Bill Text: CA AB2176 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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BILL NUMBER: AB 2176	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2010
	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.
   (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 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  reasonably
demonstrate how the program would contribute to the recycling of
 all class 1 lamps  sold by a producer   ,
including the program's fair share of orphan lamps,  on 
and after   or before  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   30, 2012  , 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   environmental  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
  February 1, 2012  , 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: yes.
State-mandated local program: 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) Low-efficiency bulbs also cause greater emissions of
greenhouse gases and other harmful air pollutants. The efficiency of
a lamp is a reasonable indicator of its total environmental impact.
 
   (g) 
    (h)  The state prohibits the disposal of lighting
products containing hazardous levels of metal in the solid waste
stream. 
   (h) 
    (i)  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) 
    (j)  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) 
    (k)  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) 
    (l)  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) 
    (m)  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) 
    (n)  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) 
    (o)  (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  residential end user of a class 1 lamp who 
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) 
    (e)  "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.  
   (f) "Orphan lamp" means a covered lamp that meets any of the
following conditions:  
   (1) The covered lamp lacks a producer's brand.  
   (2) The producer of that covered lamp is no longer in business and
has no successor in interest.  
   (3) The covered lamp bears a brand for which the department cannot
identify an owner.  
   (i) 
    (g)  "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) 
    (h)  "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) 
    (i)  "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) 
    (j)  "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) 
    (k)  "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.   provisions for the collection,
transportation, recycling, processing and final disposition of class
1 lamps, including the collection and recycling of the program's fair
share of orphan lamps, as specified in subdivision (c) of Section
25210.15.  
   (p) 
    (l)  "Reporting period" means the period commencing
January 1 and ending December 31 in the same calendar year. 
   (q) 
    (m)  "Residuals" means nonrecyclable materials left over
from processing an unwanted covered product. 
   (r) 
    (n)  "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) 
    (o)  "Stakeholder" means a person who may have an
interest in or be affected by a product stewardship program. 

   (u) 
    (p)  "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) 
    (q)  "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) 
    (r) "Wholesale sale" means a sale that is not a retail
sale, as defined in Section 6007 of the Revenue and Taxation Code.

   (x) 
    (s)  (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   of this article to require the
recycling of all unwanted class 1 lamps, including orphan 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) 
    (c)  The product stewardship plan submitted to the
department  shall include all of the following: 
 shall meet all of the following requirements: 
   (1)  Information   Include 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   Include   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) 
    (C)  How collected unwanted products will be transported
to processing facilities.
   (3) Educational   Include 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.   lamps.

   (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   Include 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   Include 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.  
   (6) Include plans for minimizing the environmental impacts of the
covered lamp throughout the product's life cycle.  
   (7) Include a list of collection sites and other collection
services to be used by the program, sorted by city and county. 

   (8) Reasonably demonstrate how the product stewardship program
will contribute toward achieving the goal of recycling all unwanted
class 1 lamps, including the collection and recycling of the program'
s fair share of orphan lamps on or before January 1, 2020.  

   (9) Comply with the regulations for managing universal waste
contained in Chapter 23 (commencing with Section 66273.1) of Division
4.5 of Title 22 of the California Code of Regulations, as
applicable. 
   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   less
 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   all  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.  
   (B) A list of collection locations for unwanted products, sorted
by city and county.  
   (C) Progress toward achieving the goal of recycling all unwanted
class 1 lamps sold by the producer or group of producers, and the
program's fair share                                            of
orphan lamps pursuant to paragraph (8) of subdivision (c) of Section
25210.15, and what actions the plan operator will take during the
next reporting period, including how it will improve effective and
measurable outreach and education efforts.  
   (3) The processing and disposal system, including both 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) 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.  
   (4) Costs associated with the recovery of unwanted product and
total and per pound costs.  
   (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. 
   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 
 January 30, 2012  , 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.  
   (1) On or before June 30, 2011, and on or before June 1 annually
thereafter, a producer of a class 2 lamp shall provide to the
commission a written report with the number and efficiency, in lumens
per watt, of each model of class 2 lamps sold in the state during
the previous calendar year.  
   (2) On or before December 1, 2011, the commission shall adopt
regulations for determining the total environmental impact of a class
2 lamp according to the relative efficiency of each type of class 2
lamp and for setting the amount of the fee based on the total
environmental impact of that type of class 2 lamp according to the
relative efficiency of that class 2 lamp. 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.  
   (3) Based on the information submitted pursuant to paragraph (1)
and pursuant to the regulations adopted pursuant to paragraph (2),
the commission shall assess the total environmental impact of each
class 2 lamp, based on its relative efficiency.  
   (4) The commission shall assess the fee upon each producer of a
class 2 based on the total sales of class 2 lamps by that producer in
the state. 
   (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.  
   (2) Research to reduce environmental 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  and the environment  .
   (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
  annually thereafter, the department shall 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  February 1, 2012  , 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

    (d)     On May 1, 2012, and on the
following January 1 and May 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.
  to fully implement Article 14 (commencing with Section
25251), including the authority of the department to include
products in a product registry that the department adopts pursuant to
that article. Notwithstanding subdivision (c) of Section 25257.1, a
covered lamp shall not be considered as a product category  
already regulated or subject to pending regulation for purposes of
Article 14 (commencing with Section 25251). 
  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.