COLUMBIA, S.C., – South Carolina lawmakers are taking a stand in favor of states’ lights.
With incandescent bulbs being phased out under federal law in favor of energy-efficient compact fluorescents, legislators want to exempt South Carolina from the measure, saying Washington has no business telling the state how to light its closets and countertops.
The proposed state law, called the Incandescent Light Bulb Freedom Act, “allows South Carolina to say to the federal government we are going to exercise our rights,” said Republican state Rep. Bill Sandifer, a co-sponsor.
The federal government is phasing out incandescent lights starting with 100-watt bulbs in 2012. In 2014, manufacturers will stop making 75-, 60- and 40-watt bulbs, too, under the 2007 Bush administration law. But the squiggly, energy-efficient fluorescent bulbs have drawn complaints that they are too expensive, put out a dim, sickly light, contain traces of mercury and take too long to reach full brightness.
As early as today, the South Carolina House will begin debating a bill that would allow companies to manufacture incandescent bulbs in South Carolina as long as they stamp them “Made in South Carolina” and sell them only within the state. Supporters of the bill say the federal government would have no authority to intervene because its power to regulate business extends only to commerce that crosses state lines.
South Carolina has only one, small manufacturer of incandescent bulbs, but the hope is that others will set up shop here, too, if the law passes.
Arizona lawmakers tried the same thing a year ago, passing a bill that would have declared incandescent light bulbs manufactured entirely within the state exempt from federal regulation. But Republican Gov. Jan Brewer vetoed it. Texas, Georgia and Minnesota have also considered clinging to incandescent bulbs, but none has passed a law. California embraced the new federal regulations a year early.
The South Carolina bill is expected to win approval in the House, though its fate is far from certain in the Senate, and Republican Gov. Nikki Haley has not offered her support. Even if it became law, it would probably be challenged in court.
And Randy Barnett, a constitutional law expert at Georgetown University, said the state would probably lose, in part because it wouldn’t be able to keep people from buying incandescent light bulbs in South Carolina and using them in another state.
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