Hazardous materials: fluorescent lamps: recycling.

The 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, on and after January 1, 2011, would prohibit the sale or offering for sale in this state of luminaires and lighting fixtures that are intended for general lighting purposes and contain preheat ballasts for operation of preheat linear fluorescent lamps. The California Integrated Waste Management Act of 1989, administered by the California Integrated Waste Management Board, requires reduction, recycling, and reuse of solid waste generated in the state to the maximum extent feasible in an efficient, cost-effective manner to conserve water, energy, and other natural resources. 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 manufacturer for the purchase and distribution of compact fluorescent lamps, unless the compact fluorescent lamps meet certain specifications, and the manufacturer of the compact fluorescent lamps, individually, collectively with other manufacturers, or through a stewardship organization, has implemented a residential fluorescent lamp recycling program for each residential fluorescent lamp, as defined, sold by retailers selling the manufacturer's subsidized lamps. The bill would prohibit the distribution of moneys from funds generated from usage-based charges on electricity distribution that are provided by California's retail sellers of electricity to a retailer, except moneys provided to a retailer through a manufacturer, unless the retailer has agreed to provide the public an in-store collection opportunity for the recycling of residential fluorescent lamps. The bill would prohibit manufacturers and retailers from using funds generated from usage-based charges on electricity distribution that are provided by California's retail sellers of electricity for recycling activities. The bill would require the manufacturers of residential fluorescent lamps sold in this state, individually, collectively with other manufacturers, or through a stewardship organization, to establish and maintain a residential fluorescent lamp recycling program containing specified elements within 90 days of receiving the funds generated from usage-based charges. The bill would require a manufacturer, individually, collectively with other manufacturers, or through a stewardship organization, to submit an annual report on the implementation of the residential fluorescent lamp recycling program. The bill would require the board to establish an administrative fee, not to exceed $5,000 per manufacturer and bearing a reasonable relationship to actual costs, to be paid by the manufacturers to cover the cost of reviewing and approving the annual report and of oversight and enforcement of the program.