senate Bill S4619A

Relates to the reduction of mercury in mercury-added lamps

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 13 / Apr / 2011
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 21 / Dec / 2011
    • AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 21 / Dec / 2011
    • PRINT NUMBER 4619A
  • 04 / Jan / 2012
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

Relates to the reduction of mercury in mercury-added lamps.

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Bill Details

Versions:
S4619
S4619A
Legislative Cycle:
2011-2012
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยงยง27-2101, 27-2107, 27-2111 & 71-2724, En Con L
Versions Introduced in 2009-2010 Legislative Cycle:
A10100C, S7966A

Sponsor Memo

BILL NUMBER:S4619A

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to the
reduction of mercury in mercury-added
lamps

PURPOSE OR GENERAL IDEA OF BILL:
To reduce the health and
environmental risks posed by mercury-added lamps.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends section 27-2101 of the environmental
conservation law by adding new subdivisions 30, 31, 32, 33, and 34
defining terms used in the bill.

Section 2 of the bill amends section 27-2107 of the environmental
conservation law by adding new subdivisions 11 and 12. Subdivision 11
prohibits producers of mercury-added lamps from selling, offering for
sale, or distributing such lamps that fail to meet mercury content
standards set by the department of environmental conservation, and to
set forth the maximum permissible mercury content for certain
mercury-added lamps. Subdivision 12 provides for exceptions for
certain special purpose lamps.

Section 3 of the bill amends section 27-2111 of the environmental
conservation law to authorize the department to promulgate and
enforce regulations providing for mercury content standards not
inconsistent with section 27-2107.

Sections 4 and 5 of the bill amend section 71-2724 of the
environmental conservation law by amending subdivision 1 and adding a
new subdivision 2-a to provide for penalties for violations of
subdivision 11 of section 27-2107.

Section 6 of the bill sets forth the effective date.

JUSTIFICATION:
Many lighting products, including compact fluorescent lamps and others
that offer environmental benefits like longer life and greater energy
efficiency, also pose a risk to the people's health and to the
environment in that they contain mercury, a hazardous material, added
during the manufacturing process. When a mercury-added lamp breaks
during normal use or when it is discarded, it may release mercury.
This legislation would minimize the amount of mercury present in
lamps sold in New York. The European Union, California, and Maine
have also adopted laws that set maximum mercury content limits for
many types of lamps. The National Electrical Manufacturers
Association (NEMA) has also recommended mercury content limits for
mercury-added lamps, and many of its member organizations have
voluntarily complied.

PRIOR LEGISLATIVE HISTORY:
2009-10: S.7966-A (Thompson)


FISCAL IMPACT ON THE STATE:
Minimal.

LOCAL FISCAL IMPACT:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4619--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 13, 2011
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT  to amend the environmental conservation law, in relation to the
  reduction of mercury in mercury-added lamps

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.   Section 27-2101 of the environmental conservation law is
amended by adding five new subdivisions 30, 31, 32, 33, and 34  to  read
as follows:
  30.  "MERCURY-ADDED  LAMP"  MEANS AN ELECTRIC LAMP TO WHICH MERCURY OR
MERCURY COMPOUNDS ARE INTENTIONALLY ADDED DURING THE MANUFACTURING PROC-
ESS, INCLUDING, BUT NOT LIMITED TO,  COMPACT  FLUORESCENT  LAMPS,  HALO-
PHOSPHATE  STRAIGHT  FLUORESCENT LAMPS, AND TRIPHOSPHATE (TRIBAND PHOSP-
HATES) STRAIGHT FLUORESCENT LAMPS WITH NORMAL OR LONG LIFETIME.
  31. "PRODUCER OF MERCURY-ADDED LAMPS" MEANS ANY PERSON WHO:
  (A) MANUFACTURES AND SELLS MERCURY-ADDED LAMPS UNDER ITS OWN BRAND;
  (B) RESELLS UNDER ITS OWN BRAND EQUIPMENT PRODUCED BY OTHER SUPPLIERS,
A RESELLER NOT BEING REGARDED AS THE PRODUCER OF MERCURY-ADDED LAMPS  IF
THE  BRAND  OF THE PRODUCER OF MERCURY-ADDED LAMPS APPEARS ON THE EQUIP-
MENT, AS PROVIDED FOR IN PARAGRAPH (A) OF THIS SUBDIVISION;
  (C) IMPORTS OR  EXPORTS  ELECTRICAL  AND  ELECTRONIC  EQUIPMENT  ON  A
PROFESSIONAL BASIS; OR
  (D)  SERVES AS THE IMPORTER OR DOMESTIC DISTRIBUTOR OF A MERCURY-ADDED
LAMP IF THE BRAND NAME OWNER IS LOCATED OUTSIDE OF THE UNITED STATES.
  32. "GENERAL PURPOSE LIGHTS" MEANS THE FOLLOWING LAMPS, BULBS,  TUBES,
OR  OTHER  ELECTRIC  DEVICES  THAT  PROVIDE  FUNCTIONAL ILLUMINATION FOR
INDOOR RESIDENTIAL, INDOOR COMMERCIAL, AND OUTDOOR USE: COMPACT FLUORES-
CENT LAMPS UP TO NINE INCHES IN LENGTH AND STRAIGHT FLUORESCENT LAMPS UP
TO FIFTY INCHES IN LENGTH WITH A MEDIUM BI-PIN OR MINIATURE BI-PIN BASE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00822-04-1

