NY State Senate Bill 2009-S1162

Archive: Last Bill Status - In Senate Committee Environmental Conservation 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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to environmental conservation
Jan 26, 2009	referred to environmental conservation

2009-S1162 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 22 §§27-2201 - 27-2207, En Con L

2009-S1162 (ACTIVE) - Summary

Enacts the "New York state lighting efficiency and toxics reduction act"; requires the department of environmental conservation to promulgate by regulation certain schedules for reducing the levels of mercury and lead in general purpose lights sold or offered for sale in this state; establishes certain requirements manufacturers of general purpose lights sold in this state and containing hazardous materials; requires the commissioner of environmental conservation to develop a plan for limiting electrical energy consumption for lighting.

2009-S1162 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1162

 TITLE OF BILL :

An act to amend the environmental conservation law, in relation to
enacting the "New York state lighting efficiency and toxics reduction
act"


 PURPOSE :

The purpose of the bill is to establish a strategy for substantially
increasing the use of energy efficient lighting and phasing out the
use of energy inefficient lighting over the next decade. The bill also
requires the Department of Environmental Conservation (DEC) to
establish a schedule for the phase down in the use of toxic materials
in all lighting products and establish a system of manufacturer
responsibility for the recycling of hazardous lighting products that
is free and convenient.

 SUMMARY OF PROVISIONS :

The bill would require DEC to: 1) In consultation with the Public
Service Commission and the Energy Research and Development Authority,
develop a plan for limiting electrical energy consumption for lighting
by July 1, 2008, with a goal for limiting electrical consumption by

2018 to 50% of 2007 use levels for indoor residential lighting and 75%
of 2007 use levels for indoor commercial and outdoor use lighting; and
2) Promulgate regulations establishing schedules for reducing the
maximum levels of mercury and lead per lumen hour in general purpose
lights sold or offered for sale in the state. It also requires that
every manufacturer of general purpose lights sold in the state and
containing hazardous materials ensure that by July 1, 2009 a system is
in place to provide for the collection and recycling of any
end-of-life general purpose lights generated in the state.

 JUSTIFICATION :

According to the United States Department of Energy, energy
consumption for all lighting in the U.S. is estimated to be about 22%
of the total electricity generated. Consumers and businesses spend
approximately $58 billion a year to light their homes, offices,
streets, and factories. Most residences still use traditional
incandescent light bulbs, which convert approximately ten percent of
the electricity they use to produce light with the remaining 90
percent converted to heat.  According to Energy Star, a joint program
of the U.S. Environmental Protection Agency and the U.S. Department of
Energy, the energy used in the average home can be responsible for
more than twice the greenhouse gas emissions of the average car.

Compact fluorescent bulbs (or "CFLs"), one example of an energy
efficient lighting alternative, while more expensive to purchase than
traditional incandescent lamps, use two-thirds less energy than
standard incandescent bulbs and last up to 10 times longer, with an
average life span of five years. It is estimated that a compact bulb
saves $30 or more in energy costs before it burns out.  According to
the Lighting Efficiency Coalition (which includes the Alliance to Save
Energy, the American Council for an Energy Efficient Economy,
Californians Against Waste, the Natural Resources Defense Council, the
Earth Day Network and Phillips Electronics), replacing standard
incandescent lamps with CFLs nationally would reduce the annual energy
demand for lighting by the equivalent of what is generated by 30
nuclear power plants or up to 80 coal burning power plants.
Additionally, more than 158 million tons of carbon dioxide emissions
and 5,700 pounds of airborne mercury emissions would be eliminated.

However, CFLs and other lighting alternatives contain trace amounts of
mercury and/or other toxic substances and should be treated as
household hazardous waste and recycled. The bill's provision requiring
a system for their collection and recycling addresses concerns over
toxic substances in lamps.

 LEGISLATIVE HISTORY :

2007-08: S.6124

 FISCAL IMPLICATIONS :

Significant savings could be realized by purchasing and using more
energy efficient light bulbs.


 EFFECTIVE DATE :
This act would take effect on the first of January next succeeding the
date on which it shall have become law.

