Bill Text: CA AB2176 | 2009-2010 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Hazardous waste: lighting products.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-05-28 - In committee: Set, second hearing. Held under submission. [AB2176 Detail]
Download: California-2009-AB2176-Amended.html
Bill Title: Hazardous waste: lighting products.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-05-28 - In committee: Set, second hearing. Held under submission. [AB2176 Detail]
Download: California-2009-AB2176-Amended.html
BILL NUMBER: AB 2176 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 5, 2010
INTRODUCED BY Assembly Member Blumenfield
FEBRUARY 18, 2010
An act to add Article 10.03 (commencing with Section 25210.13) to
Chapter 6.5 of Division 20 of the Health and Safety Code, relating to
hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 2176, as amended, Blumenfield. Hazardous waste: lighting
products.
Existing
(1) Existing law, the California
Lighting Efficiency and Toxics Reduction Act, administered by the
Department of Toxic Substances Control, prohibits a person from
manufacturing for sale or selling in the state specified general
purpose lights that contain levels of hazardous substances prohibited
by the European Union pursuant to the RoHS Directive. A
violation of the hazardous waste control law is a crime.
This bill would declare the intent of the Legislature to enact
subsequent legislation to provide for the California Lighting Toxics
Reduction and Recycling Act.
This bill would enact the California Lighting Toxics Reduction and
Jobs Act and would define terms, including defining a "class 1 lamp"
as a lamp containing mercury and a "class 2 lamp" as a lamp that
produces less than a specified amount of light per watt.
The bill would require the producer of a class 1 lamp, by
September 30, 2011, to submit a product stewardship plan with regard
to the collection of class 1 lamps to the department, either
individually or jointly with other producers, or by entering into an
agreement with a stewardship organization. The bill would require the
plan to require the recycling of all class 1 lamps sold by a
producer on and after January 1, 2020. The department would be
required to approve the plan pursuant to a specified procedure and
the producer would be required to implement the approved plan by
January 1, 2012. The bill would provide for the updating of the plan
and would require the plan operator, by April 1, 2013, and on or
before each April 1 annually thereafter, to prepare and submit to the
department a report for the immediately preceding reporting period.
The bill would require an entity submitting a plan to enter into
an agreement with the department to pay the costs incurred by the
department associated with the review and enforcement of the plan.
The bill would require the funds to be deposited in the Lighting
Product Stewardship Subaccount, which the bill would establish in the
Hazardous Waste Control Account, and would authorize the department
to expend the funds in the Lighting Product Stewardship Subaccount,
upon appropriation by the Legislature, for those costs.
The bill would require the producer of a class 2 lamp, by January
1, 2014, and on or before January 1 annually thereafter, to pay to
the commission a fee in an amount established by the commission
pursuant to a specified procedure. The commission would be required
to deposit the fee revenues in the Energy Efficiency Research Fund,
which the bill would create in the State Treasury, and the commission
would be authorized to expend the funds in the Energy Efficiency
Research Fund, upon appropriation by the Legislature, for specified
research and projects relating to improving class 2 lamps' lighting
efficiency and reducing toxic impacts from lighting technologies used
by class 2 lamps.
The bill would prohibit a producer, wholesaler, or retailer from
selling or offering for sale a class 1 lamp or class 2 lamp to a
person in this state on and after January 1, 2012, unless, with
regard to the class 1 lamp, the producer is participating in a
product stewardship program, or, on or after January 1, 2014, with
regard to a class 2 lamp, unless the producer has paid the required
fee. The bill would also specify procedures for the enforcement of
the act. Since a violation of the hazardous waste control laws is a
crime, the bill would impose a state-mandated local program by
creating a new crime.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The state's policy, including the California Lighting
Efficiency and Toxics Reduction Act, which added Article 10.02
(commencing with Section 25210.9) to Chapter 6.5 of Division 20 of
the Health and Safety Code, has put the state on a path of transition
to more energy-efficient lighting, including substantially increased
utilization of fluorescent lighting.
(b) Lighting products introduce hazardous waste into the
environment by containing hazardous substances, such as mercury, in
the lighting product itself, and by the release of hazardous
substances from the production of energy, which the lighting product
utilizes.
