BILL ANALYSIS �
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1850|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 1850
Author: Charles Calderon (D)
Amended: 8/21/12 in Senate
Vote: 21
SENATE ENERGY, UTIL. & COMMUNIC. COMMITTEE : 7-1, 7/3/12
AYES: Padilla, Fuller, De Le�n, DeSaulnier, Rubio,
Strickland, Wright
NOES: Corbett
NO VOTE RECORDED: Berryhill, Emmerson, Kehoe, Pavley,
Simitian
SENATE APPROPRIATIONS COMMITTEE : 7-0, 8/16/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
ASSEMBLY FLOOR : 59-6, 5/21/12 - See last page for vote
SUBJECT : Energy: appliance efficiency
SOURCE : Consumer Electronics
DIGEST : This bill provides that the battery charger
labeling requirements do not become effective and prohibits
the enforcement of those requirements if, no later than
January 31, 2013, the United States Department of Energy
(DOE) issues a decision adopting a federal labeling
requirement for battery chargers that becomes effective no
later than July 1, 2013.
CONTINUED
AB 1850
Page
2
ANALYSIS : Existing law requires the California Energy
Commission (CEC) to adopt regulatory standards for minimum
levels of operating efficiency for appliances the use of
which requires a significant amount of energy or water on a
statewide basis. The regulations cannot result in any
added total costs for consumers over the designed life of
the regulated appliances.
Existing law authorizes the CEC to prescribe other
cost-effective measures to promote use of energy and water
efficient appliances, including energy consumption labeling
not preempted by federal labeling law.
Existing regulations adopted by the CEC in January 2012 set
minimum efficiency standards for consumer battery chargers
and require a permanent label ("BC" inside a circle) on the
product nameplate or retail packaging, and instructions if
included, to indicate compliance. These state regulations
are effective February 1, 2013, for consumer chargers, and
January 1, 2014, for industrial chargers.
Current proposed federal regulations by the DOE set minimum
efficiency standards for battery chargers and require a
permanent label ("BC-III" inside a circle) on the outside
of its housing to indicate compliance. These federal
regulations would preempt state regulations although the
effective date is uncertain.
Existing law prohibits the CEC from increasing or
decreasing any minimum efficiency appliance standard for
five years after its adoption unless another cost-effective
measure for that appliance is adopted.
Existing law requires any appliance manufacturer doing
business in California to submit information to the CEC so
the CEC can study the effects of efficiency regulations on
sales of appliances and makes this manufacturer information
confidential and not a public record.
This bill provides that the battery charger labeling
requirements do not become effective and prohibits the
enforcement of those requirements if, no later than January
31, 2013, the DOE issues a decision adopting a federal
labeling requirement for battery chargers that becomes
CONTINUED
AB 1850
Page
3
effective no later than July 1, 2013.
Background
State Battery Charger Standards . In January 2012, the CEC
adopted minimum energy efficiency standards for battery
chargers commonly used to power cell phones, laptop
computers, power tools, and other devices. The new
regulations require that each charger have a permanent
label ("BC" inside a circle) on the product nameplate or
retail packaging, and instructions if included, to indicate
compliance. According to the CEC, there are an estimated
170 million chargers in California households, an average
of 11 per household, and the new regulations will reduce
the wasted electricity from inefficient chargers by 40%.
The CEC claims this will save nearly 2,200 GWh each year
(or enough energy to power nearly 350,000 homes or a city
roughly the size of Bakersfield), and once fully
implemented save California ratepayers more than $300
million annually and eliminate one million metric tons of
carbon emissions.
Consumer chargers used in cell phones, personal care
devices, and power tools will be required to comply with
the new standards by February 1, 2013. Industrial charger
compliance such as forklifts and golf carts, is required by
January 1, 2014. Compliance for small commercial chargers,
such as walkie talkies and portable barcode scanners, is
required by January 1, 2017.
