BILL ANALYSIS                                                                                                                                                                                                    Ó






                                                                     AJR 28


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          Date of Hearing:  April 27, 2016


                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE


                                  Mike Gatto, Chair


          AJR 28  
          (Obernolte) - As Amended March 28, 2016


          SUBJECT:  Daylight saving time


          SUMMARY: Urges the Congress of the United States and the  
          President of the United States to enact legislation that would  
          allow a state to adopt daylight saving time (DST) year round.  
          Specifically, this resolution makes the following legislative  
          findings:


          1)DST was a widely used 20th century energy reduction tool that  
            can be expanded to meet 21st century energy shortages.
          2)Although neither standard time nor DST produces much energy  
            reduction for the coldest states during the more frigid months  
            of the year, California enjoys a temperate climate that would  
            afford greater reductions in energy use by utilizing a  
            year-round DST plan. 


          3)The federal Uniform Time Act of 1966 allows states to decline  
            application of DST and provides states with the option of  
            practicing standard time year round, but does not allow states  
            to practice DST year round.              


          4)By applying DST uniformly, the state could avoid any  











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            inconsistencies in time application that would otherwise  
            impact and confuse the broadcasting, rail, airline, and motor  
            coach industries.              


          5)In House of Representatives Report No. 99-185 from the  
            Committee on Energy and Commerce, numerous benefits are listed  
            in support of the extension of DST, including significant  
            energy conservation, improved traffic safety, reduction in  
            crime, economic growth, and overwhelming public support.        
                  


          6)The state would greatly benefit from having the option of  
            extending DST year round.


          EXISTING LAW:  


          1)Federal law establishes the standard time of the United States  
            for each of nine zones and advances the standard time of each  
            zone by one hour during the period commencing at 2 a.m. on the  
            second Sunday of March of each year and ending at 2 a.m. on  
            the first Sunday of November of each year.             


          2)The DST Act, which was adopted as an initiative measure by the  
            voters at the November 8, 1949, special election, provides  
            that the standard time within the state is that which is  
            known, described, and designated by federal law as United  
            States Standard Pacific Time.


          3)Requires, from 1 a.m. on the last Sunday of April, until 2  
            a.m. on the last Sunday of October, the standard time within  
            the state to be one hour in advance of United States Standard   
                         Pacific Time.












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          FISCAL EFFECT:  Unknown. This resolution is keyed non-fiscal by  
          the Legislative Counsel.


          COMMENTS:  


          1)Author's Statement: "Switching our clocks to observe daylight  
            saving time twice a year is an outdated practice that is  
            hazardous to our health and well-being and it is time to end  
            it. While opting to stay on standard time year round is one  
            solution to this problem, there are number of advantages to  
            staying on permanent daylight saving time that make it a more  
            attractive option. Permanent daylight saving time would result  
            in a reduction in traffic accidents and robberies, offer net  
            energy savings and could potentially provide a great boost to  
            the tourism industry and local businesses. Ultimately, it  
            should be up to the voters to decide whether or not to observe  
            permanent daylight saving time. However, under federal law,  
            states only have the option of opting for standard time. ACR  
            28 would urge Congress to enact legislation to allow states to  
            observe daylight saving time permanently and give the voters  
            the power to decide."
          2)Background: DST has been used in the United States (U.S.) and  
            in many European countries since World War I. At that time, in  
            an effort to conserve fuel needed to produce electric power,  
            Germany and   Austria took time by the forelock, and began  
            saving daylight at 11:00 p.m. on April 30, 1916, by advancing  
            the hands of the clock one hour until the following October.  
            Other countries immediately adopted this 1916 action: Belgium,  
            Denmark, France, Italy, Luxembourg, Netherlands, Norway,  
            Portugal, Sweden, Turkey, and Tasmania. Nova Scotia and  
            Manitoba adopted it as well, with Britain following suit three  
            weeks later, on May 21, 1916. In 1917, Australia and  
            Newfoundland began saving daylight.