(c) Electricity generation, particularly from coal, releases
mercury into the atmosphere, which contaminates waterways and fish,
causing a public health risk.
(d) The less efficient a lamp is, the more hazardous waste,
including mercury, is released into the atmosphere from the
electricity generation associated with its use.
(e) High-efficiency bulbs, such as compact fluorescent lamps,
contain mercury within the product but because these bulbs use less
energy, they are responsible for smaller hazardous emissions from
energy production.
(f) Low-efficiency bulbs, such as incandescent bulbs, contain no
mercury but are responsible for greater hazardous substance emissions
from energy production.
(g) The state prohibits the disposal of lighting products
containing hazardous levels of metal in the solid waste stream.
(h) The hazardous waste generated by waste lighting products can
be reduced and managed through recycling, but recycling opportunities
are currently inconvenient or nonexistent for most consumers.
(i) Even though some types of fluorescent lighting products
deliver the same level of light at the same level of efficiency as
other types of these products, they may have varying levels of
mercury. The Department of General Services has adopted a procurement
preference favoring low-mercury fluorescent lamps.
(j) In 2007, the Legislature enacted the California Lighting
Efficiency and Toxics Reduction Act which directed the Department of
Toxic Substances Control 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 lamps.
(k) 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.
(l) The purpose of this act is to establish a system for the
recycling of fluorescent lamps generated by households and small
businesses that is free and convenient for end users and to promote
the rapid development and uptake of more efficient and low-toxicity
lighting products to minimize the public health impacts from
lighting.
(m) The responsibility for the end-of-life management of products
and materials rests primarily with the producers who designed and
profited from the product, thereby incorporating life cycle costs
into the total product costs to reduce the impact on the taxpayers
and ratepayers of the state and reduce the impact on human health and
the environment.
(n) (1) The imposition of the fee pursuant to Section 25210.20 of
the Health and Safety Code would not result in the imposition of a
tax within the meaning of Article XIII A of the California
Constitution because the amount and nature of the fee have a fair and
reasonable relationship to the environmental, public health, and
societal burdens imposed by the use of inefficient lamps and there is
a sufficient nexus between the fees imposed and the use of those
fees to support programs.
(2) There is a clear nexus between the type and the amount of the
fees imposed pursuant to this act and the environmental, public
health, and societal costs resulting from inefficient lamps.
(3) It is the intent of the Legislature that the fees imposed
pursuant to Section 25210.20 of the Health and Safety Code be
consistent with the California Supreme Court's decision in Sinclair
Paint. Co. v. State Bd. of Equalization (1997) 15 Cal.4th 866.
SEC. 2. Article 10.03 (commencing with Section
25210.13) is added to Chapter 6.5 of Division 20 of the
Health and Safety Code , to read:
Article 10.03. California Lighting Toxics Reduction and Jobs
in Recycling Act
25210.13. For the purposes of this article, the following terms
have the following meanings:
(a) "Brand" means a name, symbol, word, or mark that identifies a
product, rather than its components, and attributes the product to
the owner of the brand as the producer.
(b) "Commission" means the State Energy Resources Conservation and
Development Commission.
(c) "Covered entity" means the end user of a class 1 lamp,
including, but not limited to, a resident or a small business, that
delivers not more than 15 class 1 lamps to a collection site or
service operating pursuant to an approved product stewardship program
for class 1 lamps.
(d) "Covered lamp" means all lamps defined under "class 1 lamps"
and "class 2 lamps," either individually or as an item within a
covered lamp category, including all materials that make up the
covered product.
(1) "Class 1 lamp" means a lamp containing mercury.
(2) "Class 2 lamp" means a lamp that produces fewer than 45 lumens
per watt.
(3) A lamp that is both a class 1 lamp and a class 2 lamp shall be
subject to all of the requirements that apply to those lamps.
(e) "Final disposition" means the point beyond which no further
processing takes place and materials from a class 1 lamp have been
transformed for direct use as a feedstock in producing new products
or disposed of or managed in permitted facilities.
(f) "Hazardous substance" means a substance that, when discarded,
is required to be managed as a hazardous waste pursuant to this
article.
