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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
_____
H.P. 1160 - L.D. 1814
An Act to Reduce Mercury in the Environment by Phasing Out Certain
Fluorescent Light Bulbs
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §1672, sub-§1, ¶A-2 is enacted to read:
A-2. "Compact fluorescent mercury-added lamp" means a compact, low-pressure,
mercury-containing, electric-discharge light source, whether integrally ballasted or
nonintegrally ballasted and regardless of the tube diameter or length and the shape or
size of the lamp, in which a fluorescent coating transforms a portion of the ultraviolet
energy generated by the mercury discharge into visible light and that:
(1) Has a single base or end cap of any type, including, but not limited to, a screw
base type, a bayonet base type or a 2-pin or 4-pin base type; and
(2) Provides a light emission between a correlated color temperature of 1,700K
and 24,000K and a Duv of +0.024 and -0.024 in the International Commission on
Illumination (CIE) Uniform Color Space (CAM02-UCS).
Sec. 2. 38 MRSA §1672, sub-§1, ¶A-3 is enacted to read:
A-3. "Linear fluorescent mercury-added lamp" means a low-pressure, mercury-
containing, electric-discharge light source, regardless of the tube diameter and the
shape of the lamp, in which a fluorescent coating transforms a portion of the ultraviolet
energy generated by the mercury discharge into visible light and that:
(1) Has 2 bases or end caps of any type, including, but not limited to, a one-pin or
2-pin base type and a recessed double contact base type;
(2) Provides a light emission between a correlated color temperature of 1,700K
and 24,000K and a Duv of +0.024 and -0.024 in the International Commission on
Illumination (CIE) Uniform Color Space (CAM02-UCS); and
(3) Has a tube length of 0.5 feet to 8 feet.
Sec. 3. 38 MRSA §1672, sub-§1, ¶B,
amended to read:
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GOVERNOR'S
SIGNATURE
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B. "Mercury-added lamp" means an electric lamp to which mercury is intentionally
added during the manufacturing process, including, but not limited to, a linear
fluorescent mercury-added lamp, a compact fluorescent, mercury-added lamp and a
black light, high-intensity discharge, ultraviolet and or neon lamps mercury-added
lamp.
Sec. 4. 38 MRSA §1672, sub-§4-A is enacted to read:
4-A. Sales prohibition and exceptions.
not offer for sale, sell or distribute as a new manufactured product a compact fluorescent
mercury-added lamp or a linear fluorescent mercury-added lamp. The prohibition in this
subsection does not apply to the following:
A. A mercury-added lamp that is designed and marketed exclusively for image capture
and projection, including:
(1) Photocopying;
(2) Printing, directly or in preprocessing;
(3) Lithography;
(4) Film or video projection; or
(5) Holography;
B. A mercury-added lamp that has a high proportion of ultraviolet light emission and
that:
(1) Has ultraviolet power greater than 2 milliwatts per kilolumen;
(2) Is designed for germicidal use, including the destruction of deoxyribonucleic
acid, or DNA, that emits a peak radiation of approximately 253.7 nanometers;
(3) Is designed and marketed exclusively for disinfection or fly trapping and from
which:
(a) The radiation power emitted between 250 and 315 nanometers represents
at least 5% of the total radiation power emitted between 250 and 800
nanometers; or
(b) The radiation power emitted between 315 and 400 nanometers represents
at least 20% of the total radiation power emitted between 250 and 800
nanometers;
(4) Is designed and marketed exclusively for the generation of ozone and that has
the primary purpose of emitting radiation at approximately 185.1 nanometers;
(5) Is designed and marketed exclusively for coral zooxanthellae symbiosis and
from which the radiation power emitted between 400 and 480 nanometers
represents at least 40% of the total radiation power emitted between 250 and 800
nanometers; or
(6) Is designed and marketed exclusively for use in a sunlamp product, as defined
in 21 Code of Federal Regulations, Section 1040.20(b)(9) as in effect on January
1, 2024; Page 3 - 131LR0986(06)
C. A mercury-added lamp designed and marketed exclusively for use in medical or
veterinary diagnosis or treatment or in a medical device;
D. A mercury-added lamp designed and marketed exclusively for use in the
manufacturing or quality control of pharmaceutical products;
E. A mercury-added lamp designed and marketed exclusively for spectroscopy and
photometric applications, including, but not limited to, ultraviolet-visible
spectroscopy, molecular spectroscopy, atomic absorption spectroscopy, nondispersive
infrared spectroscopy, Fourier transform infrared spectroscopy, medical analysis,
ellipsometry, layer thickness measurement, process monitoring or environmental
monitoring;
F. A mercury-added lamp designed and marketed exclusively for use by academic and
research institutions for conducting research projects and experiments; or
G. A compact fluorescent mercury-added lamp that is used to replace a lamp in a motor
vehicle that was manufactured on or before January 1, 2020.
The department may investigate complaints received regarding potential violations of this
subsection and, as a result of those investigations, may enforce this subsection in
accordance with sections 347-A and 349, but the department is not required to conduct
compliance inspections of locations where mercury-added lamps or other light sources are
sold or distributed, conduct outreach or education activities related to the prohibition in this
subsection or engage in any other regulatory or enforcement activities related to the
prohibition in this subsection.