BILL ANALYSIS
AB 2176
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Date of Hearing: April 13, 2010
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Pedro Nava, Chair
AB 2176 (Blumenfield) - As Amended: April 5, 2010
SUBJECT : Hazardous waste: lighting products.
SUMMARY : Enacts the California Lighting Toxics Reduction and
Jobs in Recycling Act (Act), which establishes a producer
responsibility program for mercury-containing lamps and a fee
program for inefficient lamps. Specifically, this bill :
1)Enacts the Act and establishes legislative intent to require
the recycling of all unwanted mercury-containing lamps by
January 1, 2020.
2)Defines terms for the purposes of the Act , including:
a) "Class 1 lamp" as a lamp containing mercury;
b) "Class 2 lamp" as a lamp that produces fewer than 45
lumens per watt; and,
c) "Mercury burden" as the amount of mercury contained in a
covered lamp, plus the average amount of mercury that is
expected to be released into the environment by electrical
generation necessary in the use of a covered lamp,
including a class 2 lamp, during the course of its useful
life.
3)Establishes a product stewardship program for class 1 lamps.
a) Requires, on or before September 30, 2011, a producer of
a class 1 lamp, either individually or jointly with other
producers, to submit a product stewardship program plan
(plan) to the Department of Toxic Substances Control
(DTSC).
b) Requires the person submitting the plan to consult with
specified stakeholders.
c) Requires the plan to include information such as
descriptions of the participants of the plan; a collection
system; educational and outreach efforts; a financing
system; plans to reduce or eliminate the environmental
impacts of covered lamps; plans to recycle all class 1
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lamps that are sold on and after January 1, 2020; and, a
processing and disposal system (for which no federal or
state prison labor can be used).
d) Sets plan approval timelines and requirements.
e) Requires, on or before January 1, 2012, a producer or
designated stewardship organization to implement the plan
approved by DTSC.
f) Requires, at least once every four years, the plan
operator to update and submit the plan.
g) Requires, on or before April 1, 2013, and on or before
each April 1 annually thereafter, the plan operator to
prepare and submit to DTSC a report for the immediately
preceding reporting period describing the effectiveness of
the program.
h) Requires DTSC, based on the reports submitted, to
calculate the average mercury burden of all class 1 lamps
and the average cost associated with that recovery.
i) Requires the person that submits a plan to DTSC to enter
into an agreement with DTSC to pay DTSC for the costs
incurred by DTSC associated with the review, implementation
and enforcement of the plan.
4)Establishes a fee program for class 2 lamps .
a) Requires, on or before January 1, 2014, and on or before
January 1 annually thereafter, a producer of a class 2 lamp
to pay to the California Energy Commission (CEC) the fee
established by the CEC.
b) Requires, on or before June 30, 2012, the CEC to adopt
regulations that determine the amount of the fee. Requires
the CEC to determine the amount of the fee based on the
mercury burden of class 2 lamps sold in the state, relative
to the average mercury burden of compact fluorescent lamps
and the average cost per compact fluorescent lamp paid by
the producers of class 1 lamps for the product stewardship
program.
c) Requires the regulations to require the CEC to set the
amount of the payment at a level necessary to provide
sufficient funds to implement this program.
d) Requires the CEC to deposit all fee revenues collected
in the Energy Efficiency Research Fund.
e) Authorizes the funds in the Energy Efficiency Research
Fund to be expended by the CEC to provide grants for energy
efficiency, toxics reduction and environmental impact
mitigation programs.
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5)Reporting requirements .
a) Requires, on or before January 1, 2012, DTSC to issue
and post on its website a report concerning the status of
the collective product stewardship programs.
b) Requires, on or before October 1, 2013, and on or before
October 1 annually thereafter, DTSC to seek feedback from
stakeholders to determine the effectiveness and efficiency
of the program.
c) Requires DTSC, if it determines that the requirements of
this bill have resulted in negative impacts on the
availability or purchase of energy efficient lighting in
the state, to report this information by January 1 of each
year to the Legislature.
d) Requires DTSC to provide information on its website
including lists of producers participating in an approved
product stewardship program, producers that have paid the
fee, and producers identified by DTSC as noncompliant.
