Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S538 Compare Versions

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22 SENATE DOCKET, NO. 1704 FILED ON: 1/19/2023
33 SENATE . . . . . . . . . . . . . . No. 538
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Susan L. Moran
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to clean lighting.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Susan L. MoranPlymouth and BarnstableThomas M. Stanley9th Middlesex2/8/2023Michael O. MooreSecond Worcester2/15/2023 1 of 6
1616 SENATE DOCKET, NO. 1704 FILED ON: 1/19/2023
1717 SENATE . . . . . . . . . . . . . . No. 538
1818 By Ms. Moran, a petition (accompanied by bill, Senate, No. 538) of Susan L. Moran, Thomas M.
1919 Stanley and Michael O. Moore for legislation relative to clean lighting. Environment and
2020 Natural Resources.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Third General Court
2424 (2023-2024)
2525 _______________
2626 An Act relative to clean lighting.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 SECTION 1. Section 2 of Chapter 21H of the General Laws, as appearing in the 2020
3030 2Official Edition, is hereby amended by striking out the definition of “Mercury-added Lamp” and
3131 3inserting in place thereof the following definitions:-
3232 4 “Compact fluorescent lamp” means a compact low-pressure, mercury-containing,
3333 5electric-discharge light source in which a fluorescent coating transforms some of the ultraviolet
3434 6energy generated by the mercury discharge into visible light, and includes all of the following
3535 7characteristics:
3636 8 (i) One base (end cap) of any type, including, but not limited to, screw, bayonet, two pins,
3737 9and four pins.
3838 10 (ii) Integrally ballasted or non-integrally ballasted. 2 of 6
3939 11 (iii) Light emission between a correlated color temperature of 1700K and 24000K and a
4040 12Duv of +0.024 and -0.024 in the International Commission on Illumination (CIE) Uniform Color
4141 13Space (CAM02-UCS).
4242 14 (iv) All tube diameters and all tube lengths.
4343 15 (v) All lamp sizes and shapes for directional and nondirectional installations, including,
4444 16but not limited to, PL, spiral, twin tube, triple twin, 2D, U-bend, and circular.
4545 17 “Linear fluorescent lamp” means a low-pressure, mercury-containing, electric-discharge
4646 18light source in which a fluorescent coating transforms some of the ultraviolet energy generated
4747 19by the mercury discharge into visible light, and includes all of the following characteristics:
4848 20 (i) Two bases (end caps) of any type, including, but not limited to, single-pin, two-pin,
4949 21and recessed double contact.
5050 22 (ii) Light emission between a correlated color temperature of 1700K and 24000K and a
5151 23Duv of +0.024 and -0.024 in the CIE CAM02-UCS.
5252 24 (iii) All tube diameters, including, but not limited to, T5, T8, T10, and T12.
5353 25 (iv) All tube lengths from 0.5 to 8.0 feet, inclusive.
5454 26 (v) All lamp shapes, including, but not limited to, linear, U-bend, and circular.
5555 27 SECTION 2. Section 6J of Chapter 21H of the General Laws, as so appearing, is hereby
5656 28amended by striking out sections (d)(1) and (d)(2) in their entirety and inserting in place thereof
5757 29the following:- 3 of 6
5858 30 (d)(1) On and after January 1, 2024, no person shall offer for final sale or distribute in
5959 31this state as a new manufactured product a screw or bayonet base type compact fluorescent lamp.
6060 32 (d)(2) On and after January 1, 2025, no person shall offer for final sale or distribute in
6161 33this state as a new manufactured product a pin-base type compact fluorescent lamp or a linear
6262 34fluorescent lamp.
6363 35 SECTION 3. Section 6J of Chapter 21H of the General Laws, as so appearing, is hereby
6464 36further amended by adding the following sections:-
6565 37 (k) Sections (d)(1) and (d)(2) do not apply to a lamp designed and marketed exclusively
6666 38for image capture and projection, including:
6767 39 (i)photocopying;
6868 40 (ii)printing, directly or in preprocessing;
6969 41 (iii)lithography;
7070 42 (iv)film and video projection; and
7171 43 (v)holography.
