House of
Representatives
HB 2337
Arizona manufactured incandescent lightbulbs; regulation
Sponsors: Representatives Antenori, Biggs, Gowan, et al.
HB 2337 states that an incandescent light bulb produced in Arizona and not exported to any other state does not qualify as interstate commerce and is not subject to federal laws or regulation by the United States Congress.
History
In 2007, President Bush signed into law the Energy Independence and Security Act (E.I.S.A). E.I.S.A sets lamp efficiency standards for general use incandescent light bulbs, requiring them to use about 20-30% less energy than present incandescent bulbs by the year 2014 (phasing in over several years) and requiring the Department of Energy (DOE) to set standards to reduce energy use to no more than about 65% of current lamp use by 2020. The Act also stipulates that the incandescent light bulbs that are less than 40 watts and those that are more than 150 watts are exempt from the ban.
E.I.S.A allows 22 types of specialty-use light bulbs to be exempted from the outlined energy standards. It also stipulates that DOE will monitor the sale of these exempted light bulbs to ensure that consumers are not using these light bulbs in lieu of the new energy efficient light bulbs. If the sale of these specialty light bulbs doubles, the DOE will re-assess their exempted status.
The efficiency of a light bulb is measured by its efficacy. The efficacy of a light bulb is the ratio of its measurement of light emitted to energy consumed.
The various light bulbs affected by this bill will also be held to a standard Color Rendering Index (CRI). The CRI is a measurement of a light bulb’s ability to render the color of objects in the same way as direct sun light. The CRI scale is 1-100, with 70 being an acceptable level for office and living environments.
Provisions
· States that an incandescent light bulb manufactured in Arizona and not exported to any other state is exempt from federal laws and regulations governing interstate commerce.
· Asserts a person in Arizona may possess, use, manufacture, purchase, install, transport, sell or internationally export an incandescent light bulb as long as that light bulb is not exported to any other state.
· Clarifies that only incandescent light bulbs manufactured in Arizona with basic materials and without the use of any significant parts imported from another state are exempted from the interstate commerce regulation.
· Stipulates the importation of generic or insignificant parts that have multiple uses, for the purpose of manufacturing incandescent light bulbs, does not subject the incandescent light bulb to federal regulation.
· Includes a legislative findings section that stipulates the following:
Ø The 9th and 10th amendments to the Constitution of the United States guarantees to the states and their citizens all the powers and rights not granted to the federal government elsewhere in the Constitution as those powers and rights were understood at the time Arizona was admitted into statehood in 1912.
Ø The guarantee of those powers and rights is a matter of contract between Arizona, its citizens and the United States as of the time that the contract was agreed to and adopted by this state and the United States in 1912
Ø The power to regulate intrastate commerce is delegated to the states under Article I, Section 8, Constitution of the United States, and the 9th and 10th amendments.
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Forty-ninth Legislature
Second Regular Session 2 February 25, 2010
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