Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S538 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 1704 FILED ON: 1/19/2023
3	3	SENATE . . . . . . . . . . . . . . No. 538
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Susan L. Moran
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 :Susan L. MoranPlymouth and BarnstableThomas M. Stanley9th Middlesex2/8/2023Michael O. MooreSecond Worcester2/15/2023 1 of 6
16	16	SENATE DOCKET, NO. 1704 FILED ON: 1/19/2023
17	17	SENATE . . . . . . . . . . . . . . No. 538
18	18	By Ms. Moran, a petition (accompanied by bill, Senate, No. 538) of Susan L. Moran, Thomas M.
19	19	Stanley and Michael O. Moore for legislation relative to clean lighting. Environment and
20	20	Natural Resources.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to clean lighting.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 2 of Chapter 21H of the General Laws, as appearing in the 2020
30	30	2Official Edition, is hereby amended by striking out the definition of “Mercury-added Lamp” and
31	31	3inserting in place thereof the following definitions:-
32	32	4 “Compact fluorescent lamp” means a compact low-pressure, mercury-containing,
33	33	5electric-discharge light source in which a fluorescent coating transforms some of the ultraviolet
34	34	6energy generated by the mercury discharge into visible light, and includes all of the following
35	35	7characteristics:
36	36	8 (i) One base (end cap) of any type, including, but not limited to, screw, bayonet, two pins,
37	37	9and four pins.
38	38	10 (ii) Integrally ballasted or non-integrally ballasted. 2 of 6
39	39	11 (iii) Light emission between a correlated color temperature of 1700K and 24000K and a
40	40	12Duv of +0.024 and -0.024 in the International Commission on Illumination (CIE) Uniform Color
41	41	13Space (CAM02-UCS).
42	42	14 (iv) All tube diameters and all tube lengths.
43	43	15 (v) All lamp sizes and shapes for directional and nondirectional installations, including,
44	44	16but not limited to, PL, spiral, twin tube, triple twin, 2D, U-bend, and circular.
45	45	17 “Linear fluorescent lamp” means a low-pressure, mercury-containing, electric-discharge
46	46	18light source in which a fluorescent coating transforms some of the ultraviolet energy generated
47	47	19by the mercury discharge into visible light, and includes all of the following characteristics:
48	48	20 (i) Two bases (end caps) of any type, including, but not limited to, single-pin, two-pin,
49	49	21and recessed double contact.
50	50	22 (ii) Light emission between a correlated color temperature of 1700K and 24000K and a
51	51	23Duv of +0.024 and -0.024 in the CIE CAM02-UCS.
52	52	24 (iii) All tube diameters, including, but not limited to, T5, T8, T10, and T12.
53	53	25 (iv) All tube lengths from 0.5 to 8.0 feet, inclusive.
54	54	26 (v) All lamp shapes, including, but not limited to, linear, U-bend, and circular.
55	55	27 SECTION 2. Section 6J of Chapter 21H of the General Laws, as so appearing, is hereby
56	56	28amended by striking out sections (d)(1) and (d)(2) in their entirety and inserting in place thereof
57	57	29the following:- 3 of 6
58	58	30 (d)(1) On and after January 1, 2024, no person shall offer for final sale or distribute in
59	59	31this state as a new manufactured product a screw or bayonet base type compact fluorescent lamp.
60	60	32 (d)(2) On and after January 1, 2025, no person shall offer for final sale or distribute in
61	61	33this state as a new manufactured product a pin-base type compact fluorescent lamp or a linear
62	62	34fluorescent lamp.
63	63	35 SECTION 3. Section 6J of Chapter 21H of the General Laws, as so appearing, is hereby
64	64	36further amended by adding the following sections:-
65	65	37 (k) Sections (d)(1) and (d)(2) do not apply to a lamp designed and marketed exclusively
66	66	38for image capture and projection, including:
67	67	39 (i)photocopying;
68	68	40 (ii)printing, directly or in preprocessing;
69	69	41 (iii)lithography;
70	70	42 (iv)film and video projection; and
71	71	43 (v)holography.
