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

                                  3258

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2009
                               ___________

Introduced by M. of A. BENJAMIN, BROOK-KRASNY, COLTON, WALKER, ESPAILLAT
  --  Multi-Sponsored  by -- M. of A. CLARK -- read once and referred to
  the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  establishing the lighting efficiency and toxics reduction act

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

  Section 1. The environmental conservation law is amended by  adding  a
new article 50 to read as follows:
                               ARTICLE 50
              LIGHTING EFFICIENCY AND TOXICS REDUCTION ACT
SECTION 50-0101. SHORT TITLE.
        50-0103. LEGISLATIVE FINDINGS.
        50-0105. REDUCTION IN THE USE OF TOXIC MATERIALS.
        50-0107. DEFINITIONS.
        50-0109. RESPONSIBILITIES OF MANUFACTURERS.
        50-0111. STATEWIDE   ELECTRICAL  ENERGY  CONSUMPTION  LIMIT  FOR
                   LIGHTING.
        50-0113. REDUCTION IN STATEWIDE  ELECTRICAL  ENERGY  CONSUMPTION
                   FOR LIGHTING.
S 50-0101. SHORT TITLE.
  THIS  ACT  SHALL BE KNOWN AND MAY BE CITED AS THE "LIGHTING EFFICIENCY
AND TOXICS REDUCTION ACT".
S 50-0103. LEGISLATIVE FINDINGS.
  THE LEGISLATURE FINDS AND DECLARES ALL OF THE FOLLOWING:
  1. MANY  EXISTING  LIGHTING  CHOICES  CONTAIN  TOXIC  MATERIALS.  MOST
FLUORESCENT  LIGHTING PRODUCTS CONTAIN HAZARDOUS LEVELS OF MERCURY. MOST
INCANDESCENT LIGHTING PRODUCTS CONTAIN HAZARDOUS  LEVELS  OF  LEAD.  NEW
YORK  STATE  PROHIBITS  DISPOSING  OF HAZARDOUS LIGHTING PRODUCTS IN THE
SOLID WASTE STREAM. THE HAZARDOUS MATERIAL  IN  THESE  PRODUCTS  CAN  BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05766-01-9

              

