BILL ANALYSIS                                                                                                                                                                                                    Ó






                                                                     AB 213


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          Date of Hearing:  March 23, 2015


                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE


                                Anthony Rendon, Chair


          AB 213  
          (Ridley-Thomas) - As Introduced February 2, 2015


          SUBJECT:  Energy efficiency:  light emitting diode (LED)  
          lighting products


          SUMMARY:  This bill prohibits the California Energy Commission  
          (CEC) from adopting a color rendering index (CRI) value greater  
          than the CRI value set forth in the United States Environmental  
          Protection Agency (US EPA) ENERGY STAR program, as of January 1,  
          2015, as a part of energy efficiency standards for lighting  
          products, unless the commission makes certain findings.     
          Specifically, this bill:  


          a)Establishes a definition for Light Emitting Diode (LED)  
            products.


          b)Prohibits the CEC from adopting a CRI value greater than the  
            CRI index established in the US EPA's ENERGY STAR Program  
            unless peer reviewed studies demonstrate all of the following:


             1)   A CRI value greater than that required by the ENERGY  
               STAR program will increase the rate of consumer adoption  
               and produce greater sales of LED lighting products.
             2)   Energy efficiency gains from consumer adoption of LED  











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               lighting products using a CRI value greater than that  
               required by the ENERGY STAR program will exceed the energy  
               efficiency gains that would result from consumer adoption  
               of LED lighting products meeting the standards set forth in  
               the ENERGY STAR program.


             3)   Consumers are willing to pay an increased purchase price  
               for LED lighting products with a CRI value greater than  
               that required by the ENERGY STAR program. 


             4)   Consumers are willing to pay higher electricity bills to  
               use lower efficiency LED lighting products with a CRI value  
               greater than that required by the ENERGY STAR program. 


          a)Specifies that the prohibition on adopting a higher CRI value  
            applies to voluntary agreements, the CEC appliance efficiency  
            standards, and the CEC building efficiency standards.


          EXISTING LAW:  


          1)Requires the CEC to continuously carry out studies, technical  
            assessments, research projects, and data collection directed  
            to reducing wasteful, inefficient, unnecessary, or uneconomic  
            uses of energy, including improved appliance efficiency.  
            (Public Resources Code 25401)

          2)Requires the CEC to adopt cost-effective energy and water  
            efficiency standards for appliances. (Public Resources Code  
            25402)

          3)Prohibits the sale of new appliances that do not meet the  
            energy and water efficiency standards adopted by the CEC.  
            (Public Resources Code 25402(c)(2))












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          FISCAL EFFECT:  Unknown


          COMMENTS:  


           1)Author's Comment.  California has long been a leader in energy  
            efficiency regulations, setting Title 20 standards for various  
            appliances years before the federal government.  The state's  
            Title 24 energy efficiency building regulations specify  
            requirements relating to lighting, insulation, windows,  
            heating, ventilation, and air conditioning (HVAC) systems, and  
            other construction details designed to reduce energy  
            consumption and lower energy bills for consumers. 



            Many peer-reviewed studies have found that cost is the  
            greatest barrier to LED adoption and mandates for higher CRI  
            lamps will further retard consumer use of the technology. The  
            average CRI 80 LED costs $10, whereas the average CRI 90 LED  
            costs $20.





            Numerous programs administered by the state and local  
            governments and electric utilities in California, and  
            elsewhere, offer consumers incentives or rebates to purchase  
            LED bulbs and lighting devices. 





            CRI 90 LEDs are as much as 42 percent less efficient than CRI  











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            80 lamps because more energy is required to maintain the same  
            light output.  The result is consumers pay more over the  
            lamp's lifetime than they would if they used a CRI 80 lamp.


              


           2)What's a CRI?   Different light bulbs emit different colors of  
            light. Lighting color ranges from cool to warm tones, and this  
            is called color temperature. Color temperature is not an  
            indicator of lamp heat. Color rendering index (CRI) is a  
            measure of how accurately an artificial light source displays  
            colors. CRI is determined by comparing the appearance of a  
            colored object under an artificial light source to its  
            appearance under incandescent light. The higher the CRI, the  
            better the artificial light source is at rendering colors  
            accurately. An incandescent bulb is the reference light source  
            and, as such, has a CRI of 100. High (above 80) CRI is  
            preferred in the home. ENERGY STAR requires that qualified  
            fixtures have lamps with CRI above 80.



