California Assembly Bill AB1173 Amended / Bill

 BILL NUMBER: AB 1173AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 5, 2009 INTRODUCED BY Assembly Member Huffman  (   Coauthors:   Assembly Members   Portantino   and Torlakson   )   (   Coauthor:   Senator   DeSaulnier   )  FEBRUARY 27, 2009 An act to add Chapter 7.3 (commencing with Section 42420) to Part 3 of Division 30 of the Public Resources Code, relating to recycling. LEGISLATIVE COUNSEL'S DIGEST AB 1173, as amended, Huffman. Recycling: compact fluorescent lamps. The existing California Lighting Efficiency and Toxics Reduction Act prohibits, on and after January 1, 2010, except for certain specified circumstances, a person from manufacturing, selling, or offering for sale in the state specified general purpose lights that contain levels of hazardous substances prohibited by the European Union pursuant to the RoHS Directive, as specified. This bill would prohibit the distribution of moneys from energy efficiency investment funds or any other funds generated from usage-based charges on electricity distribution that are provided by California's retail sellers of electricity to any entity for  the purchase and distribution of  compact fluorescent lamps, unless the compact fluorescent lamps meet certain specifications, and the manufacturer or distributor of the compact fluorescent lamps has implemented a recycling program or has agreed to pay an  unspecified  amount  at a level necessary to provide sufficient funds for the requirements of the program  for every lamp for which funding is received into  a compact fluorescent lamp recycling fund  the Fluorescent Lamp Recycling Fund  . The bill would prohibit the distribution of moneys from energy efficiency investment funds or any other funds generated from usage-based charges on electricity distribution that are provided by California's retail sellers of electricity to a retailer, unless the retailer has agreed to provide the public an in-store collection opportunity for the recycling of compact fluorescent lamps.  This bill would establish the Fluorescent Lamp Recycling Fund in the State Treasury. The bill would require the money to be used to make payments to retailer-based collectors, local governments, and other approved collectors of fluorescent lamps generated by households in the state. The Department of Toxic Substances Control would be required to administer the fund.  Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. This act shall be known, and may be cited, as the California Fluorescent Lamp Toxics Reduction and Recycling Act. SEC. 2. (a) The Legislature finds and declares all of the following: (1) California policy, including the California Lighting Efficiency and Toxics Reduction Act (Chapter 534 of the Statutes of 2007), has put California on a path of transition from incandescent lamps to more energy-efficient lighting, including substantially increased utilization of fluorescent lighting. (2) Many existing lighting choices contain toxic materials. Most fluorescent lighting products contain mercury. Most incandescent lighting products contain lead. California prohibits disposing of lighting products containing hazardous levels of metal in the solid waste stream. The hazardous material in waste lighting products can be reduced and managed through recycling, but recycling opportunities are currently inconvenient or nonexistent for most consumers. (3) Fluorescent lighting products delivering the same level of light at the same level of efficiency can have varying levels of mercury. The Department of General Services has adopted a procurement preference favoring low-mercury fluorescent lamps. (4) In 2007, the Legislature enacted the California Lighting Efficiency and Toxics Reduction Act (Chapter 534 of the Statutes of 2007), which directed the Department of Toxic Substances Control (DTSC) to convene a lighting task force to consider and make policy recommendations to the Legislature for designing a statewide collection program for end-of-life fluorescent lights. On September 1, 2008, the task force submitted recommendations to the Legislature on the need and options for a convenient statewide system for the collection and recycling of fluorescent lamps for residential generators. (b) It is the intent of the Legislature to have an established system for the recycling of residential generated fluorescent lamps that is free and convenient for end users. SEC. 3. Chapter 7.3 (commencing with Section 42420) is added to Part 3 of Division 30 of the Public Resources Code, to read: CHAPTER 7.3. FLUORESCENT LAMPS 42420. (a) Moneys from energy efficiency investment funds or any other funds generated from usage-based charges on electricity distribution that are provided by California's retail sellers of electricity shall not be distributed to any entity for  the purchase and distribution of compact fluorescent lamps, unless all of the following conditions exist:  (1) All compact fluorescent lamps purchased are ENERGY STAR version 4.0 qualified, or the most recent version listed on the ENERGY STAR Internet Web site, including, but not limited to, a maximum allowable mercury content and a rated lifetime requirement for compact fluorescent lamps.   (1) All compact fluorescent lamps purchased are qualified as the most recent ENERGY STAR version listed on the ENERGY STAR Internet Web site.  (2) The manufacturer or distributor of the compact fluorescent lamps has done either of the following: (A) Implemented a comprehensive recycling program for compact fluorescent lamps  approved by the Department of Toxic Substances Control  .  (B) Agreed to pay ____ cents ($____) for every lamp for which funding is received into a compact fluorescent lamp recycling fund.   (B) Agreed to pay an amount established pursuant to Section 42421, for each compact fluorescent lamp for which funding is received into the Fluorescent Lamp Recycling Fund established pursuant to Section 42421.  (b) Moneys from energy efficiency investment funds or any other funds generated from usage-based charges on electricity distribution that are provided by California's retail sellers of electricity shall not be distributed to a retailer, unless the retailer  for a compact fluorescent light program  has agreed to provide the public with a convenient in-store collection opportunity for the recycling of compact fluorescent lamps.  42421. (a) Any payments collected pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 42420 shall be deposited into the Fluorescent Lamp Recycling Fund, which is hereby created in the State Treasury. (b) The fund and this section shall be administered by the Department of Toxic Substances Control. (c) Moneys in the fund shall be used to make payments to retailer-based collectors, local governments, and other approved collectors of fluorescent lamps generated by households in this state. (d) The amount of payments established pursuant to this section shall be at a level sufficient to cover the average cost of collecting and properly recycling residentially generated fluorescent lamps and to encourage public, private, and nonprofit entities to establish convenient locations for that collection. (e) The amount of the payments established pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 42420 shall be at a level necessary to provide sufficient funds for the requirements of this section.