BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1173|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 1173
Author: Huffman (D), et al
Amended: 9/4/09 in Senate
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 4-2, 7/6/09
AYES: Simitian, Corbett, Lowenthal, Pavley
NOES: Runner, Ashburn
NO VOTE RECORDED: Hancock
SENATE APPROPRIATIONS COMMITTEE : 7-5, 8/17/09
AYES: Kehoe, Corbett, Leno, Oropeza, Price, Wolk, Yee
NOES: Cox, Denham, Runner, Walters, Wyland
NO VOTE RECORDED: Hancock
ASSEMBLY FLOOR : 51-25, 6/2/09 - See last page for vote
SUBJECT : Recycling: residential fluorescent lamps
SOURCE : Californians Against Waste
DIGEST : This bill enacts the California Fluorescent Lamp
Toxics Reduction and Recycling Act, which on and after
January 1, 2011, prohibits 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.
This bill requires manufacturers and retailers of compact
fluorescent light bulbs that receive funding from
electricity ratepayers to develop and implement recycling
CONTINUED
AB 1173
Page
2
programs for those light bulbs.
Senate Floor Amendments of 9/4/09: (1) Add a provision
that bans the sale of new luminaires and lighting fixtures
containing preheat ballasts on or after January 1, 2011,
and (2) streamline and make conforming, technical changes,
to the operative provisions relating to the recycling
program for fluorescent lamps required pursuant to this
bill.
ANALYSIS : 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 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 European Union pursuant
to the RoHS Directive; the manufacturer has not provided
specified information about the lights to the Department
of Toxic Substances Control; and the lights are not
certified as being free of levels of hazardous substances
that would prohibit their sale in California.
3.Requires the Department of Toxic Substances Control, 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 to adopt minimum energy efficiency
standards for all general purpose lights. Required the
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
CONTINUED
AB 1173
Page
3
commercial and outdoor lighting.
5.Authorizes the California Energy Commission to establish
programs to encourage the sale of general purpose lights
that meet or exceed energy efficiency standards.
6.Establishes a Public Goods Charge 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. "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.
C. "Residential fluorescent lamps" means compact
fluorescent lamps and any other fluorescent lamp
intended for residential use.
D. "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 individually, collectively with other
manufacturers, or through a stewardship
organization.
CONTINUED
AB 1173
Page
4
E. "Stewardship organization" means an
organization that implements and administers the
residential fluorescent lamp recycling program.
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 electrical corporations and
local publicly owned electric utilities as defined,
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, 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.
1. Specifies that moneys from funds generated from
usage-based charges on electricity distribution,
CONTINUED
AB 1173
Page
5
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, shall not be used to
fund manufacturer or retailer recycling activities
required under this chapter.
2. Requires a manufacturer of residential fluorescent
lamps sold in California to, individually or
collectively with other manufacturers, or through a
stewardship organization to establish and maintain 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. 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:
Signage that is prominently displayed
and easily visible to the consumer.
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.
CONTINUED
AB 1173
Page
6
Advertising or other promotional
materials, or both, that include references to
residential fluorescent lamp recycling
opportunities.
A. 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.
B. Encourage in-store collection by retailers and
other outlets.
1. Requires a manufacturer of residential florescent
lamps, within one year of implementing a residential
fluorescent lamp recycling program, and annually
thereafter to submit an annual report to the IWMB
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:
A. A list of all manufacturers participating in
the program.
B. The total number of end-of-life fluorescent
lamps collected in California during the previous
year under the residential lamp recycling program
implemented by that manufacturer.
C. A complete listing of all participating
collection sites.
D. A description of the methods used to collect,
transport, recycle, and dispose of end-of-life
fluorescent lamps.
E. A description of the outreach strategies
employed to increase participation and collection
rates.
F. Examples of the outreach and educational
materials used.
G. The total cost of implementing the residential
fluorescent lamp recycling program by the following
categories:
CONTINUED
AB 1173
Page
7
(1) Outreach and education.
(2) Administration.
(3) Collection, transportation, recycling, and
disposal.
1. 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.
2. 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.
3. Requires the IWMB to enforce this chapter.
4. 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. The fee shall not exceed
$5,000 per manufacturer and shall bear a reasonable
relationship to actual costs.
5. 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.
Comments
According to the author's office, due to the presence of
mercury in compact florescent lights, the lamps are
classified as hazardous waste when discarded and their
disposal in the trash is prohibited.
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
CONTINUED
AB 1173
Page
8
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
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' compact florescent lights 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 compact
florescent lights appears to be less than 10 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.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11
2011-12 Fund
Waste Board Review
and Enforcement $20 $40
$40Special*
* Integrated Waste Management Account (fully offset by
fees).
SUPPORT : (Verified 9/8/09)
Californians Against Waste (source)
California Refuse Recycling Council
California Retailers Association
City of Sebastopol
General Electric
CONTINUED
AB 1173
Page
9
Marin Sanitary Service
OSRAM Sylvania
San Luis Obispo County Integrated Waste Management
Authority
Sierra Club
TURN
OPPOSITION : (Verified 9/8/09)
California Product Stewardship Council
Department of the Environment, City and County of San
Francisco (unless amended)
Natural Resources Defense Council (unless amended)
ARGUMENTS IN SUPPORT : The bill's sponsor asserts that
this bill is aimed at reducing mercury emissions from
residential florescent lighting through market-based source
reduction and recycling incentives. They contend that while
the environmental benefits of using florescent lighting
over incandecent lighting is clear, the current generation
of florescent lighting contains mercury. Proponents argue
that this bill will motivate manufacturers to reduce
mercury in CFLs, while helping to establish a free and
convenient program for consumers to properly dispose of
florescent lighting.
ARGUMENTS IN OPPOSITION : According to the City and
County of San Francisco, Department of the Environment, "AB
1173 ties participation in recycling programs with receipt
of a subsidy for CFL lighting provided through the Public
Good Charge. Once the subsidy goes away, there will be no
incentive for participating manufacturers to keep
collecting and recycling spent bulbs. Thus, we believe
this bill will not provide the needed long-term financial
relief that local governments are looking for.
"In addition, the bill's linkage with receipt of subsidy
funds means that not all manufacturers who sell fluorescent
lights will have to participate in taking them back at the
end of the useful life. Limiting required participation in
a statewide recycling program to just a few of the
potential manufacturers will result in insufficient
recycling infrastructure to handle the collection the
hundreds of thousands of fluorescent bulbs that come
CONTINUED
AB 1173
Page
10
through our programs on an annual basis."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Arambula, Beall, Blakeslee,
Blumenfield, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Chesbro, Coto, Davis, De La Torre, De
Leon, Eng, Evans, Feuer, Fong, Fuentes, Fuller, Hall,
Hayashi, Hernandez, Hill, Huffman, Jones, Krekorian,
Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning, Nava, John
A. Perez, V. Manuel Perez, Portantino, Price, Ruskin,
Salas, Saldana, Skinner, Smyth, Solorio, Swanson,
Torlakson, Torres, Torrico, Yamada, Bass
NOES: Anderson, Bill Berryhill, Tom Berryhill, Conway,
DeVore, Duvall, Fletcher, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Harkey, Huber, Jeffries, Knight, Logue,
Miller, Nestande, Niello, Nielsen, Silva, Audra
Strickland, Tran, Villines
NO VOTE RECORDED: Block, Cook, Emmerson, Furutani
TSM:nl 9/8/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED