Legislative Project- Environmental Law Class (Prof. Antolini) UH Law School - Nov. 9, 2007
Representative Hermina Morita, Chair
Representative Mele Carroll, Vice-Chair
House Energy & Environmental Protection Committee
Hearing: Friday, November 9, 2007
2:00 pm
Li‘ulā Kotaki of Rising Tide Hawai‘i
In STRONG SUPPORT of the Hawai‘i Lighting Efficiency Act (“HLEA”)
Rising Tide Hawai‘i STRONGLY SUPPORTS the passage of the Hawai‘i Lighting Efficiency Act because it is an incremental step towards fulfilling the greenhouse gas reduction requirements of the Global Warming Solutions Act of 2007. However, there are three concerns in the proposed legislation that should be addressed, including the lax luminous efficacy standard of 60 lumens per watt, the provision for exceptional needs, and the creation of a hazardous lighting product recycling system within one year of enactment.
Rising Tide Hawai‘i
Rising Tide Hawai‘i is an environmental group concerned with the growing danger of global climate change, especially the detrimental effects on Hawai‘i as an island state. These effects include inundation of low-lying areas, stronger hurricanes with higher moisture contents, contamination of aquifers through saltwater intrusion, prolonged droughts, and loss of native species and habitats through shifts in microclimates.[1] Rising Tide Hawai‘i supported the passage of the Global Warming Solutions Act of 2007, which made Hawai‘i the second state to cap greenhouse gas emissions, requiring a reduction to 1990 levels by the year 2020.[2]
Lighting Efficacy Standard- Section 3
The HLEA’s proposed prohibition of the sale of inefficient lighting that emits less than 60 lumens per watt by the year 2012 is a good first step towards making the Global Warming Solutions Act’s reduction of greenhouse gas emissions a reality.[3] In the US, “About 22 percent of electricity is used for lighting, and about 42 percent of that is now generated by incandescent bulbs. . .”[4] By substituting seven 100-watt incandescent bulbs with 15-watt compact fluorescent light bulbs, consumers can reduce their average carbon dioxide equivalent greenhouse gas emissions by one ton a year.[5] Compact fluorescent lights (“CFLs”) already have a luminous efficacy of 50 to 100 lumens per watt, so the prohibited level of 60 lumens per watt is definitely attainable by the year 2012.[6] General Electric is currently developing a high-efficiency incandescent bulb (“HEI™”) that would have an efficacy comparable to CFLs and would be on the market by 2010.[7]
Rising Tide’s only concerns regarding the 60 lumens per watt efficacy standard is that it may be too lax to achieve the goals of both the HLEA and the Global Warming Solutions Act to reduce electricity consumption, resulting in a reduction in greenhouse gas emissions. Since technology is already available to meet the 60 lumens per watt standard today, a more stringent standard should be imposed for the year 2012, assuming that lighting efficiency technology will continue to advance. A stricter standard would ensure that advances in technology continue in order to create better efficient lighting alternatives and further decrease Hawai‘i’s energy consumption. Though Rising Tide Hawai‘i supports Section 3 and its prohibition of the sale of inefficient lighting, Section 2(b) definitions should be amended to raise the luminous efficacy standard to at least 90 lumens per watt in order to achieve reductions in greenhouse gas emissions.
Exceptional Needs- Section 4
Rising Tide’s second concern involves providing lighting products for those qualified for the “exceptional needs” exemption. Since the HLEA prohibits the sale of inefficient lighting in the state, there is a need to supply those with exceptional needs with the lighting that they need, regardless of the luminous efficacy of the products. These products have to be available for those with “exceptional needs”, but they still have to be prohibited to the general public. As long as the HLEA provides for these contradicting needs, Rising Tide Hawai‘i supports the “exceptional needs” exemption in Section 4 of the proposed legislation.
Recycling System- Section 8
The final concern is Section 8 of the proposed legislation which requires the State Energy Resources Coordinator to establish, within one year, a recycling system for hazardous lighting products that is “free and convenient for end users.” Rising Tide Hawai‘i supports the legislature’s recognition of the hazardous materials present in CFLs and incandescent bulbs, but is concerned that the “free” requirement may make the system prohibitively expensive to implement. There are no light bulb recycling facilities in the state, so either an in-state facility would need to be built or the bulbs would have to be shipped out-of-state.[8]
Rising Tide Hawai‘i suggests an amendment to include a deposit-fee system, similar to the bottle recycling program. A deposit fee and a non-refundable recycling program fee could be charged in addition to the price of each CFL or incandescent bulb. The deposit would be refunded back to consumers when they return their burned out bulbs to the store for recycling. The recycling program fee would go towards subsidizing either creating recycling facilities in-state to process the bulbs or sending the bulbs to an out-of-state bulb recycling facility. While Rising Tide Hawai‘i supports the intent of Section 8 of the proposed HLEA to prevent the accumulation of hazardous materials in landfills, the bill should be amended to remove the “free” system requirement in order to prevent a prohibitively expensive system and to include a deposit-fee system instead.
Consumer Consideration
Rising Tide Hawai‘i also urges the State Legislature to consider implementing a state-wide program in conjunction with the passage of the HLEA to help consumers with the higher upfront costs of switching to more efficient lighting products. Currently, coupons are available to the island of O’ahu through the Hawaiian Electric Company to assist with the cost of CFLs, but this program should be expanded to neighbor islands as well.[9]
In conclusion, Rising Tide Hawai‘i strongly supports the passage of the Hawai‘i Lighting Efficiency Act, but with amendments to strengthen the proposed effect of the bill and to account for practical issues involved with the “exceptional needs” exemption and recycling system requirement.
