sold or offered for sale in this state.
(f) On and after January 1, 2012, for high intensity discharge
lamps and compact fluorescent lamps greater than nine inches in
length, subdivisions (a), (b), (h), and (i) shall be applicable.
(g) On and after January 1, 2014, for state-regulated general
service incandescent lamps and enhanced spectrum lamps as defined in
subdivision (k) of Section 1602 of Title 20 of the California Code of
Regulations, subdivisions (a), (b), (h), and (i) shall be
applicable.
(h) A manufacturer of general purpose lights sold or being offered
for sale in California shall prepare and, at the request of the
department, submit within 28 days of the date of the request,
technical documentation or other information showing that the
manufacturer's general purpose lights sold or offered for sale in
this state comply with the requirements of the RoHS Directive.
(i) A manufacturer of general purpose lights sold or being offered
for sale in California shall provide, upon request, a certification
to a person who sells or offers for sale that manufacturer's general
purpose lights. The certification shall attest that the general
purpose lights do not contain levels of hazardous substances that
would result in the prohibition of those general purpose lights being
sold or offered for sale in California. Alternatively, the
manufacturer may display the certification required by this
subdivision prominently on the shipping container or on the packaging
of general purpose lights.
(j) The department may adopt regulations to implement and
administer this article.
SEC. 3. SEC. 4. 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. For the purposes of this chapter, the following terms have
the following meanings:
(a) "Board" means the California Integrated Waste Management
Board.
(a)
(b) "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
residential use.
(e) "Residential fluorescent lamp recycling program" means a
system for the collection, transportation, recycling, and proper
disposal of fluorescent lamps that is financed, as well as managed or
provided, by a manufacturer receiving funds pursuant to the
program described in Section 42421, individually, collectively
with other manufacturers, or through a stewardship organization.
(f) "Retailer" means a person that sells subsidized fluorescent
lamps intended for residential use 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.
(g) "Stewardship organization" means a nonprofit
an organization that implements and administers
the residential fluorescent lamp recycling program.
42421. (a) (1) 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
California's electrical corporations and local
publicly owned electric utilities, as defined in Sections 218 and
224.3 of the Public Utilities Code, respectively, shall not be
distributed to any entity manufacturer
for the purchase and distribution of compact fluorescent lamps,
unless all of the following conditions exist:
(A) 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 Department of Toxic Substances Control
establishes standards on mercury levels that are more stringent than
ENERGY STAR for compact fluorescent lamps, the compact fluorescent
lamps purchased are required to meet the Department of Toxic
Substances Control standards.
(B) The manufacturer, individually collectively with other
manufacturers or through a stewardship organization, establishes and
maintains a 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.
(A) All compact fluorescent lamps purchased are qualified as the
most recent ENERGY STAR version listed on the ENERGY STAR Internet
Web site, and contain no more mercury than the amount referenced in
the most recent ENERGY STAR version, or four milligrams of mercury
for any basic lamp of up to 25 watts, whichever is less.
(B) The manufacturer, individually, collectively with other
manufacturers, or through a stewardship organization, establishes and
maintains a comprehensive residential fluorescent lamp recycling
program for all residential lamps sold by retailers selling the
manufacturer's subsidized lamps, to manage end-of-life residential
fluorescent lamps in an environmentally sound fashion, including
collection, transportation, recycling, and proper disposal.
Collection of end-of-life residential fluorescent lamps may occur
through a variety of collection methodologies and locations.
(C) Packaging for the subsidized compact fluorescent lamps sold in
this state shall have a label informing consumers that disposing of
fluorescent lamps in the solid waste stream is prohibited and
providing access to information on opportunities for proper
recycling.
(2) The manufacturer, individually or collectively with other
manufacturers through or a stewardship organization, may contract
with a retailer for in-store or out-of-store collection of
end-of-life residential fluorescent lamps.
(3) The prohibition in paragraph (1) shall be effective on the
120th day after the notice described in subdivision (d) listing a
manufacturer is posted on the board's Internet Web site and shall
remain in effect until the manufacturer is no longer listed on the
board's Internet Web site or the manufacturer has obtained a
certification letter pursuant to subdivision (e).
(2) The manufacturer, individually, collectively with other
manufacturers, or through a stewardship organization, may contract
with a retailer for in-store or out-of-store collection of
end-of-life residential fluorescent lamps.
(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 electrical
corporations and local publicly owned electric utilities, as defined
in Sections 218 and 224.3 of the Public Utilities Code,
respectively, shall not be distributed from a utility
directly 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. This requirement shall not apply
to those moneys provided to a retailer through a manufacturer.
