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BILL AS INTRODUCED 2007-2008

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S.258

Introduced by Senator Miller of Chittenden District, Senator Condos of Chittenden District and Senator Lyons of Chittenden District

Referred to Committee on

Date:

Subject:  Commerce; light bulbs; incandescent light bulb ban

Statement of purpose:  This bill proposes to ban the retail sale of incandescent light bulbs as of July 1, 2012.  It proposes to allow the department of public service rules that establish energy efficiency standards for light bulbs to provide for waiver of this ban in the event of lack of availability of products of any given category, or for other good cause.

AN ACT RELATING TO BANNING RETAIL SALE OF INCANDESCENT LIGHT BULBS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  9 V.S.A. §§ 3153–3155 are amended to read:

§ 3153.  DEFINITIONS

For purposes of this chapter:

(1)  “Department” means the department of public service.

(2)  “New product” means reflector incandescent and four-foot,

eight-foot, and F40/U fluorescent light bulbs that are sold at retail, offered for retail sale, or installed within the state for the first time.

§ 3154.  ADOPTION OF STANDARDS

(a)(1)  Rulemaking authority.  The department of public service shall adopt by rule, modify, revise, update, and maintain Vermont energy-efficiency standards with respect to new products installed in the state by a contractor or other construction professional or sold at retail in the state.  These standards in every instance shall be designed to assure consumers easy access to new products that meet consumers’ needs and preferences, that comply with the requirements of this section, and that will be cost effective cost-effective.  These shall be minimum standards and shall not pre-empt stricter standards otherwise duly established by state or local authority.

(2)  Federal action.  If federal legislation is passed prior to July 1, 1993, which requires adoption of light bulb standards which are substantially equivalent to those required under this chapter, and they are required to be in effect by July 1, 1995, the department may forego adoption of the rules required under this chapter.  If federal standards are not, in fact, in effect as of July 1, 1995, the department shall proceed with adoption of standards required under this chapter.

(3)  Ban on final sale of incandescent light bulbs.  Effective July 1, 2012, no incandescent light bulb may be offered for final sale, sold at final sale, or distributed in Vermont as a new manufactured product.

(b)  Standards for new products.  By no later than July 1, 1993, the department shall adopt rules establishing energy-efficiency standards for new products, so that each new product covered by those standards shall consume less power in watts per unit of light output in lumens than a maximum reference level to be established by the department.  These Except with regard to the sale of incandescent light bulbs banned by this section, these rules shall ensure that the standards allow for new products whose fit, availability, and performance are substantially the equivalent of products currently on the market and whose energy savings compensate for any increased cost.  If substantially equivalent fit, availability, and performance is not readily attainable in these new products, the rules shall allow products currently on the market to continue to be sold at retail and installed by contractors and construction professionals in the state.

(c)  Inventory.  Notwithstanding the provisions of this chapter, a retailer may sell light bulbs from the retailer’s stock as it existed on the effective date of the prohibitions established in this chapter.


§ 3155.  APPLICABILITY

Subject to the effective date provided by section 3154 of this title, no new product covered by efficiency standards established by this chapter may be sold at retail, offered for retail sale, imported for retail sale or use, or installed by a contractor or other construction professional in buildings or structures in the state unless the efficiency rating of the product meets or exceeds the levels established by this chapter.  The rules shall provide for waiver of the requirements of this section, as well as the ban on the sale of incandescent light bulbs established under section 3154 of this title, in the event of lack of availability of products of any given category, or for other good cause.  Waivers may be granted for no more than five-year periods, and may be renewed for good cause.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us