senate Bill S6907

Amended

Prohibits mercury-added rotational balancing products

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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

  • 27 / Mar / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 13 / May / 2014
    • 1ST REPORT CAL.626
  • 14 / May / 2014
    • 2ND REPORT CAL.
  • 19 / May / 2014
    • ADVANCED TO THIRD READING
  • 28 / May / 2014
    • AMENDED ON THIRD READING 6907A
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

Prohibits mercury-added rotational balancing products.

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Bill Details

Versions:
S6907
S6907A
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยงยง27-2107 & 37-0113, En Con L

Votes

11
0
11
Aye
0
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Environmental Conservation committee vote details

Sponsor Memo

BILL NUMBER:S6907

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to prohibiting mercury-added rotational balancing products

PURPOSE:

To prohibit the use of mercury added rotational balancing products for
use on certain products including wheels.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 prohibits after April 1 2015 the sale or distribution of any
mercury added rotational balance product for use on wheels, clutches,
fly wheels, engines, fans, motors and pumps, crank shafts, drive
shafts or other rotating devices. Section 2 adds mercury to the
prohibition to the type of wheel weights disallowed under current law.
This section also states that after April 1, 2015 any person replacing
or balancing a tire shall not use wheel weights containing mercury
that was intentionally added. After April 1, 2015 prohibits the sale
of weights for balancing if the weights contain mercury that was
intentionally added to the weight. April 1, 2016 prohibits the sale of
a new motor vehicle that is equipped with weights containing mercury.

Section 3 is the effective date.

JUSTIFICATION:

Mercury has been proven to impair brain development. The Centers for
Disease Control and Prevention estimates that between 300,000 and
630,000 infants each year are born in the United States with mercury
levels high enough to be associated with IQ loss. When products
containing mercury are discarded, they often enter the waste stream,
polluting soil, drinking water sources, and aquatic habitats. In
rivers and the ocean, mercury bioaccumulates.

Mercury is an extremely toxic substance that has been phased out of
many products in New York. It is good environmental policy to limit
and prevent the use of mercury when a readily available and non toxic
substance is available. In the instances covered by this legislation
non-toxic replacements are readily available, as mercury products are
a niche product in this arena. Previously the legislature has limited
the use of lead in wheel weights as the possible danger to the
environment is obvious. One particular type of wheel weight contains
28 ounces of liquid mercury per wheel.

PRIOR LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This bill shall take effect immediately.


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

                                  6907

                            I N  S E N A T E

                             March 27, 2014
                               ___________

Introduced  by Sens. GRISANTI, AVELLA -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Environmental
  Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  prohibiting mercury-added rotational balancing products

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

  Section 1. Subdivisions 1, 2, 9 and 10 of section 27-2107 of the envi-
ronmental  conservation  law, subdivision 1 as amended and subdivision 9
as added by chapter 676 of the laws of 2005, subdivision 2 as  added  by
chapter  145  of the laws of 2004 and subdivision 10 as added by chapter
20 of the laws of 2011, are amended to read as follows:
  1. On [and] OR after January first, two thousand five, no person shall
sell, offer for sale or distribute free  of  charge  in  the  state  any
mercury-added  novelty consumer product. A manufacturer that produces or
sells mercury-added novelty consumer  products  shall  notify  retailers
that sell mercury-added novelty consumer products about such product ban
and  inform  such  retailers of how to properly dispose of the remaining
inventory.
  2. On [and] OR after January first, two thousand five, no person shall
sell, offer for sale or distribute free of charge mercury fever thermom-
eters or mercury body thermometers except by prescription written  by  a
physician.  A  manufacturer of such thermometers shall provide the buyer
or the recipient with notice of mercury content, instructions on  proper
disposal  and instructions that clearly describe how to carefully handle
the thermometer to avoid breakage and on proper cleanup should a  break-
age occur.
  9.  ON  OR  AFTER  APRIL  FIRST, TWO THOUSAND FIFTEEN, NO PERSON SHALL
SELL, OFFER FOR SALE OR DISTRIBUTE ANY MERCURY-ADDED ROTATIONAL  BALANC-
ING  PRODUCT  FOR  USE  ON  WHEELS, CLUTCHES, FLY WHEELS, ENGINES, FANS,
MOTORS AND PUMPS, CRANK SHAFTS, DRIVE SHAFTS, OR OTHER ROTATING DEVICES.
  10. The provisions of subdivisions five, six, seven, [and] eight,  AND
NINE  of this section shall not apply to the sale or distribution of any
mercury-added consumer product delineated in those subdivisions  if  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13937-02-4

