AB 596

In 2007, Congress enacted the Energy Independence and Security Act (EISA)

which, among other things, establishes energy efficiency requirements for general

service incandescent light bulbs. Traditional incandescent light bulbs do not comply

with the requirements. Under EISA, traditional incandescent light bulbs that are

100 watts may not be manufactured or imported after January 1, 2012; such bulbs

that are 75 watts may not be manufactured or imported after January 1, 2013; and

such bulbs that are 60 or 40 watts may not be manufactured or imported after

January 1, 2014.

This bill declares that an incandescent light bulb that is manufactured in this

state and that remains within the state's borders has not traveled in interstate

commerce and is not subject to federal law or regulation under the authority of

Congress to regulate interstate commerce. The bill provides that such an

incandescent light bulb is not subject to federal law or regulation under the

interstate commerce authority of Congress. Such federal law or regulation would

include EISA. The bill defines "incandescent light bulb" as a standard incandescent

or halogen light bulb that: 1) is intended for general service applications; 2) has

lumen range of not less than 310 lumens and not more than 2,600 lumens; and 3) is

capable of being operated at a voltage range at least partially within 110 and 130

volts. The definition encompasses traditional incandescent 40-100 watt light bulbs.

Under the bill, an incandescent light bulb is manufactured in this state if it is

manufactured in this state from materials located in this state and without the

inclusion of any part imported from another state, other than a "generic and

insignificant part," which is defined as an item that has manufacturing or consumer

product applications other than inclusion in an incandescent light bulb.

The bill requires a person who manufactures an incandescent light bulb in this

state for sale in this state to clearly stamp the words "Made in Wisconsin" on the light

bulb. The bill also allows the attorney general, upon receiving a written notification

that a person intends to manufacture an incandescent light bulb in this state, to seek

a declaratory judgment from the appropriate federal district court that the bill is

consistent with the U.S. Constitution.