law23290

Chapter 290

2023 -- H 5550 SUBSTITUTE A
Enacted 06/22/2023

A N A C T

RELATING TO HEALTH AND SAFETY -- MERCURY REDUCTION AND EDUCATION ACT

Introduced By: Representatives Handy, Bennett, Edwards, Craven, McNamara, Morales, Cortvriend, and Fogarty

Date Introduced: February 15, 2023

It is enacted by the General Assembly as follows:

SECTION 1. Findings.

The general assembly finds that:

(1) Mercury is a persistent and toxic pollutant that bioaccumulates in the environment and

poses a serious threat to humans, particularly young children, and wildlife.

(2) Human exposure to mercury can result in nervous system, kidney, and liver damage

and impaired childhood development.

(3) All fluorescent lamps contain mercury and can create an immediate public health and

environmental hazard when they accidentally break during installation, use, transportation, storage,

recycling, or disposal.

(4) Light-emitting diode (LED) replacements for fluorescent lamps do not contain mercury.

(5) LED replacements for fluorescent lamps are widely available for the range of

fluorescent lamps used to light businesses and homes and last two (2) to three (3) times longer.

SECTION 2. Chapter 23-24.9 of the General Laws entitled "Mercury Reduction and

Education Act" is hereby amended by adding thereto the following section:

23-24.9-6.1. Prohibition on fluorescent lamps.

(a) As used in this section, the following words shall have the following meanings:

(1) “Compact fluorescent lamp” means a compact low-pressure, mercury-containing,

electric-discharge light source in which a fluorescent coating transforms some of the ultraviolet

energy generated by the mercury discharge into visible light, and includes all of the following

characteristics:

(i) One base (endcap) of any type, including, but not limited to, screw, bayonet, two (2)

pins, and four (4) pins;

(ii) Integrally ballasted or nonintegrally ballasted;

(iii) Light emission between a correlated color temperature of 1700K and 24000K and a

Duv of +0.024 and -0.024 in the International Commission on Illumination (CIE) Uniform Color

Space (CAM02-UCS);

(iv) All tube diameters and all tube lengths; and

(v) All lamp sizes and shapes for directional and nondirectional installations including, but

not limited to, PL, spiral, twin tube, triple twin, 2D, U-bend, and circular.

(2) “Linear fluorescent lamp” means a low-pressure, mercury-containing, electric-

discharge light source in which a fluorescent coating transforms some of the ultraviolet energy

generated by the mercury discharge into visible light, and includes all of the following

characteristics:

(i) Two (2) bases (endcaps) of any type, including single-pin, two (2)-pin, or recessed

double contact;

(ii) Light emission between a correlated color temperature of 1700K and 24000K and a

Duv of +0.024 and -0.024 in the International Commission on Illumination (CIE) Uniform Color

Space (CAM02-UCS);

(iii) All tube diameters, including, but not limited to, T5, T8, T10, and T12;

(iv) All tube lengths from one-half (1/2) to eight (8.0) feet inclusive; and

(v) All lamp shapes, including, but not limited to, linear, U-bend, and circular.

(b) On and after January 1, 2024, it shall be a violation of this section to offer for final sale,

sell at final sale, or distribute in this state as a new manufactured product a screw or bayonet base

type compact fluorescent lamp.

sell at final sale, or distribute in this state as a new manufactured product a pin-base type compact

fluorescent lamp or a linear fluorescent lamp.

(d) This section does not apply to the following:

(1) A lamp designed and marketed exclusively for image capture and projection, including:

(i) Photocopying;

(ii) Printing, directly or in preprocessing;

(iii) Lithography;

(iv) Film and video projection; and

(v) Holography.

(2) A lamp that has a high proportion of ultraviolet light emission and is one of the

following:

(i) A lamp with high ultraviolet content that has ultraviolet power greater than two (2)

milliwatts per kilolumen (mW/klm);

(ii) A lamp for germicidal use, such as the destruction of DNA, that emits a peak radiation

of approximately two hundred fifty-three and seven-tenths (253.7) nanometers;

(iii) A lamp designed and marketed exclusively for disinfection or fly trapping from which

either the radiation power emitted between two hundred fifty (250) and three hundred fifteen (315)

nanometers represents at least five percent (5%) of, or the radiation power emitted between three

hundred fifteen (315) and four hundred (400) nanometers represents at least twenty percent (20%)

percent of, the total radiation power emitted between two hundred fifty (250) and eight hundred

(800) nanometers;

(iv) A lamp designed and marketed exclusively for the generation of ozone where the

primary purpose is to emit radiation at approximately one hundred eighty-five and one-tenth

(185.1) nanometers;

(v) A lamp designed and marketed exclusively for coral zooxanthellae symbiosis from

which the radiation power emitted between four hundred (400) and four hundred eighty (480)

nanometers represents at least forty percent (40%) of the total radiation power emitted between two

hundred fifty (250) and eight hundred (800) nanometers.;

(vi) Any ultraviolet lamp designed and marketed exclusively for use in a sunlamp product,

as defined as a phototherapy product in subchapter J of title 21 of the Code of Federal Regulations,

as in effect on the effective date of this section.

(3) A lamp designed and marketed exclusively for use in medical or veterinary diagnosis

or treatment, or in a medical device.

(4) A lamp designed and marketed exclusively for use in the manufacturing or quality

control of pharmaceutical products.

(5) A lamp designed and marketed exclusively for spectroscopy and photometric

applications, such as UV-visible spectroscopy, molecular spectroscopy, atomic absorption

spectroscopy, nondispersive infrared (NDIR), Fourier transform infrared (FTIR), medical analysis,

ellipsometry, layer thickness measurement, process monitoring, or environmental monitoring.

(6) A lamp used by academic and research institutions for conducting research projects and

experiments.

(7) A compact fluorescent lamp used to replace a lamp in a motor vehicle manufactured on

or before January 1, 2020.

(e)(1) The department may cause periodic inspections to be made of distributors or retailers

in order to determine compliance with the provisions of this section. The department shall

investigate complaints received concerning violations of this section.

(2) If the department finds that any person has committed a violation of any provision of

this section, the department shall issue a warning to such person. Any person who commits a

violation after the issuance of such warning and any further violations committed by such person

shall be subject to a civil penalty pursuant to the provisions of § 23-24.9-16. Each lamp offered,

sold, or distributed in violation of subsection (b) of this section shall constitute a separate violation,

each violation shall constitute a separate offense, and each day that such violation occurs shall

constitute a separate offense.

(3) If the department finds repeated violations have occurred, it shall report the results of

such violations to the attorney general. The attorney general may institute proceedings to seek an

injunction in superior court to enforce the provisions of this section.

(4) The department may adopt such further regulations as necessary to ensure the proper

implementation and enforcement of the provisions of this section.

SECTION 3. This act shall take effect upon passage.

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LC000841/SUB A

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