2023 -- H 5550

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LC000841

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO HEALTH AND SAFETY -- MERCURY REDUCTION AND EDUCATION

ACT

     

     Introduced By: Representatives Handy, Bennett, Edwards, Craven, McNamara, Morales,
Cortvriend, and Fogarty

     Date Introduced: February 15, 2023

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

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     SECTION 1. Findings.

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     The general assembly finds that:

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     (1) Mercury is a persistent and toxic pollutant that bioaccumulates in the environment and

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poses a serious threat to humans, particularly young children, and wildlife.

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     (2) Human exposure to mercury can result in nervous system, kidney, and liver damage

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and impaired childhood development.

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     (3) All fluorescent lamps contain mercury and can create an immediate public health and

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environmental hazard when they accidentally break during installation, use, transportation, storage,

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recycling, or disposal.

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

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     (5) LED replacements for fluorescent lamps are widely available for the range of

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fluorescent lamps used to light businesses and homes and last two (2) to three (3) times longer.

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     SECTION 2. Chapter 23-24.9 of the General Laws entitled "Mercury Reduction and

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Education Act" is hereby amended by adding thereto the following section:

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     23-24.9-6.1. Prohibition on fluorescent lamps.

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     (a) As used in this section, the following words shall have the following meanings:

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     (1) “Compact fluorescent lamp” means a compact low-pressure, mercury-containing,

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electric-discharge light source in which a fluorescent coating transforms some of the ultraviolet

 

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energy generated by the mercury discharge into visible light, and includes all of the following

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characteristics:

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     (i) One base (endcap) of any type, including, but not limited to, screw, bayonet, two (2)

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pins, and four (4) pins;

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     (ii) Integrally ballasted or nonintegrally ballasted;

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     (iii) Light emission between a correlated color temperature of 1700K and 24000K and a

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Duv of +0.024 and -0.024 in the International Commission on Illumination (CIE) Uniform Color

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Space (CAM02-UCS);

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     (iv) All tube diameters and all tube lengths; and

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     (v) All lamp sizes and shapes for directional and nondirectional installations including, but

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not limited to, PL, spiral, twin tube, triple twin, 2D, U-bend, and circular.

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     (2) “Linear fluorescent lamp” means a low-pressure, mercury-containing, electric-

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discharge light source in which a fluorescent coating transforms some of the ultraviolet energy

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generated by the mercury discharge into visible light, and includes all of the following

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characteristics:

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     (i) Two (2) bases (endcaps) of any type, including single-pin, two (2)-pin, or recessed

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double contact;

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     (ii) Light emission between a correlated color temperature of 1700K and 24000K and a

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Duv of +0.024 and -0.024 in the International Commission on Illumination (CIE) Uniform Color

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Space (CAM02-UCS);

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

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     (iv) All tube lengths from one-half (1/2) to eight (8.0) feet inclusive; and

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

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     (b) On and after January 1, 2024, it shall be a violation of this section to offer for final sale,

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sell at final sale or distribute in this state as a new manufactured product a screw or bayonet base

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type compact fluorescent lamp.

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

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sell at final sale or distribute in this state as a new manufactured product a pin-base type compact

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fluorescent lamp or a linear fluorescent lamp.

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     (d) This section does not apply to the following:

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     (1) A lamp designed and marketed exclusively for image capture and projection, including:

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     (i) Photocopying;

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     (ii) Printing, directly or in preprocessing;

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     (iii) Lithography;

 

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     (iv) Film and video projection; and

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     (v) Holography.

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

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following:

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     (i) A lamp with high ultraviolet content that has ultraviolet power greater than two (2)

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milliwatts per kilolumen (mW/klm);

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     (ii) A lamp for germicidal use, such as the destruction of DNA, that emits a peak radiation

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of approximately two hundred fifty-three and seven-tenths (253.7) nanometers;

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     (iii) A lamp designed and marketed exclusively for disinfection or fly trapping from which

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either the radiation power emitted between two hundred fifty (250) and three hundred fifteen (315)

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nanometers represents at least five percent (5%) of, or the radiation power emitted between three

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hundred fifteen (315) and four hundred (400) nanometers represents at least twenty percent (20%)

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percent of, the total radiation power emitted between two hundred fifty (250) and eight hundred

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(800) nanometers;

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     (iv) A lamp designed and marketed exclusively for the generation of ozone where the

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primary purpose is to emit radiation at approximately one hundred eighty-five and one-tenth

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(185.1) nanometers;

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     (v) A lamp designed and marketed exclusively for coral zooxanthellae symbiosis from

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which the radiation power emitted between four hundred (400) and four hundred eighty (480)

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nanometers represents at least forty percent (40%) of the total radiation power emitted between two

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hundred fifty (250) and eight hundred (800) nanometers.

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     (vi) Any ultraviolet lamp designed and marketed exclusively for use in a sunlamp product,

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as defined as a phototherapy product in subchapter J of title 21 of the Code of Federal Regulations,

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as in effect on the effective date of this section.

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     (3) A lamp designed and marketed exclusively for use in medical or veterinary diagnosis

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or treatment, or in a medical device.

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     (4) A lamp designed and marketed exclusively for use in the manufacturing or quality

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control of pharmaceutical products.

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     (5) A lamp designed and marketed exclusively for spectroscopy and photometric

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applications, such as UV-visible spectroscopy, molecular spectroscopy, atomic absorption

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spectroscopy, nondispersive infrared (NDIR), Fourier transform infrared (FTIR), medical analysis,

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ellipsometry, layer thickness measurement, process monitoring, or environmental monitoring.

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     (6) A lamp used by academic and research institutions for conducting research projects and

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experiments.

 

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     (e)(1) The department may cause periodic inspections to be made of distributors or retailers

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in order to determine compliance with the provisions of this section. The department shall

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investigate complaints received concerning violations of this section.

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     (2) If the department finds that any person has committed a violation of any provision of

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this section, the department shall issue a warning to such person. Any person who commits a

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violation after the issuance of such warning and any further violations committed by such person

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shall be subject to a civil penalty pursuant to the provisions of § 23-24.9-16. Each lamp offered,

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sold, or distributed in violation of subsection (b) of this section shall constitute a separate violation,

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each violation shall constitute a separate offense, and each day that such violation occurs shall

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constitute a separate offense.

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     (3) If the department finds repeated violations have occurred, it shall report the results of

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such violations to the attorney general. The attorney general may institute proceedings to seek an

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injunction in superior court to enforce the provisions of this section.

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     (4) The department may adopt such further regulations as necessary to ensure the proper

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implementation and enforcement of the provisions of this section.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- MERCURY REDUCTION AND EDUCATION

ACT

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     This act would prohibit, beginning January 1, 2024, any screw or bayonet base type

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compact fluorescent lamp to be offered for final sale, sold at final sale, or distributed in the state as

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a new manufactured product. After January 1, 2025, this act would also prohibit pin-base type

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compact fluorescent lamp or a linear fluorescent lamp to be offered for final sale, sold at final sale,

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or distributed in the state as a new manufactured product. Violations of this act would result in civil

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penalties as enforced by the department of environmental management (DEM).

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     This act would take effect upon passage.

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