6)Prohibitions .
a) Prohibits, on and after January 1, 2012, a producer,
wholesaler, or retailer from selling or offering for sale a
class 1 lamp to a person in this state unless the producer
of that class 1 lamp is participating in a product
stewardship program under a plan approved by DTSC.
b) Prohibits, on and after January 1, 2014, a producer,
wholesaler, or retailer from selling or offering for sale a
class 2 lamp to a person in this state unless the producer
of that class 2 lamp has paid the fee required.
7)Enforcement requirements . Requires DTSC to send written
notice and issue compliance orders with a schedule for
achieving compliance for violators of the Act.
8)Authorizes DTSC, under Green Chemistry provisions, to further
regulate lamps.
9)Makes legislative findings and declarations.
EXISTING LAW :
1)Pursuant to California Code of Regulations, Title 22, Division
4.5, Chapter 23, prohibits the disposal of some common or
"universal" wastes in solid waste landfills. Universal wastes
are hazardous wastes that are generated by a wide variety of
sources that contain mercury, lead, cadmium, copper and other
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substances hazardous to human and environmental health.
2)Pursuant to Health and Safety Code 25251 et seq., requires
DTSC to adopt regulations by January 1, 2011, to identify and
prioritize chemicals of concern, to evaluate alternatives, and
to specify regulatory responses, including product stewardship
programs.
3)Pursuant to the California Lighting Efficiency and Toxics
Reduction Act (Health and Safety Code 25210.9 and Public
Resources Code 25402.5.4. et seq.):
a) 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.)
b) 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 DTSC; and the lights
are not certified as being free of levels of hazardous
substances that would prohibit their sale in California.
c) Required DTSC 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.
FISCAL EFFECT : Unknown.
COMMENTS :
Purpose of the bill : According to the author's office,
"Lighting is a significant source of environmental mercury
contamination? Although [compact fluorescent lamps] CFLs use
75% less energy than traditional incandescent bulbs, if thrown
in the trash, CFLs can expose people and the environment to
harmful mercury vapor because they contain mercury in the bulb.
Currently, 90% of CFLs are not recycled in California. One of
the principle reasons for a low recycling rate is that the
disposal and recycling opportunities for CFLs are currently
inconvenient or non-existent for most consumers? In addition to
the health and environmental impacts from mercury, incandescent
bulbs have a variety of other environmental impacts including
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contributing to global warming, heavy metal emissions,
particulate matter emissions as well as nitrogen oxide (NOx) and
sulfur oxide (SOx) emissions. All of these impacts impose
serious health and regulatory burdens on the State? It is
therefore important to encourage the movement toward energy
efficient bulbs, or CFLs, while encouraging their proper
handling at end-of-life."
Health effects of mercury exposure : Under the Safe Drinking
Water and Toxic Enforcement Act of 1986 (Proposition 65),
mercury and mercury compounds were listed in 1990 as
reproductive toxicants. According to the US EPA, mercury
exposure at high levels can harm the brain, heart, kidneys,
lungs, and immune system of people of all ages.
Universal waste: Universal wastes are hazardous wastes that are
ubiquitous and contain mercury, lead, cadmium, copper and other
substances hazardous to human and environmental health. In
general, universal waste may not be discarded in solid waste
landfills. Examples of these wastes are batteries, fluorescent
tubes, and most electronic devices. Under California's
Universal Waste Rule, households were allowed to dispose of
fluorescent lamps, batteries, mercury thermostats, and
electronic devices in the trash through February 8, 2006. While
these products are now prohibited in landfills, many consumers
dispose of them in the trash, creating an enormous cost and
resource burden on local jurisdictions. For example, the County
of Santa Clara spent $150,000 to collect and recycle 81,000
pounds of fluorescent lighting alone in fiscal year 2008/09.