(g) "Lamp" has the same meaning as "general purpose lights," as
defined in Section 25210.10.
(h) "Mercury burden" means 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.
(i) "Plan operator" means a producer who either individually or
jointly with other producers, implement the product stewardship
program plan approved by the department pursuant to Section 25210.16,
or, if the producer enters into an agreement with a product
stewardship organization to submit the plan, on the producer's
behalf, the product stewardship program that implements the plan
approved by the department pursuant to Section 25210.16.
(j) "Processing" means recovering material from unwanted products
for use as feedstock in new products.
(k) "Producer" shall be determined, with regard to a covered lamp,
as one of the following:
(1) The person who manufactures the covered lamp and who sells,
offers for sale, or distributes the product in the state under the
manufacturer's own brand.
(2) If there is no person who sells, offers for sale, or
distributes the covered lamp in the state under the person's own name
or brand, the producer of the covered lamp is the owner or licensee
of a trademark under which a product is sold or distributed in state,
whether or not the trademark is registered.
(3) If there is no person who is a producer of the covered lamp
for purposes of paragraph (1) or (2), the producer of the covered
lamp is the person who imports the covered lamp into the state for
sale or distribution.
(l) "Product stewardship" means the requirement imposed pursuant
to this article upon a producer of a class 1 lamp to manage and
reduce adverse safety, health, and environmental impacts of the class
1 lamp throughout the life cycle of the covered lamp, including
financing and providing for the collection, transporting, reusing,
recycling, processing, and final disposition of the class 1 lamp.
(m) "Product stewardship plan" or "plan" means the detailed plan
prepared pursuant to Section 25210.15 describing the manner in which
a product stewardship program will be implemented.
(n) "Product stewardship program" or "program" means a program
established pursuant to this article pursuant to a product
stewardship plan that is financed and managed or provided by the
producer of a class 1 lamp and that includes both of the following
elements:
(1) Product design for source reduction and reuse.
(2) Provisions for the collection, transportation, recycling, and
disposal of unwanted products.
(o) "Recycling" means transforming or remanufacturing unwanted
products into usable or marketable materials for use other than
landfill disposal or incineration. Recycling does not include energy
recovery or energy generation by means of combusting unwanted
products with or without other waste.
(p) "Reporting period" means the period commencing January 1 and
ending December 31 in the same calendar year.
(q) "Residuals" means nonrecyclable materials left over from
processing an unwanted covered product.
(r) "Retailer" means a person who offers covered lamps for retail
sale, as defined in Section 6007 of the Revenue and Taxation Code,
through any means including, but not limited to, remote offerings
such as sales outlets, catalogs, or the Internet, but does not
include a sale that is a wholesale transaction between a distributor
and a retailer.
(s) "Reuse" means a change in ownership of a covered lamp or its
components, parts, packaging, or shipping materials for use in the
same manner and purpose for which it was originally purchased, for
use again, as in shipping materials, by the generator of the shipping
materials. "Reuse" does not include dismantling of a covered lamp
for the purpose of recycling.
(t) "Stakeholder" means a person who may have an interest in or be
affected by a product stewardship program.
(u) "Stewardship organization" is an entity appointed by a
producer to act as an agent on behalf of the producer to administer a
product stewardship program.
(v) "Unwanted product" means a covered lamp that is no longer
wanted, has been abandoned or discarded, or is intended to be
discarded by its owner.
(w) "Wholesale sale" means a sale that is not a retail sale, as
defined in Section 6007 of the Revenue and Taxation Code.
(x) (1) "Wholesaler" means a person who engages in the sale of
covered lamps for resale, in a sale that is a wholesale sale.
(2) If a person is a producer of a covered lamp and also a
wholesaler, the person shall comply with the provisions of this
article that apply to producers.
25210.14. (a) This article shall be known, and may be cited, as
the California Lighting Toxics Reduction and Jobs in Recycling Act.
(b) The Legislature hereby finds and declares that it is the
intent of this article to require the recycling of all unwanted class
1 lamps by January 1, 2020, through expanded public education and
the development of a comprehensive, safe, and convenient collection
system that includes use of residential curbside collection programs,
mail-back containers, increased support for household hazardous
waste facilities, and a network of additional collection locations.
