Public Act 0799 103RD GENERAL ASSEMBLY

 


 
Public Act 103-0799
 
HB2363 EnrolledLRB103 04761 CPF 53860 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Environmental Protection Act is amended by
adding Section 21.8 as follows:
 
    (415 ILCS 5/21.8 new)
    Sec. 21.8. Fluorescent lamp bans.
    (a) 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.
    (b) In this Section:
    "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 Delta u, v 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 Delta u, v of +0.024
    and -0.024 in the International Commission on Illumination
    (CIE) Uniform Color Space (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 meaning given in 21 CFR
1040.20(b)(9).
    (c) Beginning January 1, 2026, no person shall sell, offer
to sell, or distribute in the State as a new manufactured
product a screw-base or bayonet-base type compact fluorescent
lamp.
    (d) beginning January 1, 2027, no person shall sell, offer
to sell, or distribute in the State as a new manufactured
product a pin-base type compact fluorescent lamp or a linear
fluorescent lamp.
    (e) The prohibitions in this Section do not apply to the
following:
        (1) A lamp designed and marketed exclusively for image
    capture and projection, including:
            (A) photocopying;
            (B) printing, directly or in preprocessing;
            (C) lithography;
            (D) film or video projection; or
            (E) holography.
        (2) A lamp that has a high proportion of ultraviolet
    light emission and is one of the following:
            (A) a lamp with high ultraviolet content that has
        ultraviolet power greater than 2 milliwatts per
        kilolumen (mW/klm);
            (B) a lamp for germicidal use, such as the
        destruction of DNA, that emits a peak radiation of
        approximately 253.7 nanometers;
            (C) 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;
            (D) a lamp designed and marketed exclusively for
        the generation of ozone where the primary purpose is
        to emit radiation at approximately 185.1 nanometers;
            (E) 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; and
            (F) a lamp designed and marketed exclusively for
        use in a sunlamp product.
        (3) A lamp designed and marketed exclusively for use
    in medical or veterinary diagnosis or treatment or in a
    medical device.
        (4) A lamp designed and marketed exclusively for use
    in the manufacturing or quality control of pharmaceutical
    products.
        (5) A lamp designed and marketed exclusively for
    spectroscopy and photometric applications, such as
    UV-visible spectroscopy, molecular spectroscopy, atomic
    absorption spectroscopy, nondispersive infrared (NDIR)
    spectroscopy, Fourier transform infrared (FTIR)
    spectroscopy, medical analysis, ellipsometry, layer
    thickness measurement, process monitoring, or
    environmental monitoring.
        (6) A lamp used by academic and research institutions
    for conducting research projects and experiments.
        (7) A compact fluorescent lamp used to replace a lamp
    in motor vehicles manufactured on or before January 1,
    2020.
        (8) A compact fluorescent lamp or linear fluorescent
    lamp sold or offered for sale on or before January 1, 2028,
    if there is no LED alternative available.
    (f) Nothing in this Section shall be interpreted to limit
the ability of a utility to offer energy efficient lighting,
rebates, or lamp recycling services, or to claim persisting
energy savings based on fluorescent technology resulting from
such programs, through its energy conservation and
optimization plans approved by the Illinois Commerce
Commission under Section 8-103B of the Public Utilities Act.