A. 3258                             2

MANAGED  THROUGH  RECYCLING,  BUT  CURRENT  RECYCLING  OPPORTUNITIES AND
LEVELS ARE VIRTUALLY NONEXISTENT FOR MOST CONSUMERS.
  2. FLUORESCENT LIGHTING PRODUCTS DELIVERING THE SAME LEVEL OF LIGHT AT
THE SAME LEVEL OF EFFICIENCY CAN HAVE WIDELY VARYING LEVELS OF MERCURY.
S 50-0105. REDUCTION IN THE USE OF TOXIC MATERIALS.
  THE DEPARTMENT SHALL, AFTER ONE OR MORE PUBLIC HEARINGS, DO ALL OF THE
FOLLOWING,  IN  ORDER  TO  REDUCE  THE USE OF TOXIC MATERIALS IN GENERAL
PURPOSE LIGHTS SOLD IN THIS STATE:
  1. PRESCRIBE, BY REGULATION,  A  SCHEDULE  FOR  REDUCING  THE  MAXIMUM
LEVELS  OF  MERCURY  PER  LUMEN  HOUR  IN GENERAL PURPOSE LIGHTS SOLD OR
AVAILABLE FOR SALE IN THIS STATE.
  2. PRESCRIBE, BY REGULATION,  A  SCHEDULE  FOR  REDUCING  THE  MAXIMUM
LEVELS  OF  LEAD  IN  GENERAL PURPOSE LIGHTS SOLD OR OFFERED FOR SALE IN
THIS STATE.
S 50-0107. DEFINITIONS.
  1. (A) FOR PURPOSES OF THIS ARTICLE, "GENERAL  PURPOSE  LIGHTS"  MEANS
LAMPS,  BULBS,  TUBES,  OR OTHER DEVICES THAT PROVIDE FUNCTIONAL ILLUMI-
NATION FOR INDOOR RESIDENTIAL, INDOOR COMMERCIAL, AND OUTDOOR USE.
  (B) GENERAL PURPOSE  LIGHTS  DO  NOT  INCLUDE  ANY  OF  THE  FOLLOWING
SPECIALTY LIGHTING: APPLIANCE, BLACK LIGHT, BUG, COLORED, INFRARED, LEFT
HAND  THREAD, MARINE, SIGNAL SERVICE, MINE SERVICE, PLANT LIGHT, REFLEC-
TOR, ROUGH SERVICE, SHATTER RESISTANT, SIGN SERVICE, SILVER BOWL,  SHOW-
CASE,  THREE-WAY  TRAFFIC  SIGNAL,  AND  VIBRATION  SERVICE OR VIBRATION
RESISTANT.
  (C) GENERAL PURPOSE LIGHTS DO NOT INCLUDE  LIGHTS  NEEDED  TO  PROVIDE
SPECIAL NEEDS LIGHTING FOR INDIVIDUALS WITH EXCEPTIONAL NEEDS.
  (D) FOR PURPOSES OF THIS ARTICLE, "HAZARDOUS MATERIAL" MEANS ANY MATE-
RIAL THAT, BECAUSE OF ITS QUANTITY, CONCENTRATION, OR PHYSICAL OR CHEMI-
CAL  CHARACTERISTICS, POSES A SIGNIFICANT PRESENT OR POTENTIAL HAZARD TO
HUMAN HEALTH AND SAFETY OR TO THE ENVIRONMENT IF RELEASED INTO THE WORK-
PLACE OR THE ENVIRONMENT. "HAZARDOUS MATERIALS"  INCLUDE,  BUT  ARE  NOT
LIMITED TO, HAZARDOUS SUBSTANCES, HAZARDOUS WASTE, AND ANY MATERIAL THAT
A HANDLER OR THE ADMINISTERING AGENCY HAS A REASONABLE BASIS FOR BELIEV-
ING  THAT  IT  WOULD BE INJURIOUS TO THE HEALTH AND SAFETY OF PERSONS OR
HARMFUL TO THE ENVIRONMENT IF RELEASED INTO THE WORKPLACE OR  THE  ENVI-
RONMENT.
S 50-0109. RESPONSIBILITIES OF MANUFACTURERS.
  EVERY  MANUFACTURER  OF  GENERAL PURPOSE LIGHTS SOLD IN THIS STATE AND
CONTAINING HAZARDOUS MATERIALS SHALL  BE  RESPONSIBLE  FOR  ALL  OF  THE
FOLLOWING:
  1.  ON  AND  AFTER JULY 1, 2012, ENSURING THAT A SYSTEM IS IN PLACE TO
PROVIDE FOR THE COLLECTION AND  RECYCLING  OF  ANY  END-OF-LIFE  GENERAL
PURPOSE LIGHTS GENERATED IN THIS STATE.
  2.  ON OR BEFORE JULY 1, 2011, SUBMITTING A PLAN TO THE DEPARTMENT FOR
THE COLLECTION, RECYCLING, AND PROPER MANAGEMENT OF END-OF-LIFE  GENERAL
PURPOSE LIGHTS GENERATED IN THIS STATE.
  3. THE PLAN AT A MINIMUM SHALL INCLUDE ALL OF THE FOLLOWING:
  (A) THE METHODS TO BE USED BY THE MANUFACTURER TO COLLECT AND PROPERLY
MANAGE THE DEVICES GENERATED IN THIS STATE.
  (B) THE NUMBER AND FREQUENCY OF COLLECTION OPPORTUNITIES.
  (C)  THE  METHODS  TO  BE USED TO EDUCATE CONSUMERS ABOUT THE OPPORTU-
NITIES PRESENTED IN THE PLAN.
  (D) THE FUNDING MECHANISMS TO BE USED BY THE  MANUFACTURER  TO  ACCOM-
PLISH THE PLAN.
S 50-0111. STATEWIDE ELECTRICAL ENERGY CONSUMPTION LIMIT FOR LIGHTING.

