The Legislation that De-Funded the “Light Bulb Ban”

take_back_your_choice

I have been in a conversation the last couple days with a couple people where we were trying to find the exact wording of the “rider” that de-funded the “ban”.  As it is a little obscure, I thought I post what we found in order to help others…

The “rider” is actually an Amendment to H. R. 2354, the Appropriations bill that allocates budget money for the 2012 fiscal year:

http://www.gpo.gov/fdsys/pkg/BILLS-112hr2354rh/pdf/BILLS-112hr2354rh.pdf

H. R. 2354
[Report No. 112–118]
Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2012, and for other purposes.

Representative Burgess added an amendment that de-funded the “ban” until Sept. 30, 2012.

http://thomas.loc.gov/cgi-bin/bdquery/z?d112:HZ678:

H.AMDT.678 (A075)
Amends: H.R.2354
Sponsor: Rep Burgess, Michael C.[TX-26] (offered 7/14/2011)

AMENDMENT DESCRIPTION:
Amendment to prohibit the use of funds to be used to implement or enforce section 430.32(x) of title 10, Code of Federal Regulations or to implement or enforce the standards established by the tables contained in section 325(i)(1)(B) of the Energy Policy and Conservation Act with respect to BPAR incandescent reflector lamps, BR incandescent reflector lamps, and ER incandescent reflector lamps.

AMENDMENT PURPOSE:
An amendment numbered 70 printed in the Congressional Record to prohibit the use of funds to be used to implement or enforce section 430.32(x) of title 10, Code of Federal Regulations or to implement or enforce the standards established by the tables contained in section 325(i)(1)(B) of the Energy Policy and Conservation Act with respect to BPAR incandescent reflector lamps, BR incandescent reflector lamps, and ER incandescent reflector lamps.

STATUS:

7/14/2011 6:39pm:
Amendment (A075) offered by Mr. Burgess. (consideration: CR H5075-5076; text: CR H5075)
7/15/2011 10:31am:
On agreeing to the Burgess amendment (A075) Agreed to by voice vote. (consideration: CR H5093)

In this amendment, section 430.32(x) of title 10, Code of Federal Regulations** is for standard use and candelabra incandescent bulbs and section 325(i)(1)(B) of the Energy Policy and Conservation Act*** relates to “reflector” bulbs, i.e., flood lights.


** http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=b277374642213b8e203716037052d130&rgn=div8&view=text&node=10:3.0.1.4.18.3.9.2&idno=10

§ 430.32   Energy and water conservation standards and their effective dates.

(x) General service incandescent lamps, intermediate base incandescent lamps and candelabra base incandescent lamps. (1) The energy conservation standards in this paragraph apply to general service incandescent lamps:

(i) Intended for a general service or general illumination application (whether incandescent or not);

(ii) Has a medium screw base or any other screw base not defined in ANSI C81.61 (incorporated by reference; see §430.3); and

(iii) Is capable of being operated at a voltage at least partially within the range of 110 to 130 volts.

(A) General service incandescent lamps manufactured after the effective dates specified in the tables below, except as described in paragraph (x)(1)(B) of this section, shall have a color rendering index greater than or equal to 80 and shall have rated wattage no greater than and rated lifetime no less than the values shown in the table below:

General Service Incandescent Lamps

Rated lumen ranges Maximum rate wattage Minimum rate life-time Effective date
1490–2600 72 1,000 hrs 1/1/2012
1050–1489 53 1,000 hrs 1/1/2013
750–1049 43 1,000 hrs 1/1/2014
310–749 29 1,000 hrs 1/1/2014

(B) Modified spectrum general service incandescent lamps manufactured after the effective dates specified shall have a color rendering index greater than or equal to 75 and shall have a rated wattage no greater than and rated lifetime no less than the values shown in the table below:

Modified Spectrum General Service Incandescent Lamps

Rated lumen ranges Maximum rate wattage Minimum rate life-time Effective date
1118–1950 72 1,000 hrs 1/1/2012
788–1117 53 1,000 hrs 1/1/2013
563–787 43 1,000 hrs 1/1/2014
232–562 29 1,000 hrs 1/1/2014

(2) Each candelabra base incandescent lamp shall not exceed 60 rated watts.

(3) Each intermediate base incandescent lamp shall not exceed 40 rated watts.

[54 FR 6077, Feb. 7, 1989]

Editorial Note:   For  Federal Register  citations affecting §430.32, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov .


*** http://en.wikisource.org/wiki/Energy_Independence_and_Security_Act_of_2007/Title_III/Subtitle_B#SEC._322._INCANDESCENT_REFLECTOR_LAMP_EFFICIENCY_STANDARDS.

(b) Standards for Fluorescent Lamps and Incandescent Reflector Lamps—
Section 325(i) of the Energy Policy and Conservation Act (42 U.S.C. 6995(i)) is amended by striking paragraph (1) and inserting the following:
`(1) STANDARDS-
`(A) DEFINITION OF EFFECTIVE DATE—In this paragraph (other than subparagraph (D)), the term `effective date’ means, with respect to each type of lamp specified in a table contained in subparagraph (B), the last day of the period of months corresponding to that type of lamp (as specified in the table) that follows October 24, 1992.
`(B) MINIMUM STANDARDS—Each of the following general service fluorescent lamps and incandescent reflector lamps manufactured after the effective date specified in the tables contained in this paragraph shall meet or exceed the following lamp efficacy and CRI standards:

 

`FLUORESCENT LAMPS
Lamp Type Nominal
Lamp
Wattage
Minimum CRI Minimum Average
Lamp Efficacy
(LPW)
Effective Date
(Period of Months)
4-foot medium bi-pin >35 W 69 75.0 36
45 75.0 36
2-foot U-shaped >35 W 69 68.0 36
45 64.0 36
8-foot slimline 65 W 69 80.0 18
45 80.0 18
8-foot high output >100 W 69 80.0 18
45 80.0 18
`INCANDESCENT REFLECTOR LAMPS
Nominal
Lamp
Wattage
Minimum Average
Lamp Efficacy
(LPW)
Effective Date
(Period of Months)
40-50 10.5 36
51-66 11.0 36
67-85 12.5 36
86-115 14.0 36
116-155 14.5 36
156-205 15.0 36
`(C) EXEMPTIONS—The standards specified in subparagraph (B) shall not apply to the following types of incandescent reflector lamps:
`(i) Lamps rated at 50 watts or less that are ER30, BR30, BR40, or ER40 lamps.
`(ii) Lamps rated at 65 watts that are BR30, BR40, or ER40 lamps.
`(iii) R20 incandescent reflector lamps rated 45 watts or less.
`(D) EFFECTIVE DATES-
`(i) ER, BR, AND BPAR LAMPS—The standards specified in subparagraph (B) shall apply with respect to ER incandescent reflector lamps, BR incandescent reflector lamps, BPAR incandescent reflector lamps, and similar bulb shapes on and after January 1, 2008.
`(ii) LAMPS BETWEEN 2.25-2.75 INCHES IN DIAMETER—The standards specified in subparagraph (B) shall apply with respect to incandescent reflector lamps with a diameter of more than 2.25 inches, but not more than 2.75 inches, on and after the later of January 1, 2008, or the date that is 180 days after the date of enactment of the Energy Independence and Security Act of 2007.’.