Federal Charger Standards . In March 2012, the DOE issued
proposed battery charger efficiency standards and a
requirement that each charger have a permanent label on the
outside of its housing to indicate compliance. The proposed
federal label is a "BC-III" inside a circle (the sample is
a black circle with white type, although the rules do not
specify color requirements), with the Roman numeral varied
to specify the following:
BC-I: meets no established standard
BC-II: meets a standard less stringent than DOE
standard
BC-III: meets DOE standard
BC-IV: meets a standard more stringent than DOE
CONTINUED
AB 1850
Page
4
standard
DOE's projected timeline indicates final adoption of its
regulations in early 2013 at the earliest with an effective
date that could be up to two years after adoption but no
sooner than July 2013, if they are finalized in early 2013.
The presidential election and potential change in
administration could hinder adoption by early 2013.
In comments filed in the federal rulemaking, the CEC states
that the federal standards are significantly less stringent
than the California standards for several product classes
and would negatively impact the energy savings anticipated
to be derived by the California standards. The CEC is
actively urging DOE to revise its cost-effective analysis
and harmonize its classification of product classes,
compliance standards, and label requirement with those
adopted by the CEC.
Comments
According to the author's office, this bill will delay the
state battery charger labeling requirement for six months
until after a federal requirement is expected, thereby
relieving manufacturers of a burdensome and duplicative
regulation; authorize the CEC to repeal a regulation when
it is no longer needed without having to make a finding of
cost effectiveness or energy savings; require the CEC to
rely on the most current data possible and whenever
feasible rely on data no older than one year prior to
starting an efficiency standard rulemaking in order to more
closely identify real saving in energy and greenhouse gas
emissions; and provide that, for confidential or
proprietary business information that would not otherwise
be available to the CEC, the parties shall agree on the
form and substance of the submission.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee, the CEC
is likely to experience increased staff costs due to the
need to collect new information before adopting energy
efficiency standards. Such additional costs could be in
CONTINUED
AB 1850
Page
5
the tens of thousands to hundreds of thousands (General
Fund).
SUPPORT : (Verified 8/21/12)
Consumer Electronics Association (source)
AT&T
CTIA-The Wireless Association
California Retailers Association
Consumer Electronics Association
Custom Electronic Design & Installation Association
National Electrical Manufacturers Association
Power Tool Institute
Satellite Broadcasting & Communications Association
Telecommunications Industry Association
Toy Industry Association
OPPOSITION : (Verified 8/21/12)
Blue Green Alliance
Breathe California
Environment California
Natural Resources Defense Council
Pacific Gas and Electric Company
Sierra Club California
ASSEMBLY FLOOR : 59-6, 5/21/12
AYES: Achadjian, Alejo, Atkins, Beall, Bill Berryhill,
Blumenfield, Bradford, Buchanan, Charles Calderon,
Campos, Carter, Cedillo, Chesbro, Conway, Cook, Davis,
Dickinson, Donnelly, Eng, Feuer, Fuentes, Furutani, Beth
Gaines, Galgiani, Garrick, Gorell, Grove, Hagman,
Halderman, Hall, Harkey, Hayashi, Huber, Hueso, Jeffries,
Jones, Knight, Lara, Logue, Ma, Mansoor, Mendoza, Miller,
Morrell, Nestande, Nielsen, Norby, Olsen, Pan, V. Manuel
P�rez, Portantino, Silva, Smyth, Solorio, Torres,
Valadao, Wagner, Wieckowski, John A. P�rez
NOES: Brownley, Gatto, Hill, Huffman, Skinner, Yamada
NO VOTE RECORDED: Allen, Ammiano, Block, Bonilla, Butler,
Fletcher, Fong, Gordon, Roger Hern�ndez, Bonnie
Lowenthal, Mitchell, Monning, Perea, Swanson, Williams
CONTINUED
AB 1850
Page
6
RM:m 8/21/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED