Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H777 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2448 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 777
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Josh S. Cutler
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to clean lighting.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Josh S. Cutler6th Plymouth1/18/2023Kenneth I. Gordon21st Middlesex1/24/2023Lindsay N. Sabadosa1st Hampshire1/25/2023Margaret R. Scarsdale1st Middlesex1/26/2023Christopher Hendricks11th Bristol1/26/2023Jessica Ann Giannino16th Suffolk1/27/2023Jack Patrick Lewis7th Middlesex1/30/2023Thomas M. Stanley9th Middlesex2/7/2023Kate Lipper-Garabedian32nd Middlesex2/22/2023Vanna Howard17th Middlesex2/27/2023Steven Owens29th Middlesex3/13/2023Patrick Joseph Kearney4th Plymouth3/13/2023Jennifer Balinsky Armini8th Essex3/13/2023James C. Arena-DeRosa8th Middlesex3/13/2023Simon Cataldo14th Middlesex3/13/2023Kate Donaghue19th Worcester3/13/2023Sean Garballey23rd Middlesex3/13/2023 1 of 6
16	16	HOUSE DOCKET, NO. 2448 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 777
18	18	By Representative Cutler of Pembroke, a petition (accompanied by bill, House, No. 777) of Josh
19	19	S. Cutler and others relative to clean lighting. Environment and Natural Resources.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act relative to clean lighting.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Section 2 of Chapter 21H of the General Laws, as appearing in the 2020
29	29	2official Edition, is hereby amended by striking out the definition of “Mercury-added Lamp” and
30	30	3inserting in place thereof the following definitions:-
31	31	4 “Compact fluorescent lamp” means a compact low-pressure, mercury-containing,
32	32	5electric-discharge light source in which a fluorescent coating transforms some of the ultraviolet
33	33	6energy generated by the mercury discharge into visible light, and includes all of the following
34	34	7characteristics:
35	35	8 (i) One base (end cap) of any type, including, but not limited to, screw, bayonet, two pins,
36	36	9and four pins.
37	37	10 (ii) Integrally ballasted or non-integrally ballasted. 2 of 6
38	38	11 (iii) Light emission between a correlated color temperature of 1700K and 24000K and a
39	39	12Duv of +0.024 and -0.024 in the International Commission on Illumination (CIE) Uniform Color
40	40	13Space (CAM02-UCS).
41	41	14 (iv) All tube diameters and all tube lengths.
42	42	15 (v) All lamp sizes and shapes for directional and nondirectional installations, including,
43	43	16but not limited to, PL, spiral, twin tube, triple twin, 2D, U-bend, and circular.
44	44	17 “Linear fluorescent lamp” means a low-pressure, mercury-containing, electric-discharge
45	45	18light source in which a fluorescent coating transforms some of the ultraviolet energy generated
46	46	19by the mercury discharge into visible light, and includes all of the following characteristics:
47	47	20 (i) Two bases (end caps) of any type, including, but not limited to, single-pin, two-pin,
48	48	21and recessed double contact.
49	49	22 (ii) Light emission between a correlated color temperature of 1700K and 24000K and a
50	50	23Duv of +0.024 and -0.024 in the CIE CAM02-UCS.
51	51	24 (iii) All tube diameters, including, but not limited to, T5, T8, T10, and T12.
52	52	25 (iv) All tube lengths from 0.5 to 8.0 feet, inclusive.
53	53	26 (v) All lamp shapes, including, but not limited to, linear, U-bend, and circular.
54	54	27 SECTION 2. Section 6J of Chapter 21H of the General Laws is hereby amended by
55	55	28striking out sections (d)(1) and (d)(2) in their entirety and inserting in place thereof the
56	56	29following:- 3 of 6
57	57	30 (d)(1) On and after January 1, 2024, no person shall offer for final sale or distribute in
58	58	31this state as a new manufactured product a screw or bayonet base type compact fluorescent lamp.
59	59	32 (d)(2) On and after January 1, 2025, no person shall offer for final sale or distribute in
60	60	33this state as a new manufactured product a pin-base type compact fluorescent lamp or a linear
61	61	34fluorescent lamp.
62	62	35 SECTION 3. Section 6J of Chapter 21H of the general laws is further amended by adding
63	63	36the following sections:-
64	64	37 (k) Sections (d)(1) and (d)(2) do not apply to a lamp designed and marketed exclusively
65	65	38for image capture and projection, including:
66	66	39 (i)photocopying;
67	67	40 (ii)printing, directly or in preprocessing;
68	68	41 (iii)lithography;
69	69	42 (iv)film and video projection; and
70	70	43 (v)holography.