           3)What is ENERGYSTAR?  ENERGY STAR is a U.S. Environmental  
            Protection Agency (EPA) voluntary program that has several  
            elements, one of which is a voluntary certification of  
            products that meet specified energy performance standards.  
            Manufacturers who voluntarily meet the requirements can offer  
            those products with an ENERGY STAR label. In order to earn the  
            label, ENERGY STAR products must be third-party certified  
            based on testing in EPA-recognized laboratories. In addition  
            to up-front testing, a percentage of all ENERGY STAR products  
            are subject to "off-the-shelf" verification testing each year.  
            The goal of this testing is to ensure that changes or  
            variations in the manufacturing process do not undermine a  
            product's qualification with ENERGY STAR requirements.













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            The EPA periodically updates the requirements for certifying  
            products for ENERGY STAR label.


           


          4)Not all LEDs are alike  . According to the ENERGY STAR  
            website,<1> "after less than a year of use, a poorly designed  
            LED product can flicker, shift in color, look dim, offer  
            uneven light, or continue to use power when turned off, among  
            other problems. They caution that bad design can lead to a  
            wide range of problems, some immediately observable and some  
            not and that some poorly designed products come with  
            exaggerated claims while failing to deliver on the quality  
            specifications.
            In 2012, the California Public Utilities Commission (PUC)  
            adopted a decision<2> that directed IOUs to only propose  
            rebates for general service screw base LED products that are  
            consistent with quality standards developed by the CEC.


           5)CEC Voluntary Standard.  In 2012 the CEC adopted a voluntary  
            LED standard requiring a CRI of 90 or above. At that time  
            Philips (a major lighting manufacturer) commented that a  
            higher CRI could lead to increased cost and worsening color  
            consistency.  They also pointed out that their market studies  
            are showing that customers prefer the product with the lower  
            (80) CRI and expressed concern that a 90 CRI requirement would  
            result in a lower customer adoption rate. Rebuttal to these  
            arguments were offered by a Professor Lorne Whitehead, who  
            also served on the Board of the International Commission on  
          ---------------------------
          <1>  https://www.energystar.gov/index.cfm?c=ssl.pr_why_es_com  


          <2>  http://docs.cpuc.ca.gov/word_pdf/FINAL_DECISION/166830.pdf  












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            Illumination (CIE), who argued that Philips was wrong in these  
            assertions and that higher CRI will lead to less color  
            distortion and save energy.





           6)CEC Proposed Mandatory Regulation.  In September 2014, the CEC  
            issued a staff proposal to establish mandatory regulations of  
            LED bulbs in three ways:  the efficiency, the CRI, and Color  
            Correlated Temperature (Color Correlated Temperature is a  
            measure of a light's "warmth"). Staff's proposal allows for  
            tradeoffs between one another, and proposed implementation is  
            in two tiers, with more stringent requirements in Tier 2. Each  
            tier is composed of a minimum compliance equation and bounding  
            conditions on how low efficiency and CRI can be. The staff  
            proposes Tier I standards to take effect January 1, 2017 and  
            Tier II standards to take effect January 1, 2019. The staff  
            proposal documents the potential energy savings, cost of  
            manufacturing, and net benefits to California customers.





            The CEC regulatory process allows stakeholders to make  
            comments on regulatory proposals and offer suggestions on  
            changes to the proposed regulations.



           7)Can you get a rebate for an LED bulb that uses more  
            electricity than a similar LED bulb?  The PUC explains that the  
            IOU rebates offered for various LED bulbs are not necessarily  
            based solely on energy consumption (wattage). The rebates may  
            be based on a variety of factors, for example, ensuring  
            rebates are available for a range of different products with  
            different CRI indices because some customers may make their  











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            product choice on something other than price. This is to help  
            ensure that customer satisfaction with the product will lead  
            to greater market adoption.
           8)Support/Opposition


             Supporters assert the ENERGY STAR rated products are not only  
            adequate but that CRI 80 is preferred by the vast majority of  
            customers, especially if the red content of a CRI 90 lamp is  
            too high. They state that a high CRI limits the ability of  
            manufacturers to innovate and develop new products that  
            increase customer preference for LED lamps with improved  
            vividness. This will further slow the adoption rate in  
            California compared to other markets.

            Opponents state that this bill could limit the CEC's ability  
            to adopt forward thinking energy savings standards in the  
            future and could have a chilling effect on innovation. Other  
            opponents point out that this bill would solve a problem that  
            does not yet exist, focuses on only a single metric related to  
            lighting performance, and ties California to a 2015 ENERGY  
            STAR standard, even though ENERGY STAR rating requirements are  
            updated every two years.


           9)Double Referred.  This bill is double referred to the Assembly  
            Committee on Natural Resources.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          American Federation of State, County and Municipal Employees  
          (AFSCME)











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          General Electric


          Osram Sylvania


          Philips Lighting




          Opposition


          Natural Resources Defense Council (NRDC)


          Pacific Gas and Electric (PG&E)


          Sierra Club California




          Analysis Prepared by:Sue Kateley / U. & C. / (916) 319-2083






















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