(c) On July 1, 2010, and semiannually thereafter, the board shall
post on its Internet Web site a notice listing manufacturers that are
not in compliance with conditions set forth in paragraph (1) of
subdivision (a).
(d) Manufacturers that have been listed pursuant to subdivision
(d), but can demonstrate to the satisfaction of the board that they
are in compliance with conditions set forth in paragraph (1) of
subdivision (a) may request a certification letter from the board to
that effect. The letter shall constitute compliance with those
conditions.
(e) A retailer shall monitor the board's Internet Web site to
determine if the sale of a manufacturer's subsidized compact
fluorescent lamps is in compliance with this article.
(c) 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
electrical corporations and local publicly owned electric utilities,
as defined in Sections 218 and 224.3 of the Public Utilities Code,
respectively, shall not be used to fund manufacturer or retailer
recycling activities required under this chapter.
42422. (a) To meet the requirement of paragraph (2)
subparagraph (B) of paragraph (1) of subdivision
(a) of Section 42421, a manufacturer of residential fluorescent
lamps sold in this state shall , individually
individually, or collectively with other
manufacturers , or through a stewardship organization,
establish and maintain a residential fluorescent lamp recycling
program , as defined in subdivision (e) of Section 42420,
in accordance with this section within 90 days of receiving funds
generated from usage-based charges on electricity distribution.
(b) The program shall demonstrate sufficient funding.
(c) The program shall be free and convenient to all consumers.
(d) The program shall include education and outreach efforts to
promote the proper management of end-of-life fluorescent lamps.
Education and outreach efforts may include, but are not limited to,
any of the following:
(1) 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:
(A) Signage that is prominently displayed and easily visible to
the consumer.
(B) 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
and recycling opportunities.
(C) Advertising or other promotional materials, or both, that
include references to residential fluorescent lamp recycling
opportunities.
(2) Strategizing with retail sellers of electricity to encourage
their participation in the collection and proper management of
end-of-life fluorescent lamps. These strategies may include the
inclusion of an educational insert in their customers' utility bills.
(3) Encourage in-store collection by retailers and other outlets.
(e) Within one year of implementing a residential fluorescent lamp
recycling program, and annually thereafter, a manufacturer of
residential fluorescent lamps, individually, collectively with other
manufacturers , or through a stewardship organization,
shall submit an annual report to the board describing its residential
fluorescent lamp recovery efforts. The report shall be posted on the
manufacturer's Internet Web site. The annual report shall include
all of the following:
(1) A list of all manufacturers participating in the program.
(2) The total number of end-of-life fluorescent lamps collected in
California during the previous year under the residential
fluorescent lamp recycling program implemented by that manufacturer
.
(3) A complete listing of all participating collection sites.
(4) A description of the methods used to collect, transport,
recycle, and dispose of end-of-life fluorescent lamps.
(5) A description of the outreach strategies employed to increase
participation and collection rates.
(6) Examples of the outreach and educational materials used.
(7) The total cost of implementing the residential fluorescent
lamp recycling program by the following categories:
(A) Outreach and education.
(B) Administration.
(C) Collection, transportation, recycling, and disposal.
42423. (a) 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.
(b) The board shall enforce this chapter.
(c) The board shall establish administrative fees to be paid by
manufacturers to cover the cost of reviewing and approving the annual
report and the cost of oversight and enforcement of the residential
fluorescent lamp recycling program.
42423. (a) 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.
(b) Prior to adopting a finding of compliance or noncompliance,
the board shall notify manufacturers that it believes are not in
compliance with the conditions set forth in paragraph (1) of
subdivision (a) of Section 42421 and provide the manufacturer with an
opportunity to cure its noncompliance within 30 days or a meaningful
opportunity to be heard as to why it believes the finding of
noncompliance is in error. If the manufacturer does not persuade the
board that it is in compliance after this process, the board shall
post on its Internet Web site a notice listing manufacturers that are
not in compliance.
(c) Manufacturers that have been listed pursuant to subdivision
(b), but can demonstrate to the satisfaction of the board that they
are in compliance with the conditions set forth in paragraph (1) of
subdivision (a) of Section 42421, may request a certification letter
from the board to that effect. The letter shall constitute compliance
with those conditions.
(d) The board shall enforce this chapter.
(e) The board shall establish administrative fees to be paid by
manufacturers receiving funds pursuant to the program described in
Section 42421 to cover the cost of reviewing and approving the annual
report and the cost of oversight and enforcement of the residential
fluorescent lamp recycling program. The fee shall not exceed five
thousand dollars ($5,000) per manufacturer and shall bear a
reasonable relationship to actual costs.