25210.15. (a) On or before September 30, 2011, a producer of a
class 1 lamp shall submit a product stewardship program plan to the
department in accordance with this section.
(b) A producer shall either individually or jointly with other
producers, submit a product stewardship program plan pursuant to this
section or may enter into an agreement with a stewardship
organization to submit, on the producer's behalf, a product
stewardship program pursuant to this section.
(c) (1) A producer, a group of producers, or a stewardship
organization shall, at least 60 days before submitting a product
stewardship plan to the department, consult with stakeholders,
including, but not limited to, local governments, utilities,
recyclers, haulers, retailers, environmental groups, general public,
and others during the development of the plan, solicit stakeholder
comments, and attempt to address any stakeholder concerns regarding
the plan prior to submittal.
(2) The producer, a group of producers, or a stewardship
organization shall provide documentation that demonstrates compliance
with paragraph (1) when submitting the plan to the department.
(d) The product stewardship plan submitted to the department shall
include all of the following:
(1) Information, including full contact information, regarding all
of the following:
(A) The organization submitting the plan.
(B) A list of all participating producers and their brands
including a trademark, if applicable.
(C) If the program is to be operated by a stewardship
organization, a description of management, administration, and tasks
to be performed by the stewardship organization.
(2) A collection system, including all of the following:
(A) Location of collection sites and other collection services to
be used by the program.
(B) How unwanted products from all covered entities will be
collected in all cities in the state with populations greater than
10,000 and in all counties of the state.
(C) How the collection system will be cost effective, convenient,
and adequate to serve the needs of all covered entities in both urban
and rural areas, with consideration given to curbside, mail back,
and other collection methods.
(D) How collected unwanted products will be transported to
processing facilities.
(3) Educational and outreach efforts, including, but not limited
to, all of the following:
(A) A public service announcement promoting the proper management
for class 1 lamps, which shall include providing a copy of the public
service announcement to the department and posting the public
service announcement on the stewardship organization or producer's
Internet Web site.
(B) The establishment of a public Internet Web site, which shall
include the posting of templates of all educational materials on the
Internet Web site that is in a form and format that can be easily
downloaded, and providing a link to the Internet Web site to the
department.
(C) Methods to engage other stakeholders, such as waste,
demolition, and lighting retailers and contractors, and appropriate
state agencies and local governments to secure support and
participation to encourage the proper management of class 1 lamps
throughout the state.
(D) Strategies to work with utilities participating in energy
conservation programs involving the replacement of old lighting
technologies for new class 1 lamps and to encourage their
participation in the collection and proper management of class 1
lamps. These strategies may include the inclusion of an educational
insert in customers' utility bills.
(E) Strategies to encourage support and participation by retailers
and other outlets to educate consumers on the proper management of
class 1 lamps.
(4) A processing and disposal system, which shall meet all of the
following requirements:
(A) All class 1 lamps collected by the system shall be recycled.
(B) The mercury and mercury-bearing residuals from recycling of
class 1 lamps collected by the system shall be disposed of at a
mercury repository, issued a permit pursuant to this chapter, or
managed at a hazardous waste facility operating in accordance with
this chapter.
(C) The plan shall include the locations, permit status, and
record of any penalties, violations, or regulatory orders received in
the previous five years by processing and disposal facilities
proposed to be used by the program, including all downstream
processing and disposal facilities handling hazardous waste generated
under the program and those involved in the final disposition of the
hazardous waste.
(D) The processing and disposal system shall collect, free of
charge, unwanted class 1 lamps from covered entities for reuse,
recycling, processing, and final disposition.
(E) The processor of the class 1 lamps subject to the plan shall
submit an annual report to the department in a format provided by the
department that includes the number and type of class 1 lamps
received.
(F) The processor of the class 1 lamps subject to the plan shall
agree to allow the department, or its designee, to inspect, audit, or
review audits of processing and disposal facilities used to fulfill
the requirements of a product stewardship program.
(G) Federal or state prison labor shall not be used for processing
class 1 lamps subject to the plan.