Product stewardship: According to the USEPA, product
stewardship is a product-centered approach to environmental
protection. Also known as extended product responsibility
(EPR), product stewardship calls on those in the product life
cycle-manufacturers, retailers, users, and disposers-to share
responsibility for reducing the environmental impacts of
products. Product stewardship recognizes that product
manufacturers must take on new responsibilities to reduce the
environmental footprint of their products. AB 2176 takes a
product stewardship approach to managing an ubiquitous waste
that is prohibited in landfills.
Support: Supporters of the bill argue, "This bill minimizes the
mercury impacts from lighting, promotes efficient lighting,
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provides critical assistance to overburdened local governments
tasked with disposing of mercury-containing bulbs, and creates
jobs in recycling programs? Lighting is a significant source of
environmental mercury contamination for two reasons: (1)
electricity consumption from inefficient bulbs leads to
unnecessary power generation at coal fired power plants-the most
significant source of mercury contamination; and (2) some
efficient bulbs, like fluorescent lamps, cause less power-plant
related emissions but contain small amounts of mercury in the
bulb. AB 2176 addresses both sources of mercury pollution from
lighting to minimize the harmful impacts of toxins in our
environment? By requiring producers to set up and manage
recycling programs for mercury-containing bulbs, AB 2176 will
create new jobs in recycling all over California? AB 2176
requires CFL producers, rather than local governments, to
develop, fund, and manage recycling programs. This will ensure
that waste lighting products are kept out of landfills and
recycled responsibly by the private sector - and will protect
taxpayers from paying the price."
Opposition: Opponents of the bill argue, "AB 2176 would require
an expensive and unnecessary new program for the collection and
recycling of waste fluorescent lamps, which will both discourage
the use of energy efficient lighting and derail the progress
made to date in establishing a practical network of collection
locations for lamps. [Assemblymember Blumenfield's] proposal
does not build on prior work in this area, but rather represents
a step backward. Specifically, [this] bill would place
exclusive responsibility on lighting manufacturers, without any
role for utilities, retailers, recyclers, or government to
facilitate or fund a recycling infrastructure or to generate
responsible consumer behavior? The premise of [this] bill
ignores the consensus recommendations issued in 2008 by the
Department of Toxic Substances Control's Lamp Recycling Task
Force that was convened pursuant to AB 1109." Those with a
"support if amended" position argue for clarification of
specific definitions, including "distributor" and "producer."
Related legislation: Several bills purport to use a product
stewardship approach for various consumer products. These
include:
AB 283 (Chesbro). Creates the California Product Stewardship
Act of 2009, and requires regulations to be developed by July 1,
2011, to implement a program for environmentally sound product
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stewardship protocols that encourage producers to research
alternatives during the product design and packaging phases, in
order to foster cradle-to-cradle producer responsibility and
reduce the end-of-life environmental impacts of the product.
