BILL ANALYSIS                                                                                                                                                                                                    



                                                               AB 1173
                                                                       

                      SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                        Senator S. Joseph Simitian, Chairman
                              2009-2010 Regular Session
                                           
           BILL NO:    AB 1173           
           AUTHOR:     Huffman
           AMENDED:    June 29, 2009
           FISCAL:     Yes               HEARING DATE:     July 6, 2009
           URGENCY:    No                CONSULTANT:       Caroll  
           Mortensen
            
           SUBJECT  :    RECYCLING FLUORESCENT LAMPS

            SUMMARY  :    
           
            Existing law  , under the California Lighting Efficiency and  
           Toxics Reduction Act (Health and Safety Code 25210.9 and  
           Public Resources Code 25402.5.4. et seq): 

           1)Prohibits the manufacture, on or after January 1, 2010, of  
             general purpose lights, as defined, for sale that contain  
             levels of hazardous substances prohibited in the European  
             Union (EU) pursuant to the RoHS Directive ("Restriction on  
             the Use of Certain Hazardous Substances in Electrical and  
             Electronic Equipment" or Directive 2002/95/EC.). 

           2)Prohibits the sale of general purpose lights, on or after  
             January 1, 2010, under the following circumstances:  the  
             lights would be prohibited in the EU pursuant to the RoHS  
             Directive; the manufacturer has not provided specified  
             information about the lights to the Department of Toxic  
             Substances Control (DTSC); and the lights are not certified  
             as being free of levels of hazardous substances that would  
             prohibit their sale in California. 

           3)Requires DTSC, in coordination with the California  
             Integrated Waste Management Board (IWMB), to convene a task  
             force to consider and make recommendations, on or before  
             September 1, 2008, on the proper collection and recycling of  
             end-of-life general purpose lights. 

           4)Requires, on or before December 31, 2008, the California  
             Energy Commission (CEC) to adopt minimum energy efficiency  
             standards for all general purpose lights.  Required the  








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             regulations, along with other programs, to reduce, by 2018,  
             from 2007 levels for indoor residential lighting and by not  
             less than 25% from 2007 levels for indoor commercial and  
             outdoor lighting. 

           5)Authorizes the CEC to establish programs to encourage the  
             sale of general purpose lights that meet or exceed energy  
             efficiency standards. 

           6)Establishes a Public Goods Charge (PGC) that consumers pay  
             on electricity consumption for cost-effective energy  
             efficiency, renewable technologies, and public interest  
             research. 

           7)Establishes the Mercury Thermostat Collection Act of 2008  
             that sets forth a program for manufacturers of  
             mercury-containing thermostats to manage the waste  
             thermostats.  (Health and Safety Code 25214.8.10 et seq.).

            This bill  :

           1)Defines terms for the purposes of this chapter, including:

              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 as  
                described. 

              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,  








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                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. 

           2)Prohibits 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, from being distributed to any entity 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  
                California Environmental Protection Agency (Cal EPA)  
                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 Cal  
                EPA standards. 

              b)   One of the following requirements are met: 

                i)     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. 

                ii)    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  








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                  pursuant to Section 42424.

              c)   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.

           3)Prohibits 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, from being 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. 

           4)Requires the IWMB to 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 #2, (c) above. 

           5)Requires a manufacturer of residential fluorescent lamps  
             sold in California to, individually or collectively with  
             other manufacturers, submit a residential fluorescent lamp  
             recycling plan to the IWMB within 90 days of receiving funds  
             generated from usage-based charges on electricity  
             distribution.  The plan shall:

              a)   Demonstrate sufficient funding for the residential  
                fluorescent lamp recycling program and be free and  
                convenient to all consumers. 

              b)   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. 

              c)   Include consumer and retail education and outreach  








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                efforts to promote the source reduction and recycling of  
                residential fluorescent lamps.

           6)Requires the IWMB to review and approve the residential  
             fluorescent lamp recycling plan within 90 days of receipt.

           7)Requires that two months after a plan is approved by the  
             IWMB, a manufacturer to implement the residential  
             fluorescent lamp recycling program described in the plan. 

           8)Requires, within one year of implementing a plan, and each  
             year thereafter, a manufacturer shall, individually or  
             collectively with other manufacturers, submit a report to  
             the IWMB describing its residential fluorescent lamp  
             recovery efforts.

           9)Requires the IWMB to review the annual report and within 90  
             days of receipt shall adopt a finding of compliance or  
             noncompliance with the provisions of this act.

           10)Requires the IWMB to enforce this chapter.

           11)Requires the IWMB to 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 chapter.

           12)Requires the initial amount to be collected from a  
             manufacturer and distributor of residential fluorescent  
             lamps, who are not submitting a plan, 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.

           13)Requires on and after January 1, 2011, the amount to be  
             collected from a manufacturer or distributor of residential  
             fluorescent lamps who is not submitting a plan, shall be the  
             total amount of funds projected to be needed to make the  
             payments pursuant to collectors and recyclers of lamps and  
             the amount needed to cover the costs of implementing a  
             residential fluorescent lamp recycling program, 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  








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             exceed 10 million dollars ($10,000,000).

           14)Requires any amount collected from a manufacturer or  
             distributor of residential fluorescent lamps, who is not  
             submitting a plan, shall be deposited into the Residential  
             Fluorescent Lamp Recycling Fund which is created in the  
             State Treasury and makes the funds continuously appropriated  
             to the IWMB for the purposes of carrying out this chapter.

           15)Requires moneys in the fund to 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.

           16)Requires the amount of payments established pursuant to  
             this section 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.

           17)Requires the IWMB to 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.

           18)Requires the corporation to be funded by the IWMB using  
             moneys from the Residential Fluorescent Lamp Recycling Fund.