2009-S1162 (ACTIVE) - Bill Text download pdf

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

                                  1162

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 26, 2009
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Environmental Conser-
  vation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  enacting  the "New York state 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.  Short  title. This act shall be known and may be cited as
the "New York state lighting efficiency and toxics reduction act".
  S 2. Legislative findings. The legislature finds and declares  all  of
the following:
  Energy  consumption  for  lighting accounts for over 20 percent of the
state's electricity demand. The energy efficiencies of existing lighting
technologies vary significantly, and more than  94  percent  of  current
light bulb purchases are for less efficient incandescent bulbs.  Transi-
tioning  to  currently available higher efficiency lighting technologies
will substantially reduce energy consumption  and  pollution,  including
reducing greenhouse gas emissions, while lowering costs to consumers.
  Many  existing lighting choices contain toxic materials. Most fluores-
cent lighting products contain hazardous levels  of  mercury.  New  York
currently  prohibits disposing of mercury lighting products in the solid
waste stream. Most  incandescent  lighting  products  contain  hazardous
levels  of lead. The hazardous material in these products can be managed
through recycling, but current recycling opportunities are  limited  and
are often unavailable to most consumers.
  It  is  the  intent of the legislature that the department of environ-
mental conservation, in consultation with  the  New  York  state  energy
research and development authority, develop a strategy for substantially
increasing  the use of energy efficient lighting and phasing out the use
of energy inefficient  lighting  over  the  next  decade.  Further,  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02953-02-9

S. 1162                             2

department  of  environmental  conservation  is  directed to establish a
schedule for the phase down in the use of toxic materials in all  light-
ing  products  and  establish  a  system  for the recycling of hazardous
lighting products that is free and convenient for end users.
  S  3.  Article  27 of the environmental conservation law is amended by
adding a new title 22 to read as follows:
                                 TITLE 22
              LIGHTING EFFICIENCY AND TOXICS REDUCTION ACT
SECTION 27-2201. DEFINITIONS.
        27-2203. REGULATIONS.
        27-2205. REQUIREMENTS  FOR  MANUFACTURERS  OF  GENERAL   PURPOSE
                   LIGHTS.
        27-2207. PLAN  FOR  LIMITING  ELECTRICAL  ENERGY CONSUMPTION FOR
                   LIGHTING.
S 27-2201. DEFINITIONS.
  AS USED IN THIS TITLE:
  1.(A) "GENERAL PURPOSE LIGHTS" MEANS LAMPS,  BULBS,  TUBES,  OR  OTHER
DEVICES  THAT  PROVIDE  FUNCTIONAL  ILLUMINATION FOR INDOOR RESIDENTIAL,
INDOOR COMMERCIAL, AND OUTDOOR USE.
  (B) GENERAL PURPOSE LIGHTS DOES  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 DOES NOT INCLUDE LIGHTS NEEDED  TO  PROVIDE
SPECIAL NEEDS LIGHTING FOR INDIVIDUALS WITH EXCEPTIONAL NEEDS.
  2.  "HAZARDOUS SUBSTANCE" MEANS THOSE SUBSTANCES REGULATED PURSUANT TO
ARTICLE THIRTY-SEVEN OF THIS CHAPTER.
S 27-2203. REGULATIONS.
  THE DEPARTMENT SHALL, AFTER OPPORTUNITY FOR PUBLIC COMMENT AND  PURSU-
ANT TO THE STATE ADMINISTRATIVE PROCEDURE ACT, PROMULGATE BY REGULATION:
  1.  A  SCHEDULE  FOR  REDUCING THE MAXIMUM LEVELS OF MERCURY PER LUMEN
HOUR IN GENERAL PURPOSE LIGHTS SOLD OR AVAILABLE FOR SALE IN THE  STATE;
AND
  2.  A  SCHEDULE  FOR  REDUCING  THE  MAXIMUM LEVELS OF LEAD IN GENERAL
PURPOSE LIGHTS SOLD OR OFFERED FOR SALE IN THE STATE.
S 27-2205. REQUIREMENTS FOR MANUFACTURERS OF GENERAL PURPOSE LIGHTS.
  EVERY MANUFACTURER OF GENERAL PURPOSE LIGHTS SOLD  IN  THE  STATE  AND
CONTAINING HAZARDOUS MATERIALS SHALL BE RESPONSIBLE FOR THE FOLLOWING:
  1.  ON  AND  AFTER  JULY  FIRST,  TWO THOUSAND ELEVEN, ENSURING THAT A
SYSTEM IS IN PLACE TO PROVIDE FOR THE COLLECTION AND  RECYCLING  OF  ANY
END-OF-LIFE GENERAL PURPOSE LIGHTS GENERATED IN THE STATE; AND
  2. ON OR BEFORE JULY FIRST, TWO THOUSAND TEN, SUBMITTING A PLAN TO THE
DEPARTMENT  FOR THE COLLECTION, RECYCLING, AND PROPER MANAGEMENT OF END-
OF-LIFE GENERAL PURPOSE LIGHTS GENERATED IN THE STATE.  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 THE 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; AND
  (D) THE FUNDING MECHANISMS TO BE USED BY THE  MANUFACTURER  TO  ACCOM-
PLISH THE PLAN.
S 27-2207. PLAN FOR LIMITING ELECTRICAL ENERGY CONSUMPTION FOR LIGHTING.