S. 4619--A                          2

THAT OPERATE ON AN INSTANT  START,  RAPID  START,  OR  PROGRAMMED  START
BALLAST. GENERAL PURPOSE LIGHTS SHALL NOT INCLUDE T12 LAMPS THAT OPERATE
ON  A  REFERENCE  CURRENT  GREATER THAN FOUR HUNDRED FIFTY MILLIAMPS, T8
LAMPS  THAT  OPERATE  ON  A REFERENCE CURRENT GREATER THAN THREE HUNDRED
FIFTY MILLIAMPS, OR SPECIAL PURPOSE LIGHTS.
  33. "SPECIAL PURPOSE LIGHTS" MEANS THE FOLLOWING  SPECIALTY  LIGHTING:
APPLIANCE,  BLACK  LIGHT, GERMICIDAL, BUG, COLORED, PLANT LIGHT, REFLEC-
TOR, REPROGRAPHIC, SHATTER RESISTANT, COLD TEMPERATURE, OR THREE-WAY.
  34. "LONG LIFETIME" MEANS MORE THAN TWENTY-FOUR  THOUSAND  HOURS  WHEN
TESTED  ON  AN ELECTRONIC OR ELECTROMAGNETIC BALLAST, INCLUDING, BUT NOT
LIMITED TO, A T8 INSTANT START BALLAST, A T12 RAPID START BALLAST, OR  A
T5  PROGRAMMED  START  BALLAST,  AND TURNED ON AND OFF EVERY THREE HOURS
("THREE HOUR STARTS").
  S 2. Section 27-2107 of the environmental conservation law is  amended
by adding two new subdivisions 11 and 12 to read as follows:
  11.  ON AND AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN, NO PRODUCER OF
MERCURY-ADDED LAMPS SHALL SELL, OFFER FOR SALE, OR DISTRIBUTE SUCH LAMPS
THAT FAIL TO MEET MERCURY CONTENT STANDARDS ADOPTED BY  THE  DEPARTMENT,
AND  FOR  THE FOLLOWING GENERAL PURPOSE LIGHTS, MERCURY CONTENT SHALL BE
NO HIGHER THAN:
  (A) FIVE MILLIGRAMS FOR COMPACT FLUORESCENT LAMPS;
  (B) TEN MILLIGRAMS FOR HALOPHOSPHATE STRAIGHT FLUORESCENT LAMPS;
  (C) FIVE MILLIGRAMS FOR TRIPHOSPHATE STRAIGHT FLUORESCENT LAMPS WITH A
NORMAL LIFETIME;
  (D) EIGHT MILLIGRAMS FOR TRIPHOSPHATE STRAIGHT FLOURESCENT LAMPS  WITH
A LONG LIFETIME.
  12. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTEEN, MERCURY
CONTENT  STANDARDS ESTABLISHED IN ACCORDANCE WITH THIS SECTION SHALL NOT
APPLY TO SPECIAL PURPOSE LIGHTS.
  S 3. Section 27-2111 of the environmental conservation law, as amended
by chapter 676 of the laws of 2005, is amended to read as follows:
S 27-2111. Regulations.
  The department shall promulgate and enforce any regulations  necessary
to implement the provisions of this title.
  Such  regulations  shall provide for the proper storage, recycling and
disposal of mercury-added  consumer  products  at  facilities  regulated
pursuant to titles seven and nine of this article.
  SUCH  REGULATIONS MAY PROVIDE FOR MERCURY CONTENT STANDARDS FOR MERCU-
RY-ADDED LAMPS NOT INCONSISTENT WITH SECTION 27-2107 OF THIS TITLE.
  S 4. Subdivision 1 of section 71-2724 of the  environmental  conserva-
tion  law,  as  added  by chapter 145 of the laws of 2004, is amended to
read as follows:
  1. Any person who knowingly or intentionally violates any provision of
or fails to perform any duty pursuant to  title  twenty-one  of  article
twenty-seven  of this chapter, except subdivision one of section 27-2105
AND SUBDIVISION ELEVEN OF SECTION 27-2107 of this  chapter,  shall  upon
the  first finding of such a violation be liable for a civil penalty not
to exceed one hundred dollars. Any  person  convicted  of  a  second  or
subsequent  violation  shall be liable for a civil penalty not to exceed
five hundred dollars for each violation.
  S 5. Section 71-2724 of the environmental conservation law is  amended
by adding a new subdivision 2-a to read as follows:
  2-A.  ANY  PERSON  WHO KNOWINGLY OR INTENTIONALLY VIOLATES OR FAILS TO
PERFORM ANY DUTY IMPOSED BY SUBDIVISION ELEVEN  OF  SECTION  27-2107  OF
THIS  CHAPTER  OR ANY OF THE PROVISIONS, RULE, OR REGULATION PROMULGATED
PURSUANT THERETO SHALL BE PUNISHABLE IN THE CASE OF A  FIRST  VIOLATION,

S. 4619--A                          3

BY  A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND DOLLARS. IN THE CASE OF A
SECOND AND ANY FURTHER VIOLATION, THE LIABILITY SHALL  BE  FOR  A  CIVIL
PENALTY NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS FOR EACH VIOLATION.
  S 6. This act shall take effect immediately.

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