           19)Tasks the corporation with specific responsibilities  
             including, but not limited to: 

              a)   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. 

              b)   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  








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                requirements. 

              c)    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. 

              d)   Conducting consumer and retailer education and  
                outreach efforts to promote the source reduction and  
                recycling of residential fluorescent lamps.

              e)   Submitting a report to the IWMB 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 information on  
                program operations. 

            COMMENTS  :

            1) Purpose of Bill  .  According to the author, due to the  
              presence of mercury in compact fluorescent lamps (CFLs),  
              the lamps are classified as hazardous waste when discarded  
              and their disposal in the trash is prohibited.

            2) Background  . Mercury is an essential part of fluorescent  
              lamps because it allows the bulb to be an efficient light  
              source.  Unfortunately, mercury is also a neurotoxin,  
              affecting the brain and nervous system.  It accumulates up  
              the food chain and humans are exposed to mercury mainly  
              through eating fish and shellfish.  Currently, there is no  
              convenient and cost effective infrastructure in place for  
              California residents to recycle their lamps.  There are  
              only 210 permanent and recycle-only Household Hazardous  
              Waste (HHW) facilities in California.  Most of these  
              facilities have limited hours and few locations, which  
              makes it inconvenient for residents to recycle fluorescent  
              lamps.  Californians likely generated about 10 million  
              'end-of-life' CFLs in 2008.  That number is expected to  
              grow over the next several years:  15 million in 2009, 30  
              million in 2012 and up to 45 million by 2015 and beyond.   
              Due to insufficient awareness and opportunity, the current  
              recycling rate for CFL's appears to be less than 10  








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              percent.  End-of-life lamps have virtually no value, so the  
              collection, recycling and mercury recovery of these lamps  
              represent a cost.  With little economy of scale or  
              efficiency, that cost is in the range of 35 cent to as much  
              as $1 dollar per lamp recycled.

            3) Energy Funding  .  The California Public Utilities  
              Commission's (PUC) energy efficiency programs are funded by  
              charges applied to each bill within each utility's service  
              territory.  These surcharges, commonly knows as public  
              goods charges (PGC), provide a total of approximately $540  
              million to fund public purpose programs.

            4) Product Stewardship / Extended Producer Responsibility  .   
              According to the IWMB, product stewardship or extended  
              producer responsibility (EPR) are terms used to describe  
              strategies to place a shared responsibility for end-of-life  
              product management on the producers, and all entities  
              involved in the product chain, instead of the general  
              public; while encouraging product design changes that  
              minimize a negative impact on human health and the  
              environment at every stage of the product's lifecycle.   
              This allows the costs of treatment and disposal to be  
              incorporated into the total cost of a product.  It places  
              primary responsibility on the producer, or brand owner, who  
              makes design and marketing decisions.  It also creates a  
              setting for markets to emerge that truly reflect the  
              environmental impacts of a product, and to which producers  
              and consumers respond.  At its January 2008 board meeting,  
              IWMB adopted a revised "Overall Framework for an EPR System  
              in California," which called for establishing an EPR system  
              through statute and subsequent regulations.  IWMB's EPR  
              Framework was developed and adopted after two years of  
              public workshops and meetings with local governments,  
              legislative members, retailers, and producers.  Similarly,  
              the League of California Cities, California State  
              Association of Counties, and the Regional Council of Rural  
              Counties each have all adopted EPR policy supporting the  
              IWMB's general framework approach.

            5) AB 1109 Task Force  .  The California Lighting Efficiency and  
              Toxics Reduction Act required DTSC, in coordination with  
              the IWMB to convene a task force to consider and make  
              recommendations, on or before September 1, 2008, on methods  








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              of collection, recycling, education, outreach, labeling,  
              and designations for end-of-life residential fluorescent  
              lamps, which are considered hazardous waste upon disposal.   
              AB 1173 does not include all of the task force  
              recommendations.  It does not share responsibility among  
              all lamp manufacturers and does rely heavily on government  
              oversight.  Also, more actions to further reduce mercury  
              releases could be undertaken.

            6) Policy Issues  .  This bill proposes an ambitious program to  
              collect waste lamps and reducing the amount of mercury used  
              in lamps while increasing energy efficiency.  This bill  
              conditions the receipt of PGC funds for the purchase and  
              distribution of compact fluorescent lamps (CFL) on meeting  
              requirements to provide a structure to manage waste lamps  
              for consumers.  It also requires that CFL's purchased be  
              compliant with the ENERGY STAR requirements.

           The bill only focuses on a part of the market as not all light  
              manufacturers participate in the PCG programs, thus some  
              manufacturers of lamps are not subject to the requirements  
              of the bill.  This is not consistent with a true EPR  
              approach that would have all market participants  
              participate.  It also differs from the recommendations from  
              the Task Force Report.  Nevertheless, the premise of  
              requiring those who benefit from those funds to provide  
              some level of service has merit.

            7) Suggested Amendments  .  The bill could benefit from a more  
              streamlined approach that focuses on the key goals.  The  
              author may wish to consider options to accomplish that by  
              deleting the complicated "third party organization" and  
              related funding mechanism concepts for this program.  If  
              the universe of lamp manufacturers subject to the bill is  
              limited to those participating in the PCG programs, the  
              development of a third party organization is probably not  
              necessary.  Also, the author may wish to examine other  
              methods to reduce mercury releases including examining the  
              exemptions allowed in The California Lighting Efficiency  
              and Toxics Reduction Act for lamps.

            SOURCE  :        Californians Against Waste  

           SUPPORT  :       California Retailers Association  








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           OPPOSITION  :    California Taxpayers' Association
           City and County of San Francisco
           Natural Resources Defense Council
           Stop Hidden Taxes Coalition