HB2363 103RD GENERAL ASSEMBLY

LRB103 04761 CPF 53860 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2363

Introduced 2/14/2023, by Rep. Nicholas K. Smith

SYNOPSIS AS INTRODUCED:

New Act

Creates the Clean Lighting Act. Prohibits offering for final sale, selling at final sale, or distributing as a new manufactured product (i) a screw or bayonet base compact fluorescent lamp on and after January 1, 2024 and (ii) a pin-base compact fluorescent lamp or a linear fluorescent lamp on and after January 1, 2025. Exempts specified lamps from the Act. Contains enforcement provisions. Allows the Environmental Protection Agency to adopt rules to implement and enforce the Act. Contains a severability provision. Contains other provisions.

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Clean Lighting Act.

Section 5. 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) Removal of mercury and mercury-containing products from the waste stream prior to combustion or disposal is an effective way to reduce mercury pollution.

(4) 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.

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

Section 10. Definitions. In this Act:

"Agency" means the Illinois Environmental Protection Agency.

"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:

(1) One base (end cap) of any type, including, but not limited to, screw, bayonet, 2 pins, and 4 pins.

(2) Integrally ballasted or non-integrally ballasted.

(3) 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).

(4) All tube diameters and all tube lengths.

(5) 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.

"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:

(1) Two bases (end caps) of any type, including, but not limited to, single-pin, two-pin, and recessed double contact.

(2) Light emission between a correlated color temperature of 1700K and 24000K and a Duv of +0.024 and - 0.024 in the CIE CAM02-UCS.

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

(4) All tube lengths from 0.5 to 8.0 feet, inclusive.

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

"Sunlamp product" has the same meaning as defined in paragraph (9) of subsection (b) of Section 1040.20 of Subchapter J of Title 21 of the Code of Federal Regulations.

Section 15. Clean lighting standard.

(a) On and after January 1, 2024, it shall be a violation of this Act 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.

(b) On and after January 1, 2025, it shall be a violation of this Act to offer for final sale, 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.

Section 20. Exemptions. This Act does not apply to the following:

(a) A lamp 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; and

(5) holography.

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

(1) A lamp with high ultraviolet content that has ultraviolet power greater than 2 milliwatts per kilolumen (mW/klm).

(2) A lamp for germicidal use, such as the destruction of DNA, that emits a peak radiation of approximately 253.7 nanometers.

(3) A lamp designed and marketed exclusively for disinfection or fly trapping from which either the radiation power emitted between 250 and 315 nanometers represents at least 5% of, or 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) A lamp designed and marketed exclusively for the generation of ozone where the primary purpose is to emit radiation at approximately 185.1 nanometers.

(5) A lamp designed and marketed exclusively for coral zooxanthellae symbiosis 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.

(6) Any lamp designed and marketed exclusively for use in a sunlamp product, as defined in paragraph (9) of subsection (b) of Section 1040.20 of Subchapter J of Title 21 of the Code of Federal Regulations on the effective date of this Act.

(c) A lamp designed and marketed exclusively for use in medical or veterinary diagnosis or treatment or in a medical device.

(d) A lamp designed and marketed exclusively for use in the manufacturing or quality control of pharmaceutical products.

(e) 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.

(f) A lamp used by academic and research institutions for conducting research projects and experiments.

Section 25. Implementation; enforcement.

(a) The Agency may cause periodic inspections to be made of distributors or retailers in order to determine compliance with this Act. The Agency shall investigate complaints received concerning violations of this Act.

(b) If the Agency finds that any person has committed a violation of any provision of this Act, the Agency shall issue a warning to the person. Any person who commits a second violation after the issuance of the warning shall be subject to a civil penalty, issued by the Agency, of up to $100 for each offense. Any further violations committed by the person after the second violation shall be subject to a civil penalty of not more than $500 for each offense. Each lamp offered, sold, or distributed in violation of Section 15 shall constitute a separate violation, each violation shall constitute a separate offense, and each day that a violation occurs shall constitute a separate offense.

(c) If the Agency finds that repeated violations have occurred, it shall report the results of the violations to the Attorney General. The Attorney General may institute proceedings to seek an injunction in circuit court to enforce this Act.

(d) The Agency may adopt rules as necessary to ensure the proper implementation and enforcement of this Act.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.