            The plan was not formally adopted in the U.S. until 1918. An  
            Act to preserve daylight and provide standard time for the  











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            United States was enacted on March 19, 1918. It both  
            established standard time zones and set summer DST to begin on  
            March 31, 1918. DST was observed for seven months in 1918 and  
            1919. After the War ended, the law proved so unpopular (mostly  
            because people rose earlier and went to bed earlier than  
            people do today) that it was repealed in 1919 with a  
            Congressional override of President Wilson's veto. DST became  
            a local option, and was continued in a few states, such as  
            Massachusetts and Rhode Island, and in some cities, such as  
            New York, Philadelphia, and Chicago.

            During World War II, President Franklin Roosevelt instituted  
            year-round DST, called "War Time," from February 9, 1942, to  
            September 30, 1945. From 1945 to 1966, there was no federal  
            law regarding DST, so states and localities were free to  
            choose whether or not to observe DST and could choose when it  
            began and ended. This understandably caused confusion,  
            especially for the broadcasting industry, as well as for  
            railways, airlines, and bus companies. Because of the  
            different local customs and laws, radio and TV stations and  
            the transportation companies had to publish new schedules  
            every time a state or town began or ended DST.

            In the early 1960s, observance of DST was quite inconsistent,  
            with a hodgepodge of time observances, and no agreement about  
            when to change clocks. The Interstate Commerce Commission, the  
            nation's timekeeper, was immobilized, and the matter remained   
                       deadlocked. Many business interests were supportive  
            of standardization, although it became a bitter fight between  
            the indoor and outdoor theater industries. The farmers,  
            however, were opposed to such uniformity. State and local  
            governments were a mixed bag, depending on local conditions.

          3)The Uniform Act (Federal Law): By 1966, some 100 million  
            Americans were observing DST based on their local laws and  
            customs. Congress decided to step in and end the confusion,  
            and to establish one pattern across the country. The Uniform  
            Time Act of 1966 (15 U.S. Code Section 260a), signed into law  
            on April 12, 1966, by President Lyndon Johnson, created DST to  











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            begin on the last Sunday of April and to end on the last  
            Sunday of October. Any State that wanted to be exempt from DST  
            could do so by passing a state law - only Arizona and Hawaii  
            have done so. The Federal Law does not, however, give states  
            the option to remain on DST year round. The Uniform Time Act  
            of 1966 established a system of uniform (within each time  
            zone) DST throughout the U.S. and its possessions, exempting  
            only those states in which the legislatures voted to keep the  
            entire state on standard time. 

            In 1972, Congress revised the law to provide that, if a state  
            was in two or more time zones, the state could exempt the part  
            of the state that was in one time zone while providing that  
            the             part of the state in a different time zone  
            would observe DST. The Federal law was amended in 1986 to  
            begin DST on the first Sunday in April.

            Under legislation enacted in 1986, DST in the U.S. began at  
            2:00 a.m. on the first Sunday of April and ended at 2:00 a.m.  
            on the last Sunday of October.

            The Energy Policy Act of 2005 extended DST in the U.S.  
            beginning in 2007, though Congress retained the right to  
            revert to the 1986 law should the change prove unpopular or if  
            energy savings were not significant. Going from 2007 forward,  
            DST in the U.S. begins at 2:00 a.m. on the second Sunday of  
            March and ends at 2:00 a.m. on the first Sunday of November.

          4)The Daylight Saving Time Act: California voters passed  
            Proposition 12 in 1949, approving DST in the state, and that  
            the standard time within the state is that which is known,  
            described, and designated by federal law as United States  
            Standard Pacific Time. The act also requires, from 1 a.m. on  
            the last Sunday of April, until 2 a.m. on the last Sunday of  
            October, the standard time within the state to be one hour in  
            advance of United States Standard Pacific Time, which is  
            consistent with the federal law enacted in 1966 and 1986.  
            However, as stated above, the Energy Policy Act of 2005  
            extended DST in the U.S. beginning in 2007. Since then,  











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            California has begun DST at 2:00 a.m. on the second Sunday of  
            March and ended at 2:00 a.m. on the first Sunday of November.  
            Should Congress act and enact legislation that would allow a  
            state to adopt DST year round, the change would have to be  
            approved by California voters.

