NY State Senate Bill 2013-S6907A

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2014	committed to rules
May 28, 2014	amended on third reading 6907a
May 19, 2014	advanced to third reading
May 14, 2014	2nd report cal.
May 13, 2014	1st report cal.626
Mar 27, 2014	referred to environmental conservation

Votes

- May 13, 2014 - Environmental Conservation Committee Vote
  S6907A
  
  11
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: May 13, 2014
      
      aye (11)
      
      Espaillat
      
      Grisanti
      
      LaValle
      
      Latimer
      
      Little
      
      Marcellino
      
      Maziarz
      
      O'Brien
      
      Serrano
      
      Tkaczyk
      
      Young
      
      aye wr (2)
      
      Avella
      
      O'Mara

Bill Amendments

Original

A (Active)

co-Sponsors

2013-S6907 - Details

See Assembly Version of this Bill:: A9143
Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§27-2107 & 37-0113, En Con L
Versions Introduced in 2015-2016 Legislative Session:: S5322, A172

2013-S6907 - Summary

Prohibits mercury-added rotational balancing products.

2013-S6907 - 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.

2013-S6907 - Bill Text download pdf

                            
                    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.

co-Sponsors

2013-S6907A (ACTIVE) - Details

See Assembly Version of this Bill:: A9143
Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§27-2107 & 37-0113, En Con L
Versions Introduced in 2015-2016 Legislative Session:: S5322, A172

2013-S6907A (ACTIVE) - Summary

Prohibits mercury-added rotational balancing products.

2013-S6907A (ACTIVE) - Sponsor Memo

2013-S6907A (ACTIVE) - Bill Text download pdf

                            
                    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 is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S6907A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

May 13, 2014 - Environmental Conservation Committee Vote

Environmental Conservation Committee Vote: May 13, 2014

Bill Amendments

co-Sponsors

2013-S6907 - Details

2013-S6907 - Summary

2013-S6907 - Sponsor Memo

2013-S6907 - Bill Text download pdf

co-Sponsors

2013-S6907A (ACTIVE) - Details

2013-S6907A (ACTIVE) - Summary

2013-S6907A (ACTIVE) - Sponsor Memo

2013-S6907A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6907A

Share this bill

Sponsored By

Mark Grisanti

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

Tony Avella

George Latimer

2013-S6907 - Details

2013-S6907 - Summary

2013-S6907 - Sponsor Memo

2013-S6907 - Bill Text download pdf

co-Sponsors

Tony Avella

Brad Hoylman-Sigal

George Latimer

2013-S6907A (ACTIVE) - Details

2013-S6907A (ACTIVE) - Summary

2013-S6907A (ACTIVE) - Sponsor Memo

2013-S6907A (ACTIVE) - Bill Text download pdf

Comments