senate Bill S6907A

Prohibits mercury-added rotational balancing products

download pdf

Sponsor

Co-Sponsors

Bill Status


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

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.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A9143A
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

Sponsor Memo

BILL NUMBER:S6907A

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

PURPOSE OR GENERAL IDEA OF BILL: To prohibit the sale and use of wheel
weights containing mercury

SPECIFIC PROVISIONS:

Section one amends subdivision 1, 2, and 10 of section 27-2107 of the
environmental conservation law, adds a new subdivision 9 to section
27-2107

Section two amends section 37-0113 of the environmental conservation
law, as added by chapter 994 of the laws of 2010

Section three sets forth the effective date.

JUSTIFICATION: Wheel weights are aftermarket, rotational balancing
products used in cars, trucks, and other rotational devices. While
these rotational products are used to provide balance and longevity,
they are not required for the operation of any products in which they
are installed.

In recent years, many states have begun to phase out mercury wheel
weights, including Connecticut, Louisiana and Rhode Island. There is
also a readily available alternative to mercury-containing wheel
weights. Mercury-free weights are produced in the U.S. and are made of
substances such as aluminum, steel and zinc.

This bill builds upon a previous passed law, Chapter 494 of the laws
of 2010, which prohibited the sale and use of wheel weights containing
lead.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENT: None to the state.

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
________________________________________________________________________

                                 6907--A
    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.
                                                           LBD13937-04-4

S. 6907--A                          2

  (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.
  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. For purposes of this section, the following terms  shall  have  the
following meanings:

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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.