          5)Potential Energy Savings Nationally: In 2008, the U.S.  
            Department of Energy issued a report to Congress regarding the  
            impact of extended DST on national energy consumption.  
            According the report, key findings include: 

             a)   Total energy savings was about 0.5% savings each day or  
               0.03% savings each year. In reference, the total 2007 U.S.  
               electricity consumption in the United States was 3,900 TWh.  



             b)   Electricity savings translated to a reduction of roughly  
               0.02% of total U.S. energy consumption during 2007. 


             c)   Changes in traffic volume and motor gasoline consumption  
               for passenger vehicles in 2007 were statistically  
               insignificant and, therefore, could not be attributed to  
               extended daylight saving time. 




          6)Potential California Energy Savings: According to a study  
            published by the California Energy Commission (CEC):<1>


               "?if people do maintain their daily schedules then spring  
               -------------------------
           <1>http://www.energy.ca.gov/2007publications/CEC-200-2007-004/CEC 
          -200-2007-004.PDF  













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               and fall Daylight Savings Time extension would probably  
               cause a 2 to 5% drop in the evening peak load. Meanwhile,  
               morning electricity use would grow some, but probably not  
               enough to offset evening savings. The net effect is small  
               and uncertain: a best guess of total net energy savings on  
               the order of  of one percent, but savings could just as  
               well be zero. Moreover, our statistical analysis leaves us  
               with one change in four there could be a very small  
               increase in electricity use."

          7)Potential economic disruptions: It is unclear whether changing  
            DST would save more than it costs. For example, if a business  
            has already adapted to California's daylight savings time  
            schedule, would a change in current practice cause an expense  
            to re-program devices that are automatically set to adjust to  
            Daylight Savings Time (computers, clocks, automated  
            machinery).

          8)Suggested amendments: In the body of the resolution a number  
            of statements are made that are discussed below:

            Page 1, line 5: WHEREAS, It is the responsibility of the state  
            to employ any and all means of energy reduction that will  
            reduce reliance and pressure on energy infrastructure in the  
            state; and


             The author may wish to consider striking this statement as  
            there it no current law that requires the state to employ any  
            and all means to reduce energy use.


             Page 2, line 1: WHEREAS, A report by the State Energy  
            Resources line 2 Conservation and Development Commission,  
            issued in May 2001, line 3 and titled "Effects of Daylight  
            Saving Time on California line 4 Electricity Use," indicates  
            that winter daylight saving time, as that line 5 term is  
            defined in the report, would likely reduce electricity use  
            line 6 by 3,400 megawatt hours per day and that summer double  











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            daylight line 7 saving time, as that term is defined in the  
            report, would likely line 8 reduce electricity use by 1,500  
            megawatt hours per day, producing line 9 a cost savings of  
            $300,000,000 to $1,025,000,000 per year for line 10 California  
            ratepayers; and





             The author may wish to consider striking this statement as  
            there is a more recent CEC study that offers a different  
            conclusion.

             Page 2, line 23: WHEREAS, Scientists have connected a number  
            of health line 24 consequences with the act of switching  
            between standard time and line 25 daylight saving time,  
            including greater risks of heart attacks, more line 26  
            frequent traffic accidents and workplace injuries, and  
            increased line 27 suicide rates in the days immediately after  
            the switch; and





             The author may wish to consider an amendment to cite the  
            sources of these studies.

             Page 2, line 28: WHEREAS, The citizens of California are being  
            asked to make major changes in their personal and professional  
            lives to conserve energy and would be grateful to receive the  
            benefits of year-round daylight saving time in return; and


             The author may wish to consider striking this statement as it  
            does not cite a source of the requests to make major changes  
            in their personal and professional lives to conserve energy.
           











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          9)Suggested amendments:

