HB 1417 – AS INTRODUCED
2008 SESSION
06/03
HOUSE BILL 1417
AN ACT relative to banning the sale of low-efficiency light bulbs.
SPONSORS: Rep. Kaelin, Hills 4; Rep. G. Andersen, Graf 11
This bill bans the manufacture and sale of low-efficiency light bulbs.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08-2075
06/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to banning the sale of low-efficiency light bulbs.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Lighting Toxics Reduction. Amend RSA 339 by inserting after section 79 the following new subdivision:
339:80 Definition. In this subdivision:
I. “Department” means department of environmental services.
II. “General purpose lights” means lamps, bulbs, tubes, or other electric devices that provide functional illumination for indoor residential, indoor commercial, and outdoor use. General purpose lights do not include any of the following specialty lighting: appliance, black light, bug, colored, infrared, left-hand thread, marine, marine signal service, mine service, plant light, reflector, rough service, shatter resistant, sign service, silver bowl, showcase, 3-way, traffic signal, vibration service, vibration resistant, or lights needed to provide special-needs lighting for individuals with exceptional needs.
III. “RoHS Directive” means Directive 2002/95/EC, adopted by the European Parliament and the Council of the European Union on January 27, 2003, on the restriction or the use of certain hazardous substances in electrical and electronic equipment.
339:81 Ban on General Purpose Lights.
I. Except as provided in paragraphs IV, V, and VI, on and after January 1, 2010, no person shall manufacture general purpose lights for sale in this state that contain levels of hazardous substances that would result in the prohibition of those general purpose lights being sold or offered for sale in the European Union pursuant to the RoHS Directive.
II. Except as provided in paragraphs IV, V, and VI, on and after January 1, 2010, no person shall sell or offer for sale in this state general purpose light under any of the following circumstances:
(a) The general purpose light being sold or offered for sale was manufactured on and after January 1, 2010, and contains levels of hazardous substances that would result in the prohibition of those general purpose lights being sold or offered for sale in the European Union pursuant to the RoHS Directive.
(b) The manufacturer of the general purpose light sold or being offered for sale fails to provide the documentation to the department required by paragraph VII.
(c) The manufacturer of the general purpose light being sold or offered for sale does not provide the certification required in paragraph VIII.
III. The department shall determine the products covered by the RoHS Directive by reference to authoritative guidance published by the United Kingdom implementing the RoHS Directive in that country.
IV. Paragraphs I, II, VII, and VIII shall not apply to high output and very high output linear fluorescent lamps greater than 32 millimeters in diameter and preheat linear fluorescent lamps.
V. Effective January 1, 2012, paragraphs I, II, VII, and VIII shall apply to high intensity discharge lamps and compact fluorescent lamps greater than 9 inches in length.
VI. Effective January 1, 2014, paragraphs I, II, VII, and VIII shall apply general service incandescent lamps and enhanced spectrum lamps.
VII. A manufacturer of general purpose lights sold or being offered for sale in New Hampshire shall prepare and, at the request of the department, submit within 28 days of the date of the request, technical documentation or other information showing that the manufacturer’s general purpose lights sold or offered for sale in this state comply with the requirements of the RoHS Directive.
VIII. A manufacturer of general purpose lights sold or being offered for sale in New Hampshire shall provide, upon request, a certification to a person who sells or offers for sale that manufacturer’s general purpose lights. The certification shall attest that the general purpose lights do not contain levels of hazardous substances that would result in the prohibition of those general purpose lights being sold or offered for sale in New Hampshire. Alternatively, the manufacturer may display the certification required by this subdivision prominently on the shipping container or on the packaging of general purpose lights.
339:82 Penalty. Any person who violates any provision of RSA 339:81 shall be guilty of a violation.
2 Effective Date. This act shall take effect 60 days after its passage.