Thank you for your time and consideration.
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Legislative Project- Environmental Law Class (Prof. Antolini) UH Law School - Nov. 9, 2007
THE PEOPLE OF THE STATE OF HAWAII ENACT AS FOLLOWS:
SECTION 1. Title.
This act shall be known as the Hawai`i Lighting Efficiency Act ("HLEA").
SEC. 2. Definitions.
For the purposes of this section:
a) "Lighting" refers to all lamps, bulbs, tubes, or other devices that provide functional illumination in homes, offices, and outdoors.
b) " Inefficient Lighting" refers to lighting that emits less than 60 lumens per watt.
c) "Exceptional needs" refers to (1) a medically recognized disability that requires special lighting, and (2) cases where the Hawai`i State Energy Resources Coordinator deems, after an public hearing and opportunity to be heard, that it is technically impossible to switch lighting technologies, such as in a specialized military, medical, or public safety application.
d) "High Efficiency Lighting" refers to lighting that emits greater than or equal to 60 lumens per watt.
SEC. 3. Findings.
The Hawai`i Legislature ("Legislature") finds and declares the following:
a) Today, and throughout the state's history, Hawai`i has sought to be a world leader in promoting environmental conservation values.
b) Reduction of: energy consumption, greenhouse gases emissions, dependence on fossil fuels, energy costs to consumers, pollution and landfill waste are matters of state policy.
c) Currently, lighting accounts for 20 to 25 percent of all electricity consumed in the United States; the same can be said for the State of Hawai`i.
d) Hawai`i's electricity is generated primarily by the burning of fossil fuels. The burning of petroleum accounts for approximately 78 percent of Hawai`i's total net electricity generation, while the burning of coal accounts for approximately 14 percent.
e) Hawai`i is the most oil-dependent state in the United States.
f) The burning of fossil fuels for energy consumption significantly contributes to greenhouse gas emissions and global warming. The Legislature recognizes the growing threat of global warming due to human impacts, and the need to reduce those impacts statewide. The Legislature further recognizes the financial burden on the people of Hawai`i that is directly attributable to the high cost of oil, and the need to reduce the burden. The Legislature recognizes the potential energy crisis that faces many future generations of people in the state, as worldwide fossil fuel reserves become depleted. Finally, the Legislature recognizes that land area is scarce in Hawai`i, and landfills are increasingly becoming filled.
g) Despite other efforts to reduce energy consumption through legislation, policies for increasing awareness for conservation techniques, and the promotion of alternative energy sources, electricity demand in Hawai`i is projected to increase by 50% over the next 25 years.
h) Transitioning to currently available higher efficiency lighting technologies will substantially reduce energy consumption, pollution, including reducing greenhouse gas emissions, and the amount of consumer waste due to disposal of lighting products, while lowering energy costs to consumers.
SEC. 3. Prohibition.
In response to the Legislature's findings as addressed in Section 3 above, the sale of all inefficient lighting in the state shall be banned by the year 2012.
SEC. 4. Exceptions.
This section does not apply to those persons or entities with exceptional needs.
SEC. 5. Penalties.
Violators of this statute shall be subject to a Civil Penalty in an amount deemed appropriate to ensure compliance with this act.
SEC. 6. Enforcement.
The State Energy Resources Coordinator, identified as the Department of Business and Economic Development and Tourism of the State of Hawai`I ("DBEDT") shall be responsible for the enforcement of this section.
SEC. 7. Plan to Regulate Mercury and Lead Standards for High Efficiency Lighting.
Within one year of enactment of this legislation, the State Energy Resources Coordinator, shall, after one or more public hearings, prescribe, by regulation, a schedule for reducing the maximum levels of: (1) mercury per lumen, and (2) lead per lumen in lighting sold or offered in Hawai`i.
SEC. 8. Plan to Establish a Recycling Plan for High Efficiency Lighting.
Within one year of enactment of this legislation, the State Energy Resources Coordinator, shall, after one or more public hearings, establish a system for the recycling of hazardous lighting products that is free and convenient for end users.
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[1] Hawai‘i: Ground Zero, Rising Tide Hawai‘i, http://www.risingtidehawaii.com/impacts.html.
[2] Diana Leone, Hawai‘i Passes Law to Cap Emissions at 1990 Levels, StarBulletin.com, May 7, 2007, http://starbulletin.com/2007/05/07/news/story06.html.
[3] HLEA, Section 3
[4] Matthew Wald, A U.S. Alliance to Update the Light Bulb, N.Y. Times, Mar. 14, 2007, at C3, available at http://micro189.lib3.hawaii.edu:2704.
[5] Lose a Ton, Rising Tide Hawai‘i, http://www.risingtidehawaii.com/carbon.html.
[6] Are Fluorescent Bulbs Really More Efficient Than Regular Light Bulbs?, Howstuffworks.com, http://home.howstuffworks.com/question236.htm.
[7] Kim Freeman, GE Announces Advancement in Incandescent Technology, GE homepage, Feb. 23, 2007, http://www.genewscenter.com/PressPack/1260-01-417.pdf.
[8] CFL Disposal, Hawai‘i's Energy Future.com, http://hawaiisenergyfuture.com/make_difference/home.html.
[9] Hawaiian Electric Company homepage, www.heco.com and Hawai‘i’s Energy Future homepage, http://hawaiisenergyfuture.com.