HB2363eng 103RD GENERAL ASSEMBLY

HB2363 Engrossed LRB103 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.