(Held in the Assembly Appropriation Committee)
AB 1343 (Huffman). Creates an architectural paint recovery
program to require manufacturers or designated stewardship
organizations to develop and submit an architectural paint
stewardship plan to reduce the generation of post consumer
paint, promote the reuse of post consumer architectural paint,
and manage the end-of-life of post consumer architectural paint,
in an environmentally sound fashion. (Held in the Senate
Appropriations Committee)
AB 2139 (Chesbro). Creates the California Product Stewardship
Act. Develops a product stewardship program to address medical
sharps, containers used to contain pesticides, personal-use
propane tanks, personal butane lighters, and single-use food
packaging. (Set for hearing in the Assembly Environmental
Safety and Toxic Materials Committee on April 13, 2010)
AB 2398 (J. Perez). Requires, by September 30, 2011, a producer
or the product stewardship organization created by one or more
producers of carpet to submit a carpet stewardship plan which
would be required to include specified elements, including
performance goals. (Set for hearing in the Assembly Natural
Resources Committee on April 12, 2010)
SB 1100 (Corbett). Creates a product stewardship program for
household batteries. (In the Senate Appropriations Committee)
Issues:
1)California's Lighting Task Force: The Lighting Efficiency and
Toxics Reduction Act, established by AB 1109 (Huffman, 2007),
directed DTSC to convene the Lighting Task Force to consider
and make recommendations on methods of collection, recycling,
education, outreach, labeling, and designations for end of use
residential fluorescent lamps. The Task Force released its
findings in September, 2008, which included a list of 13
recommendations. While some recommendations seem to be
touched upon by this bill, such as the education and outreach
program should include a wide range of methods and media,
other recommendations seem absent, such as program
implementation should be a shared responsibility among all
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parties benefiting from the sale or use of fluorescent lights.
Should the requirements of this bill better align with the
recommendations of the Task Force?
2)California's Green Chemistry Initiative: As part of the Green
Chemistry Initiative, in 2009 the Governor signed AB 1879
(Feuer) into law. AB 1879 requires DTSC to adopt regulations
by January 1, 2011, to identify and prioritize chemicals of
concern, to evaluate alternatives, and to specify regulatory
responses where chemicals of concern are found in consumer
products. One of the regulatory responses that DTSC is
authorized to take is imposing requirements for the
manufacturer to manage the product at the end of its useful
life, including recycling or responsible disposal of the
consumer product. Are the requirements of this bill
duplicative to those already granted to DTSC and should light
bulbs be managed through the existing regulatory process
instead of through a separate, newly created program?
3)Fee structure : This bill requires the CEC to determine the
amount of the fee that it must impose on class 2 (inefficient)
lamps based on the mercury burden of class 2 lamps sold in the
state, relative to the average mercury burden of compact
fluorescent lamps and the average cost per compact fluorescent
lamp paid by the producers of class 1 lamps for the product
stewardship program. It also requires the CEC to set the
amount of the fee at a level necessary to provide sufficient
funds to implement this program. It seems that the goal of
the fee is to encourage producer and consumer movement toward
less environmentally harmful lamps, but the fee structure is
unwieldy and does not take into account public health or
environmental impacts of lamps and electricity generation
beyond mercury burden. Is mercury burden alone an appropriate
measurement of public health and environmental impact? Are
the fees in this bill appropriately tied to the adverse
impacts of mercury and will they, in fact, contribute to the
mitigation of public health or environmental impacts of
lighting and electricity generation?
4)Technical corrections : While this bill attempts to create
product stewardship and fee based programs to encourage more
energy efficient light bulbs and reduce hazardous waste
generated by light bulbs throughout their lifecyle, it is a
work in progress. The author may wish to consider making the
following amendments:
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a) Conform the defintion section with existing definitions
in the Health and Safety Code; and,
b) Conform the requirements of the bill with existing
universal waste requirements; and,
c) Require that mercury collected as a part of the system
established by the bill is reclaimed and recycled, rather
than disposed of.
REGISTERED SUPPORT / OPPOSITION :
Support
Natural Resources Defense Council (Sponsor)
Breast Cancer Fund
California Association of Environmental Health Administrators
California League of Conservation Voters
Californians Against Waste
California Product Stewardship Council
California Resource Recovery Association
Central Contra Costa Solid Waste Authority
City and County of San Francisco
County of Santa Clara- Board of Supervisors
Environmental Defense Fund
Environmental Working Group
Environment California
Napa County
Planning and Conservation League
Stop Waste
Opposition
General Electric Lighting
OSRAM Sylvania, Inc.
Phillips
San Diego Gas and Electric (conveyed an opposed, support and a
support if amended position)
Support if amended
Pacific Gas and Electric
Southern California Edison
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965