Assembly Bill A11145

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

                                  11145

                          I N  A S S E M B L Y

                              May 20, 2010
                               ___________

Introduced  by M. of A. JAFFEE, SWEENEY -- read once and referred to the
  Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  mercury-added consumer products

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

  Section 1. Subdivision 8  of  section  27-2107  of  the  environmental
conservation  law,  as  added  by  chapter  676  of the laws of 2005, is
amended to read as follows:
  8. On or after January first, two thousand [eight, but no  later  than
February  twentieth,  two  thousand  eight,  and thereafter upon written
request, but not more than once a year, the commissioner shall  issue  a
written finding as to whether non-mercury alternatives are comparable in
price  to,  are  as effective in performance as, and are as accurate and
precise as] ELEVEN, NO PERSON SHALL SELL, OFFER FOR SALE  OR  DISTRIBUTE
ANY  mercury  [sphygmomanometers]  SPHYGMOMANOMETER, mercury wetted reed
[relays] RELAY, mercury flame [sensors]  SENSOR,  mercury  [thermometers
other than thermometers prohibited from sale pursuant to subdivision two
of  this  section]  THERMOMETER,  or  mercury  [thermostats] THERMOSTAT,
except for mercury thermostats used by  a  blind  or  visually  impaired
person.  [Upon making an affirmative finding that a non-mercury alterna-
tive is comparable in price to, is as effective in performance  as,  and
is as accurate and precise as any mercury-added consumer product deline-
ated  in  this  subdivision,  no  person  shall  sell, offer for sale or
distribute such mercury-added consumer product for which the commission-
er has made such an affirmative finding.] The provisions of this  subdi-
vision  shall not apply to the sale or distribution of any mercury-added
consumer product delineated in this subdivision [for which  the  commis-
sioner has made such an affirmative finding,] if such product is used to
replace  a  product that is a component in a larger product in use prior
to [the issuance of such affirmative finding] JANUARY FIRST,  TWO  THOU-
SAND  ELEVEN or the resale of any mercury-added consumer product deline-
ated in this subdivision[, for which the commissioner has made  such  an

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17206-01-0
              

A. 11145                            2

affirmative finding,] manufactured prior to [the issuance of such affir-
mative finding] JANUARY FIRST, TWO THOUSAND ELEVEN.
  S  2. Section 27-2107 of the environmental conservation law is amended
by adding a new subdivision 10 to read as follows:
  10. THE DEPARTMENT MAY GRANT A WAIVER FROM THE PROVISIONS OF  SUBDIVI-
SION  EIGHT OF THIS SECTION UPON REQUEST BY THE MANUFACTURER OF A MERCU-
RY-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 3. This act shall take effect immediately; provided,  however,  that
any  written  findings of the commissioner of environmental conservation
issued pursuant to subdivision 8 of section 27-2107 of the environmental
conservation law, as it existed prior to the amendments made by  section
one  of this act, shall remain in full force and effect until January 1,
2011 and upon that date shall be deemed repealed.