A. 3258                             3

  1. ON OR BEFORE JULY 1, 2011, THE DEPARTMENT, AFTER ONE OR MORE PUBLIC
WORKSHOPS,  WITH  PUBLIC  NOTICE  AND  AN OPPORTUNITY FOR ALL INTERESTED
PARTIES TO COMMENT, SHALL DETERMINE THE AMOUNT OF  STATEWIDE  ELECTRICAL
ENERGY  CONSUMPTION  USED  FOR LIGHTING IN 2010, AND SHALL APPROVE, IN A
PUBLIC  HEARING,  A  STATEWIDE  ELECTRICAL  ENERGY CONSUMPTION LIMIT FOR
LIGHTING, TO BE ACHIEVED BY 2020, THAT IS EQUIVALENT TO FIFTY PERCENT OF
2010 USE LEVELS FOR INDOOR RESIDENTIAL LIGHTING AND SEVENTY-FIVE PERCENT
OF 2010 USE LEVELS FOR INDOOR COMMERCIAL AND OUTDOOR USE LIGHTING.
  2. THE STATEWIDE ELECTRICAL  ENERGY  CONSUMPTION  LIMIT  FOR  LIGHTING
SHALL REMAIN IN EFFECT UNLESS OTHERWISE AMENDED OR REPEALED.
  3.  IT  IS THE INTENT OF THE LEGISLATURE THAT THE STATEWIDE ELECTRICAL
ENERGY CONSUMPTION LIMIT FOR LIGHTING CONTINUE TO OPERATE AND BE USED TO
MAINTAIN AND CONTINUE REDUCTIONS  IN  ENERGY  CONSUMPTION  FOR  LIGHTING
BEYOND 2020.
  4.  THE  DEPARTMENT SHALL MAKE RECOMMENDATIONS TO THE GOVERNOR AND THE
LEGISLATURE REGARDING HOW TO CONTINUE REDUCTIONS  IN  ELECTRICAL  ENERGY
CONSUMPTION FOR LIGHTING BEYOND 2020.
S 50-0113. REDUCTION  IN  STATEWIDE  ELECTRICAL  ENERGY  CONSUMPTION FOR
             LIGHTING.
  1. THE DEPARTMENT SHALL, AFTER ONE OR MORE PUBLIC HEARINGS, DO ALL THE
FOLLOWING, IN ORDER TO REDUCE THE WASTEFUL, UNECONOMIC, INEFFICIENT,  OR
UNNECESSARY CONSUMPTION OF ENERGY FOR LIGHTING BY 2020:
  (A)  DEVELOP  AND  IMPLEMENT  A STATEWIDE STRATEGY FOR REDUCING ENERGY
CONSUMPTION FOR INDOOR RESIDENTIAL LIGHTING BY FIFTY PERCENT.
  (B) DEVELOP AND IMPLEMENT A STATEWIDE  STRATEGY  FOR  REDUCING  ENERGY
CONSUMPTION   FOR   INDOOR   COMMERCIAL  AND  OUTDOOR  USE  LIGHTING  BY
TWENTY-FIVE PERCENT.
  (C) ON OR BEFORE DECEMBER 31, 2011, ESTABLISH A  SCHEDULE  OF  MINIMUM
ENERGY EFFICIENCY STANDARDS FOR ALL GENERAL PURPOSE LIGHTS.
  (D)  ESTABLISH  PROGRAMS  AND INCENTIVES TO ENCOURAGE THE SALE IN THIS
STATE OF GENERAL PURPOSE LIGHTS THAT MEET OR EXCEED THE STANDARDS SET IN
SUBDIVISION THREE OF THIS SECTION.
  2. THE OFFICE OF GENERAL SERVICES, IN COORDINATION  WITH  THE  DEPART-
MENT,  SHALL END THE PURCHASE OF GENERAL PURPOSE LIGHTS IN STATE FACILI-
TIES THAT DO NOT MEET THE STANDARDS ADOPTED PURSUANT TO PARAGRAPH (C) OF
SUBDIVISION ONE OF THIS SECTION WITHIN TWO YEARS OF THE STANDARDS  BEING
ADOPTED.
  3. FOR PURPOSES OF THIS SECTION, "GENERAL PURPOSE LIGHTS" MEANS LAMPS,
BULBS,  TUBES, OR OTHER DEVICES THAT PROVIDE FUNCTIONAL ILLUMINATION FOR
INDOOR RESIDENTIAL, INDOOR COMMERCIAL, AND OUTDOOR USE.
  (A) GENERAL PURPOSE  LIGHTS  DO  NOT  INCLUDE  ANY  OF  THE  FOLLOWING
SPECIALTY LIGHTING: APPLIANCE, BLACK LIGHT, BUG, COLORED, INFRARED, LEFT
HAND  THREAD, MARINE, SIGNAL SERVICE, MINE SERVICE, PLANT LIGHT, REFLEC-
TOR, ROUGH SERVICE, SHATTER RESISTANT, SIGN SERVICE, SILVER BOWL,  SHOW-
CASE,  THREE-WAY  TRAFFIC  SIGNAL,  AND  VIBRATION  SERVICE OR VIBRATION
RESISTANT.
  (B) GENERAL PURPOSE LIGHTS DO NOT INCLUDE  LIGHTS  NEEDED  TO  PROVIDE
SPECIAL NEEDS LIGHTING FOR INDIVIDUALS WITH EXCEPTIONAL NEEDS.
  S 2. This act shall take effect immediately.