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 AB 1173 Page 2 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, AB 1173 Page 3 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 AB 1173 Page 4 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 AB 1173 Page 5 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 AB 1173 Page 6 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 AB 1173 Page 7 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 AB 1173 Page 8 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 AB 1173 Page 9 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 AB 1173 Page 10 OPPOSITION : California Taxpayers' Association City and County of San Francisco Natural Resources Defense Council Stop Hidden Taxes Coalition