72	72	44 (l) Sections (d)(1) and (d)(2) do not apply to a lamp that has a high proportion of
73	73	45ultraviolet light emission and is one of the following:
74	74	46 (i) A lamp with high ultraviolet content that has ultraviolet power greater than two
75	75	47milliwatts per kilolumen (mW/klm). 4 of 6
76	76	48 (ii) A lamp for germicidal use, such as the destruction of DNA, that emits a peak
77	77	49radiation of approximately 253.7 nanometers.
78	78	50 (iii) A lamp designed and marketed exclusively for disinfection or fly trapping from
79	79	51which either the radiation power emitted between 250 and 315 nanometers represents at least 5
80	80	52percent of, or the radiation power emitted between 315 and 400 nanometers represents at least 20
81	81	53percent of, the total radiation power emitted between 250 and 800 nanometers.
82	82	54 (iv) A lamp designed and marketed exclusively for the generation of ozone where the
83	83	55primary purpose is to emit radiation at approximately 185.1 nanometers.
84	84	56 (v) A lamp designed and marketed exclusively for coral zooxanthellae symbiosis from
85	85	57which the radiation power emitted between 400 and 480 nanometers represents at least 40
86	86	58percent of the total radiation power emitted between 250 and 800 nanometers.
87	87	59 (vi) Any lamp designed and marketed exclusively for use in a sunlamp product, as
88	88	60defined in section 1040.20(b)(9) of subchapter J of title 21 of the Code of Federal Regulations, as
89	89	61in effect on the date of enactment of this Act.
90	90	62 (m) Sections (d)(1) and (d)(2) do not apply to a lamp designed and marketed exclusively
91	91	63for use in medical or veterinary diagnosis or treatment, or in a medical device.
92	92	64 (n) Sections (d)(1) and (d)(2) do not apply to a lamp designed and marketed exclusively
93	93	65for use in the manufacturing or quality control of pharmaceutical products.
94	94	66 (o) Sections (d)(1) and (d)(2) do not apply to a lamp designed and marketed exclusively
95	95	67for spectroscopy and photometric applications, such as UV-visible spectroscopy, molecular
96	96	68spectroscopy, atomic absorption spectroscopy, nondispersive infrared (NDIR), Fourier transform 5 of 6
97	97	69infrared (FTIR), medical analysis, ellipsometry, layer thickness measurement, process
98	98	70monitoring, or environmental monitoring.
99	99	71 (p) Sections (d)(1) and (d)(2) do not apply to a lamp used by academic and research
100	100	72institutions for conducting research projects and experiments.
101	101	73 (q) The department may cause periodic inspections to be made of distributors or retailers
102	102	74in order to determine compliance with (d)(1) and (d)(2). The department shall investigate
103	103	75complaints received concerning violations of (d)(1) and (d)(2).
104	104	76 (r) If the department finds that any person has committed a violation of any provision of
105	105	77(d)(1) or (d)(2), the department shall issue a warning to such person. Any person who commits a
106	106	78violation after the issuance of such warning shall be subject to a civil penalty, issued by the
107	107	79department, of up to one hundred dollars for each offense. Any further violations committed by
108	108	80such person after this second violation shall be subject to a civil penalty of not more than five
109	109	81hundred dollars for each offense. Each lamp offered, sold, or distributed in violation of (d)(1) or
110	110	82(d)(2), each violation shall constitute a separate offense, and each day that such violation occurs
111	111	83shall constitute a separate offense.
112	112	84 (s) If the department finds repeated violations have occurred, it shall report the results of
113	113	85such violations to the Attorney General. The Attorney General may institute proceedings to seek
114	114	86an injunction in state court to enforce the provisions of (d)(1) or (d)(2).
115	115	87 (t) The department may adopt such further regulations as necessary to ensure the proper
116	116	88implementation and enforcement of the provisions of (d)(1) and (d)(2). 6 of 6
117	117	89 SECTION 4. The department of energy resources shall consult with the department of
118	118	90public utilities, the administrators of energy efficiency programs established under section 19 of
119	119	91chapter 25, and municipal lighting plants to offer incentives and rebates to offset the costs for
120	120	92converting to high-efficiency lighting technologies for eligible homeowners. Eligible
121	121	93homeowners shall include any homeowner in the commonwealth that:
122	122	94 (a) resides in a house or apartment or other unit of housing built over 50 years before the
123	123	95current date; and
124	124	96 (b) resides in a home with light ballasts incompatible with non-mercury containing light
125	125	97bulbs or lamps.