(5) A description of the financing system to cover the entire
product stewardship program, including how costs will be apportioned
among, and assessed upon, producers participating in the program. The
plan shall require the producer, group of producers, or stewardship
organization to pay all administrative and operational costs
associated with the program.
(6) Plans to maximize reuse or recycling of packaging or shipping
materials that may be collected.
(7) Plans for eliminating or reducing the environmental impacts of
the covered lamp throughout the product's life cycle.
(8) Plans to achieve the requirement of recycling all class 1
lamps that are sold on and after January 1, 2020, by the producer or
by the group of producers who have entered into the agreement with
the stewardship organization to submit the plan.
25210.16. (a) Within 60 days after receiving a proposed product
stewardship plan pursuant to Section 25210.15, the department shall
determine whether the plan complies with this article.
(b) If the department approves the plan, the department shall
notify the applicant of its approval.
(c) If the department rejects a plan, the department shall notify
the applicant of its decision and its reasons for rejecting the plan.
An applicant whose plan has been rejected by the department shall
submit a revised plan to the department within 60 days after
receiving notice of the rejection to maintain compliance with this
article.
(d) On or before January 1, 2012, a producer shall either
individually or jointly with other producers, implement the product
stewardship program plan approved by the department, or, if the
producer enters into an agreement with a stewardship organization to
submit the plan, on the producer's behalf, the product stewardship
program shall, on or before January 1, 2012, implement the plan
approved by the department pursuant to this section.
25210.17. (a) At least once every four years, the plan operator
shall update the product stewardship plan approved by the department
pursuant to Section 25205.16 and shall submit the updated plan to the
department for review.
(b) The department shall determine the status of an updated plan
within 60 days of its submittal. If the department rejects an updated
plan, the department shall notify the plan operator, who shall
resubmit the plan within 60 days of that notification. If the plan is
not resubmitted within that time period, the plan operator and the
producer subject to the plan shall be deemed in violation of this
article.
(c) A proposed change to a product stewardship plan shall be
submitted to the department for approval, except for the following:
(1) Additions or changes to collection locations for unwanted
products.
(2) Additions of producers to a product stewardship program.
(d) The plan operator shall inform the department of changes
specified in subdivision (c) no more than 15 days before the changes
occur.
25210.18. (a) On or before April 1, 2013, and on or before each
April 1 annually thereafter, the plan operator shall prepare and
submit to the department a report for the immediately preceding
reporting period describing all of the following:
(1) Information, including full contact information, regarding all
of the following:
(A) The organization submitting the report.
(B) A list of all participating producers and their brands and
trademarks, if applicable.
(2) The recovery rates of the class 1 lamps subject to the plan,
including both of the following:
(A) The amount, by weight, of unwanted class 1 lamps collected
from covered entities in each county in the state, including
documented collection and recycling or disposal of that material.
(B) Progress toward achieving the requirement of recycling 100
percent of the class 1 lamps sold by the producer or group of
producers on and after January 1, 2020, as stated in paragraph (8) of
subdivision (d) of Section 25210.15, and what actions the plan
operator will take during the next reported period to ensure
attainment of that requirement, including how it will increase and
improve effective and measurable outreach and education efforts.
(3) The collection system, including collection locations and
services provided for all cities in the state with populations
greater than 10,000 and in all counties in the state.
(4) The processing and disposal system, including all of the
following:
(A) A list of processing and disposal facilities used and
locations, the weight of unwanted products processed at each
processing facility and disposed at each disposal facility, and a
description of the methods used at each processing facility.
(B) A list of subcontractors and full contact information that
process or dispose of the unwanted products under the plan, including
the subcontractors providing for the final disposition of any
hazardous waste, and subcontractor facility locations.
(C) Final disposition of residuals.
(D) Any penalties, violations, or regulatory orders received
during the reporting period by each processing facility or disposal
facility that was used to implement the plan.
(E) Whether policies and procedures in the product stewardship
plan for collecting, transporting, processing, and final disposition
of unwanted products were followed during the reporting period, and a
description of any noncompliance.
(5) The financing system, including a description of how the
system met the requirements of the plan specified in paragraph (5) of
subdivision (d) of Section 25210.15.
(6) The education and outreach activities implemented during the
reporting period, including an analysis of the effectiveness of the
education and outreach activities.