S. 6907                             2

use  of  such  product  is  a  federal requirement. The department shall
develop informational materials on the dangers of mercury-added consumer
products, specifically thermometers and barometers, and disseminate such
materials to antique dealers and resale establishments.
  [10.]  11.  The  department  may grant a waiver from the provisions of
[subdivision] SUBDIVISIONS eight AND NINE of this section  upon  request
by the manufacturer of a mercury-added consumer product.
  (a) An application for a waiver shall be in the form prescribed by the
department and document the basis for the requested waiver or renewal of
a  waiver  and  describe  how the manufacturer will ensure that a system
exists for the proper collection, transportation and processing  of  the
mercury-added consumer products at the end of their useful life.
  (b) The application must include at a minimum, information that demon-
strates:
  (i) there are no non-mercury alternatives that are comparable in price
to,  are  as effective in performance as, or are as accurate and precise
as the identified mercury-added consumer product;
  (ii) the use of the mercury-added  consumer  product  provides  a  net
benefit  to  the  environment,  public  health,  or  public  safety when
compared to a non-mercury alternative; or
  (iii) there are other factors affecting the use of non-mercury  alter-
natives.
  (c)  The  manufacturer  must notify the regional multi-state clearing-
house, as identified in section 27-2115 of this title,  of  its  request
for  a waiver pursuant to this subdivision and provide the clearinghouse
with the information required in its waiver application.
  (d) The department may grant or deny, in whole or in part,  a  request
for a waiver. In determining whether to grant or deny a waiver or waiver
renewal,  the  department  may  consult  with  the  clearinghouse, other
states, or regional governmental organizations to promote consistency in
the implementation of this subdivision.
  (e) Waivers shall be granted for a period not  to  exceed  two  years.
Upon  a  request  by the manufacturer, the department may renew a waiver
for a period not to exceed two years if the department  finds  that  the
manufacturer  continues  to meet the requirements for a waiver, that the
manufacturer has complied with all conditions of  the  original  waiver,
and the manufacturer demonstrates that reasonable efforts have been made
to remove mercury from the product subject to the waiver.
  S  2.  Section 37-0113 of the environmental conservation law, as added
by chapter 494 of the laws of 2010, is amended to read as follows:
S 37-0113. Lead AND MERCURY-ADDED wheel [weight] WEIGHTS; prohibited.
  1. On and after April first, two thousand eleven any person  replacing
or  balancing  a tire on a motor vehicle required to be registered under
article fourteen of title four of the vehicle and traffic law, shall not
use a wheel weight or other product for balancing motor  vehicle  wheels
if  the weight or other balancing product contains more than 0.1 percent
lead by weight.
  2. On and after April first, two thousand eleven, a person  shall  not
sell  or  offer  to  sell  or  distribute  weights or other products for
balancing motor vehicle wheels if the weight or other balancing  product
contains more than 0.1 percent lead by weight.
  3.  On  and  after  April first, two thousand twelve, a person may not
sell a new motor vehicle that is equipped with a weight or other product
for balancing motor vehicle wheels if  the  weight  or  other  balancing
product contains more than 0.1 percent lead by weight.

S. 6907                             3

  4.  ON AND AFTER APRIL FIRST, TWO THOUSAND FIFTEEN, ANY PERSON REPLAC-
ING OR BALANCING A TIRE ON A MOTOR VEHICLE  REQUIRED  TO  BE  REGISTERED
UNDER  ARTICLE  FOURTEEN  OF  TITLE FOUR OF THE VEHICLE AND TRAFFIC LAW,
SHALL NOT USE A WHEEL WEIGHT OR OTHER PRODUCT FOR BALANCING MOTOR  VEHI-
CLE  WHEELS  IF  THE  WEIGHT OR OTHER BALANCING PRODUCT CONTAINS MERCURY
THAT WAS INTENTIONALLY ADDED DURING THE MANUFACTURE OF THE PRODUCT.
  5. ON AND AFTER APRIL FIRST, TWO THOUSAND FIFTEEN, A PERSON SHALL  NOT
SELL  OR  OFFER  TO  SELL  OR  DISTRIBUTE  WEIGHTS OR OTHER PRODUCTS FOR
BALANCING MOTOR VEHICLE WHEELS IF THE WEIGHT OR OTHER BALANCING  PRODUCT
CONTAINS  MERCURY THAT WAS INTENTIONALLY ADDED DURING THE MANUFACTURE OF
THE PRODUCT.
  6. ON AND AFTER APRIL FIRST, TWO THOUSAND SIXTEEN, A  PERSON  MAY  NOT
SELL A NEW MOTOR VEHICLE THAT IS EQUIPPED WITH A WEIGHT OR OTHER PRODUCT
FOR  BALANCING  MOTOR  VEHICLE  WHEELS  IF THE WEIGHT OR OTHER BALANCING
PRODUCT CONTAINS MERCURY THAT WAS INTENTIONALLY ADDED DURING  THE  MANU-
FACTURE OF THE PRODUCT.
  7.  For  purposes  of this section, the following terms shall have the
following meanings:
  a. "New motor vehicle" means a motor vehicle that is  required  to  be
registered under article fourteen of title four of the vehicle and traf-
fic  law  that  has  not  been  previously  sold  to any person except a
distributor, wholesaler or motor vehicle dealer for resale.
  b. "Person" means  any  individual,  firm,  association,  partnership,
corporation, organization, or joint venture.
  S 3. This act shall take effect immediately.

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