71	71	44 (l) Sections (d)(1) and (d)(2) do not apply to a lamp that has a high proportion of
72	72	45ultraviolet light emission and is one of the following:
73	73	46 (i) A lamp with high ultraviolet content that has ultraviolet power greater than two
74	74	47milliwatts per kilolumen (mW/klm). 4 of 6
75	75	48 (ii) A lamp for germicidal use, such as the destruction of DNA, that emits a peak
76	76	49radiation of approximately 253.7 nanometers.
77	77	50 (iii) A lamp designed and marketed exclusively for disinfection or fly trapping from
78	78	51which either the radiation power emitted between 250 and 315 nanometers represents at least 5
79	79	52percent of, or the radiation power emitted between 315 and 400 nanometers represents at least 20
80	80	53percent of, the total radiation power emitted between 250 and 800 nanometers.
81	81	54 (iv) A lamp designed and marketed exclusively for the generation of ozone where the
82	82	55primary purpose is to emit radiation at approximately 185.1 nanometers.
83	83	56 (v) A lamp designed and marketed exclusively for coral zooxanthellae symbiosis from
84	84	57which the radiation power emitted between 400 and 480 nanometers represents at least 40
85	85	58percent of the total radiation power emitted between 250 and 800 nanometers.
86	86	59 (vi) Any lamp designed and marketed exclusively for use in a sunlamp product, as
87	87	60defined in section 1040.20(b)(9) of subchapter J of title 21 of the Code of Federal Regulations, as
88	88	61in effect on the date of enactment of this Act.
89	89	62 (m) Sections (d)(1) and (d)(2) do not apply to a lamp designed and marketed exclusively
90	90	63for use in medical or veterinary diagnosis or treatment, or in a medical device.
91	91	64 (n) Sections (d)(1) and (d)(2) do not apply to a lamp designed and marketed exclusively
92	92	65for use in the manufacturing or quality control of pharmaceutical products.
93	93	66 (o) Sections (d)(1) and (d)(2) do not apply to a lamp designed and marketed exclusively
94	94	67for spectroscopy and photometric applications, such as UV-visible spectroscopy, molecular
95	95	68spectroscopy, atomic absorption spectroscopy, nondispersive infrared (NDIR), Fourier transform 5 of 6
96	96	69infrared (FTIR), medical analysis, ellipsometry, layer thickness measurement, process
97	97	70monitoring, or environmental monitoring.
98	98	71 (p) Sections (d)(1) and (d)(2) do not apply to a lamp used by academic and research
99	99	72institutions for conducting research projects and experiments.
100	100	73 (q) The department may cause periodic inspections to be made of distributors or retailers
101	101	74in order to determine compliance with (d)(1) and (d)(2). The department shall investigate
102	102	75complaints received concerning violations of (d)(1) and (d)(2).
103	103	76 (r) If the department finds that any person has committed a violation of any provision of
104	104	77(d)(1) or (d)(2), the department shall issue a warning to such person. Any person who commits a
105	105	78violation after the issuance of such warning shall be subject to a civil penalty, issued by the
106	106	79department, of up to one hundred dollars for each offense. Any further violations committed by
107	107	80such person after this second violation shall be subject to a civil penalty of not more than five
108	108	81hundred dollars for each offense. Each lamp offered, sold, or distributed in violation of (d)(1) or
109	109	82(d)(2), each violation shall constitute a separate offense, and each day that such violation occurs
110	110	83shall constitute a separate offense.
111	111	84 (s) If the department finds repeated violations have occurred, it shall report the results of
112	112	85such violations to the Attorney General. The Attorney General may institute proceedings to seek
113	113	86an injunction in state court to enforce the provisions of (d)(1) or (d)(2).
114	114	87 (t) The department may adopt such further regulations as necessary to ensure the proper
115	115	88implementation and enforcement of the provisions of (d)(1) and (d)(2). 6 of 6
116	116	89 SECTION 4. The department of energy resources shall consult with the department of
117	117	90public utilities, the administrators of energy efficiency programs established under section 19 of
118	118	91chapter 25, and municipal lighting plants to offer incentives and rebates for converting to high-
119	119	92efficiency lighting technologies for eligible homeowners. Eligible homeowners shall include any
120	120	93homeowner in the commonwealth that:
121	121	94 (a)resides in a house or apartment or other unit of housing built over 50 years before
122	122	95the current date; and
123	123	96 (b)resides in a home with light ballasts incompatible with non-mercury containing
124	124	97light bulbs or lamps.