(7) How the product stewardship program complied with any other
elements in the plan.
(8) Costs associated with the recovery of unwanted product and
total and per pound costs.
(9) Any other information that the department may require.
(b) All reports submitted to the department shall be made
available to the public on the department's Internet Web site and at
the department's headquarters.
(c) Based on the reports submitted pursuant to this section, the
department shall calculate the average mercury burden of all class 1
lamps and the average cost associated with that recovery and shall
provide that information annually to the commission.
25210.19. (a) A producer, a group of producers, or a
stewardship organization that submits a plan to the department shall
enter into an agreement with the department to pay the department for
the costs incurred by the department associated with the review of
the product stewardship plan, including the implementation and
enforcement of the plan.
(b) The department shall deposit the amounts paid pursuant to this
section into the Lighting Product Stewardship Subaccount, which is
hereby established in the Hazardous Waste Control Account and which
may be expended by the department, upon appropriation by the
Legislature, for the costs specified in subdivision (a).
25210.20. (a) On or before January 1, 2014, and on or before
January 1 annually thereafter, a producer of a class 2 lamp shall pay
to the commission the fee established by the commission pursuant to
this section.
(1) The commission shall determine the amount of the fee based on
the mercury burden of class 2 lamps sold by the producer 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 and
reported to the department, as required under this article.
(2) On or before June 30, 2012, based on the determination made
pursuant to paragraph (1), the commission shall adopt regulations
that determine the amount of the fee to be submitted to the
commission by each producer of class 2 lamps. The regulations shall
require the commission to set the amount of the payment at a level
necessary to provide sufficient funds to implement this section,
including administrative costs.
(b) The commission shall deposit all fee revenues collected
pursuant to this section in the Energy Efficiency Research Fund,
which is hereby created in the State Treasury.
(c) The funds in the Energy Efficiency Research Fund may be
expended by the commission, upon appropriation by the Legislature, to
provide grants, based on an annual competitive solicitation, for all
the following purposes:
(1) Research to improve the lighting efficiency of class 2 lamps.
(2) Research to reduce toxic impacts from lighting technologies
used by class 2 lamps.
(3) Projects to reduce, remediate, and mitigate the impact of
class 2 lamps on public health.
(d) The commission shall provide information on compliance with
this section as necessary to the department for the purpose of
enforcement of this article.
25210.21. (a) On or before January 1, 2012, the department shall
issue a report concerning the status of the collective product
stewardship programs and post the report on the department's Internet
Web site.
(b) On or before October 1, 2013, and on or before October 1
annually thereafter, the department shall do both of the following:
(1) Invite comments from local governments, communities, and
citizens to report their satisfaction with services provided by
product stewardship programs. The department shall use this
information to determine if the plan operator is meeting the plan's
requirements and in reviewing the proposed updates or changes to
product stewardship plans.
(2) Invite comments from retailers, consumer groups, electric
utilities, and other interested parties regarding the impact of this
article on the availability and purchase of energy efficient lighting
within the state. If the department determines that evidence shows
the requirements of this article have resulted in negative impacts on
the availability or purchase of energy efficient lighting in the
state, notwithstanding Section 10231.5 of the Government Code, the
department shall report this information by January 1 of each year to
the appropriate committees of the Legislature, including
recommendations for changes to this article.
25210.22. (a) Except as provided in subdivision (f), on and after
January 1, 2012, a producer, wholesaler, or retailer shall not sell
or offer 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 the department.
(b) Except as provided in subdivision (f), on and after January 1,
2014, a producer, wholesaler, or retailer shall not sell or offer
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 by Section 25250.20.
(c) The department shall provide, on its Internet Web site, lists
of all of the following:
(1) All producers of class 1 lamps participating in an approved
product stewardship program.
(2) All producers of class 2 lamps that have paid the fee imposed
pursuant to Section 25201.20.
(3) All producers identified by the department as noncompliant
with this article and the regulations adopted to implement this
article.
(d) On July 1, 2012, and on January 1 and July 1 annually
thereafter, the department shall post on its Internet Web site
producers of covered lamps that are not in compliance with this
article.