S. 1162                             3

  1.  ON  OR  BEFORE  JULY FIRST, TWO THOUSAND TEN, THE COMMISSIONER, IN
CONSULTATION WITH THE PUBLIC SERVICE COMMISSION AND THE NEW  YORK  STATE
ENERGY  RESEARCH AND DEVELOPMENT AUTHORITY, AND AFTER ONE OR MORE PUBLIC
HEARINGS AND OPPORTUNITY FOR ALL INTERESTED PARTIES  TO  COMMENT,  SHALL
DETERMINE  THE AMOUNT OF ELECTRICAL ENERGY CONSUMPTION USED IN THE STATE
FOR LIGHTING IN TWO THOUSAND NINE, AND SHALL  DEVELOP  AND  IMPLEMENT  A
PLAN  FOR LIMITING ELECTRICAL ENERGY CONSUMPTION FOR LIGHTING. SUCH PLAN
SHALL ESTABLISH A GOAL FOR LIMITING ELECTRICAL CONSUMPTION BY TWO  THOU-
SAND  EIGHTEEN  THAT IS EQUIVALENT TO FIFTY PERCENT OF TWO THOUSAND NINE
USE LEVELS FOR INDOOR RESIDENTIAL LIGHTING AND SEVENTY-FIVE  PERCENT  OF
TWO  THOUSAND  NINE  USE  LEVELS  FOR  INDOOR COMMERCIAL AND OUTDOOR USE
LIGHTING.
  2. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TEN,  THE  COMMIS-
SIONER, IN CONSULTATION WITH THE CHAIR OF THE ENERGY RESEARCH AND DEVEL-
OPMENT AUTHORITY AND AFTER PUBLIC COMMENT, SHALL ESTABLISH A SCHEDULE OF
MINIMUM ENERGY EFFICIENCY STANDARDS FOR ALL GENERAL PURPOSE LIGHTS.
  3.  THE  STATEWIDE  ELECTRICAL  ENERGY  CONSUMPTION LIMIT FOR LIGHTING
SHALL REMAIN IN EFFECT UNLESS OTHERWISE AMENDED OR REPEALED AND CONTINUE
TO OPERATE AND BE USED TO MAINTAIN AND  CONTINUE  REDUCTIONS  IN  ENERGY
CONSUMPTION FOR LIGHTING BEYOND TWO THOUSAND EIGHTEEN.
  4. THE COMMISSIONER SHALL MAKE RECOMMENDATIONS TO THE GOVERNOR AND THE
LEGISLATURE  REGARDING  HOW  TO CONTINUE REDUCTIONS IN ELECTRICAL ENERGY
CONSUMPTION FOR LIGHTING BEYOND  TWO  THOUSAND  EIGHTEEN  AND  RECOMMEND
INCENTIVES  TO ENCOURAGE THE SALE IN THE STATE OF GENERAL PURPOSE LIGHTS
THAT MEET OR EXCEED THE STANDARDS PROMULGATED PURSUANT TO THIS SECTION.
  S 4. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

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Senate Bill S1162

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Actions

2009-S1162 (ACTIVE) - Details

2009-S1162 (ACTIVE) - Summary

2009-S1162 (ACTIVE) - Sponsor Memo

2009-S1162 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Carl L. Marcellino

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Actions

2009-S1162 (ACTIVE) - Details

2009-S1162 (ACTIVE) - Summary

2009-S1162 (ACTIVE) - Sponsor Memo

2009-S1162 (ACTIVE) - Bill Text download pdf

Comments