7272 44 (l) Sections (d)(1) and (d)(2) do not apply to a lamp that has a high proportion of
7373 45ultraviolet light emission and is one of the following:
7474 46 (i) A lamp with high ultraviolet content that has ultraviolet power greater than two
7575 47milliwatts per kilolumen (mW/klm). 4 of 6
7676 48 (ii) A lamp for germicidal use, such as the destruction of DNA, that emits a peak
7777 49radiation of approximately 253.7 nanometers.
7878 50 (iii) A lamp designed and marketed exclusively for disinfection or fly trapping from
7979 51which either the radiation power emitted between 250 and 315 nanometers represents at least 5
8080 52percent of, or the radiation power emitted between 315 and 400 nanometers represents at least 20
8181 53percent of, the total radiation power emitted between 250 and 800 nanometers.
8282 54 (iv) A lamp designed and marketed exclusively for the generation of ozone where the
8383 55primary purpose is to emit radiation at approximately 185.1 nanometers.
8484 56 (v) A lamp designed and marketed exclusively for coral zooxanthellae symbiosis from
8585 57which the radiation power emitted between 400 and 480 nanometers represents at least 40
8686 58percent of the total radiation power emitted between 250 and 800 nanometers.
8787 59 (vi) Any lamp designed and marketed exclusively for use in a sunlamp product, as
8888 60defined in section 1040.20(b)(9) of subchapter J of title 21 of the Code of Federal Regulations, as
8989 61in effect on the date of enactment of this Act.
9090 62 (m) Sections (d)(1) and (d)(2) do not apply to a lamp designed and marketed exclusively
9191 63for use in medical or veterinary diagnosis or treatment, or in a medical device.
9292 64 (n) Sections (d)(1) and (d)(2) do not apply to a lamp designed and marketed exclusively
9393 65for use in the manufacturing or quality control of pharmaceutical products.
9494 66 (o) Sections (d)(1) and (d)(2) do not apply to a lamp designed and marketed exclusively
9595 67for spectroscopy and photometric applications, such as UV-visible spectroscopy, molecular
9696 68spectroscopy, atomic absorption spectroscopy, nondispersive infrared (NDIR), Fourier transform 5 of 6
9797 69infrared (FTIR), medical analysis, ellipsometry, layer thickness measurement, process
9898 70monitoring, or environmental monitoring.
9999 71 (p) Sections (d)(1) and (d)(2) do not apply to a lamp used by academic and research
100100 72institutions for conducting research projects and experiments.
101101 73 (q) The department may cause periodic inspections to be made of distributors or retailers
102102 74in order to determine compliance with (d)(1) and (d)(2). The department shall investigate
103103 75complaints received concerning violations of (d)(1) and (d)(2).
104104 76 (r) If the department finds that any person has committed a violation of any provision of
105105 77(d)(1) or (d)(2), the department shall issue a warning to such person. Any person who commits a
106106 78violation after the issuance of such warning shall be subject to a civil penalty, issued by the
107107 79department, of up to one hundred dollars for each offense. Any further violations committed by
108108 80such person after this second violation shall be subject to a civil penalty of not more than five
109109 81hundred dollars for each offense. Each lamp offered, sold, or distributed in violation of (d)(1) or
110110 82(d)(2), each violation shall constitute a separate offense, and each day that such violation occurs
111111 83shall constitute a separate offense.
112112 84 (s) If the department finds repeated violations have occurred, it shall report the results of
113113 85such violations to the Attorney General. The Attorney General may institute proceedings to seek
114114 86an injunction in state court to enforce the provisions of (d)(1) or (d)(2).
115115 87 (t) The department may adopt such further regulations as necessary to ensure the proper
116116 88implementation and enforcement of the provisions of (d)(1) and (d)(2). 6 of 6
117117 89 SECTION 4. The department of energy resources shall consult with the department of
118118 90public utilities, the administrators of energy efficiency programs established under section 19 of
119119 91chapter 25, and municipal lighting plants to offer incentives and rebates to offset the costs for
120120 92converting to high-efficiency lighting technologies for eligible homeowners. Eligible
121121 93homeowners shall include any homeowner in the commonwealth that:
122122 94 (a) resides in a house or apartment or other unit of housing built over 50 years before the
123123 95current date; and
124124 96 (b) resides in a home with light ballasts incompatible with non-mercury containing light
125125 97bulbs or lamps.