S T A T E O F N E W Y O R K
Cal. No. 626
I N S E N A T E
March 27, 2014
Introduced by Sens. GRISANTI, AVELLA, LATIMER -- read twice and ordered
printed, and when printed to be committed to the Committee on Environ-
mental Conservation -- reported favorably from said committee, ordered
to first and second report, ordered to a third reading, amended and
ordered reprinted, retaining its place in the order of third reading
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 9 and 10 of section 27-2107 of the environ-
mental conservation law, subdivision 9 as added by chapter 676 of the
laws of 2005 and subdivision 10 as added by chapter 20 of the laws of
2011, are amended to read as follows:
9. NO LATER THAN APRIL FIRST, TWO THOUSAND SIXTEEN, THE DEPARTMENT
SHALL PROMULGATE REGULATIONS TO PROHIBIT THE SALE, OFFER FOR SALE, OR
DISTRIBUTION OF MERCURY-ADDED ROTATIONAL BALANCING PRODUCTS FOR USE ON
ANY OF THE FOLLOWING DEVICES FOR WHICH A MERCURY-FREE ALTERNATIVE IS
AVAILABLE: ROTATING DEVICES, WHEELS, CLUTCHES, FLY WHEELS, ENGINES,
FANS, MOTORS, PUMPS, CRANK SHAFTS, AND DRIVE SHAFTS.
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
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 eight 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 6907--A 2
(b) The application must include at a minimum, information that demon-
(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-
(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.
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
6. For purposes of this section, the following terms shall have the
S. 6907--A 3
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.