(e) A wholesaler or a retailer that distributes covered lamps
shall monitor the department's Internet Web site to determine if a
producer's lamps are in compliance with this article.
(f) (1) A person primarily engaged in the business of reuse and
resale of a used product is not subject to this article with regard
to the sale of a used working covered product, for use in the same
manner and purpose for which it was originally purchased.
(2) A covered product that is owned by a retailer on January 1,
2012, is not subject to this section and the retailer may exhaust
that existing stock through sales to the public.
25210.23. (a) The department shall send a written notification to
a retailer known to be selling a product in the state from a
producer or wholesaler who is not in compliance with this article.
(b) A retailer that removes from sale any covered lamp within 90
days of discovery that it is not in compliance with this article
shall not be in violation of this section.
25210.24. (a) If, after holding a public hearing, the department
finds that a producer has failed to make a good faith effort to
comply with this article, including, but not limited to, failing to
submit or implement a plan pursuant to Section 25210.15, the
department shall issue a compliance order with a schedule for
achieving compliance.
(b) Prior to enforcing any penalty pursuant to this article, the
department shall issue a compliance order to the producer or retailer
selling the covered lamp, allowing 30 days from the date of the
compliance order to cease sales of the covered lamps.
25210.25. This article does not limit, supersede, duplicate, or
otherwise conflict with the authority of the department under Section
25257.1 to fully implement Article 14 (commencing with Section
25251) , including the authority of the department to include
mercury-containing lamps in its mercury-containing lamps registry.
SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. The Legislature finds and declares
all of the following:
(a) The state's policy, including the California Lighting
Efficiency and Toxics Reduction Act, which added Article 10.02
(commencing with Section 25210.9) to Chapter 6.5 of Division 20 of
the Health and Safety Code, has put the state on a path of
transitioning toward more energy-efficient lighting, including
substantially increased utilization of fluorescent lighting.
(b) Lighting products introduce hazardous waste into the
environment as it may contain such hazardous substances as mercury,
in the lighting product itself, and by the release of hazardous
substances from the production of energy, which the lighting product
utilizes.
(c) High-efficiency bulbs, such as compact fluorescent lamps,
contain mercury within the product, but because these bulbs use less
energy, they are responsible for smaller hazardous emissions from
energy production.
(d) Low-efficiency bulbs, such as incandescent bulbs, contain no
mercury in the product but are responsible for greater hazardous
substance emissions from energy production.
(e) The state prohibits the disposal of lighting products
containing hazardous levels of metal in the solid waste stream.
(f) The hazardous waste generated by waste lighting products can
be reduced and managed through recycling, but recycling opportunities
are currently inconvenient or nonexistent for most consumers.
(g) Even though some types of fluorescent lighting products
deliver the same level of light at the same level of efficiency as
other types of these products, they may have varying levels of
mercury. The Department of General Services has adopted a procurement
preference favoring low-mercury fluorescent lamps.
(h) In 2007, the Legislature enacted the California Lighting
Efficiency and Toxics Reduction Act, which directed the Department of
Toxic Substances Control 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.
(i) 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.
(j) Electricity generation, particularly from coal, releases
mercury into the atmosphere, which then contaminates waterways and
fish, causing a public health risk.
(k) The more electricity required by a bulb, the greater the
level of hazardous waste, including mercury, from electricity
generation associated with its use.
(l) The purpose of this act is to establish a system for the
recycling of fluorescent lamps generated by households and small
businesses that is free and convenient for end users and to promote
the rapid development and uptake of more efficient and low-toxicity
lighting products to minimize the public health impacts from
lighting.
(m) The responsibility for the end-of-life management of products
and materials rests primarily with the producers who designed and
profited from the product, so incorporating life-cycle costs into the
total product costs will reduce the impact of these products on the
taxpayers and ratepayers of the state and reduce the impact of these
products on human health and the environment.
SEC. 2. Article 10.03 (commencing with Section
25210.13) is added to Chapter 6.5 of Division 20 of the Health and
Safety Code, to read:
Article 10.03. California Lighting Toxics Reduction and
Recycling Act
25210.13. The Legislature declares its intent to enact subsequent
legislation to provide for the California Lighting Toxics Reduction
and Recycling Act.