            WHEREAS, The State of California is committed to attaining 50  
            percent of its energy generation from renewable sources and to  
            the reduction of greenhouse gas emissions to 40 percent below  
            its 1990 level by 2030; and
             WHEREAS, It is the responsibility of the state to employ any  
            and all means of energy reduction that will reduce reliance  
            and pressure on energy infrastructure in the state; and
             WHEREAS, Daylight saving time was a widely used 20th century  
            energy reduction tool that can be expanded to meet 21st  
            century energy shortages; and
             WHEREAS, A report by the State Energy Resources Conservation  
            and Development Commission, issued in May 2001, and titled  
            "Effects of Daylight Saving Time on California Electricity  
            Use," indicates that winter daylight saving time, as that term  
            is defined in the report, would likely reduce electricity use  
            by 3,400 megawatt hours per day and that summer double  
            daylight saving time, as that term is defined in the report,  
            would likely reduce electricity use by 1,500 megawatt hours  
            per day, producing a cost savings of $300,000,000 to  
            $1,025,000,000 per year for California ratepayers; and
             WHEREAS, A 2004 study from Rutgers University titled "The  
            Effects of Daylight and Daylight Saving Time on United States  
            Pedestrian Fatalities and Motor Vehicle Occupant Fatalities"  
            found that year-round daylight saving time would reduce  
            pedestrian fatalities by 171 or 13 percent of all pedestrian  
            fatalities per year in the 5 to 10 a.m. and 4 to 9 p.m. time  
            periods and reduce motor vehicle occupants fatalities by 195  
            or 3 percent per year in the same time period; and
            WHEREAS, A 2015 study in The Review of Economics and  
            Statistics titled "Under the Cover of Darkness: How Ambient  
            Light Influences Criminal Activity" estimated a 7 percent  
            decrease in robberies following the shift to daylight saving  
            time; and
            WHEREAS, Scientists have connected a number of health  
            consequences with the act of switching between standard time  
            and daylight saving time, including greater risks of heart  
            attacks  (New England Journal of Medicine, 2008),  more frequent  











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            traffic accidents  (New England Journal of Medicine, 1996)  and  
            workplace injuries  (Journal of Applied Psychology, 2009)  , and  
            increased suicide rates in the days immediately after the  
            switch  (Sleep and Biological Rhythms, 2008)  ; and
             WHEREAS, The citizens of California are being asked to make  
            major changes in their personal and professional lives to  
            conserve energy and would be grateful to receive the benefits  
            of year-round daylight saving time in return; and
             WHEREAS, Although neither standard time nor daylight saving  
            time produces much energy reduction for the coldest states  
            during the more frigid months of the year, California enjoys a  
            temperate climate that would afford greater reductions in  
            energy use by utilizing a year-round daylight saving time  
            plan; and
            WHEREAS, The federal Uniform Time Act of 1966 allows states to  
            decline application of daylight saving time and provides  
            states with the option of practicing standard time year round,  
            but does not allow states to practice daylight saving time  
            year round; and
            WHEREAS, By applying daylight saving time uniformly, the state  
            could avoid any inconsistencies in time application that would  
            otherwise impact and confuse the broadcasting, rail, airline,  
            and motor coach industries; and
            WHEREAS, In House of Representatives Report No. 99-185 from  
            the Committee on Energy and Commerce, numerous benefits are  
            listed in support of the extension of daylight saving time,  
            including significant energy conservation, improved traffic  
            safety, reduction in crime, economic growth, and overwhelming  
            public support; and
            WHEREAS, The state would greatly benefit from having the  
            option of extending daylight saving time year round; now,  
            therefore, be it
            Resolved by the Assembly and the Senate of the State of  
            California, jointly, That the Legislature of the State of  
            California respectfully memorializes the United States  
            Congress and the President of the United States to enact  
            legislation that would allow a state to adopt daylight saving  
            time year round; and be it further
            Resolved, That the Chief Clerk of the Assembly transmit copies  











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            of this resolution to the President and Vice President of the  
            United States, to the Speaker of the House of Representatives,  
            and to each Senator and Representative from California in the  
            Congress of the United States.

          10)   Prior/Related legislation: 

          AB 2496 (Chu) 2016: Declares the intent of the Legislature to  
          enact legislation to establish United States Standard Pacific  
          Time as the standard time within the state during the entire  
          year. Pending referral at the Assembly Desk.

          AJR 56 (Longville), Resolution Chapter 127, Statutes of 2000.  
          Memorializes the President and the Congress to enact legislation  
          to allow states the opportunity to choose year-round daylight  
          saving time, in addition to standard time or the current system  
          of "traditional" daylight saving time.  

          REGISTERED SUPPORT / OPPOSITION:




          Support




          None on file. 




          Opposition




          None on file. 











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          Analysis Prepared by:Darion Johnston / U. & C. / (916) 319-2083