NY State Senate Bill 2009-S1723

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
Feb 05, 2009	referred to environmental conservation

2009-S1723 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd En Con L, generally

2009-S1723 (ACTIVE) - Summary

Relates to mercury in products and toxicity in packaging; provides exemptions.

2009-S1723 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1723

 TITLE OF BILL :

An act to amend the environmental conservation law, in relation to
mercury in products and toxicity in packaging

 PURPOSE OF THE BILL :

This bill would amend the Environmental Conservation Law (ECL) to: (1)
make button batteries subject to the requirements relating to
regulation of mercury-added consumer products; and (2) reduce the
levels of toxic substances in packaging and packaging components

 SUMMARY OF PROVISIONS :

Section 1 of this bill amends ECL §27-2101(7) and (8) to make button
batteries subject to the requirements of ECL Article 27, Title 21
relating to the regulation of mercury-added consumer products.

Section 2 of this bill amends ECL §37-0201 to make technical
corrections to the legislative findings and intent for ECL Article 37,
Title 2 (Hazardous Packaging Act of 1990).

Section 3 of this bill amends ECL §37-0203 to clarify existing
definitions, and add definitions for "distribution," "incidental

presence," "intentional introduction" or "intentionally introduced,"
"manufacturing," "purchaser" and "supplier."

Section 4 of this bill amends ECL §37-0205 to prohibit the sale, offer
for sale, or distribution of packaging and packaging components in
which lead, cadmium, mercury or hexavalent chromium was intentionally
introduced in the manufacturing process of the packaging or packaging
components, and to provide that the incidental presence of any of
these elements shall not constitute an intentional introduction.

Section 5 of this bill amends ECL §37-0207 to make technical changes
to the existing exemptions to ECL Article 37, Title 2.

Section 6 of this bill adds a new ECL §37-0208 to establish
requirements for a "Certificate of Compliance" to be furnished by any
manufacturer, distributor or supplier of packages and packaging
components to every purchaser.

Section 7 of this bill amends ECL §37-0209(2) to make conforming
amendments to reflect the new Certificate of Compliance requirements
of ECL §37-0208.

Section 8 of this bill adds a new ECL §37-0210 to clarify how a member
of the public may request a certificate of compliance from a
manufacturer, distributor or supplier.

Section 9 of this bill amends ECL §37-0211 to authorize the Department
of Environmental Conservation (DEC) to periodically review the
effectiveness of ECL Article 37, Title 2 in consultation with the
Toxics in Packaging Clearinghouse.

Section 10 of this bill adds a new ECL § 37-0215 to add a severability
clause to ECL Article 37, Title 2.

Section 11 of this bill provides that the bill takes effect on the
90th day after it becomes a law.

 EXISTING LAW :


ECL Article 27, Title 21 restricts the sale, labeling and disposal of
mercury-added consumer products Title 21 excludes button batteries
from the definition of mercury-added consumer products.

ECL Article 37, Title 2 (Hazardous Packaging Act of 1990) regulates
the use of lead, cadmium, mercury and hexavalent chromium when used in
packaging, consistent with an early version of the Model Toxics in
Packaging Legislation (Model Legislation) developed by the Coalition
of Northeastern Governors (CONEG). New York has not adopted the 1994,
1998 or 2004 updates to the Model Legislation.

 JUSTIFICATION :

ECL §27-2105 regulates the disposal of mercury-added consumer products
by any person. In general, it requires the disposal of mercury-added
consumer products by separated delivery to a solid waste management
facility or hazardous waste management facility.

Under existing law, mercury-added consumer products include batteries
sold to consumers, but not "button" batteries. See ECL §§27-2101(7)
and (8). Thus, button batteries are exempted from the management and
disposal requirements of ECL § 27-2105. There is no compelling
justification for singling-out and exempting button batteries from the
requirements of Title 21 when other batteries are subject to the law.

Packaging comprises approximately one-third of the waste stream By
updating and continuing the provisions of ECL Article 37, Title 2, we
will continue to reduce the amount of lead, mercury, cadmium, and
hexavalent chromium entering the municipal solid waste stream and
incinerators, which in turn, will lower their harmful presence in the
environment.

By adopting the original Hazardous Packaging Act of 1990, the New York
Legislature has recognized that lead, mercury, cadmium, and hexavalent
chromium pose a hazard to public health and safety and the environment
and pose a concern when they are present in packaging in light of
their likely presence in emissions or ash when packaging is
incinerated, or in leachate when discarded packaging is landfilled.

Created in 1976, CONEG is a non-partisan association of the Governors
of eight Northeastern states Members include the Governors of
Connecticut, Maine, Massachusetts, New Hampshire. New Jersey.  New
York, Rhode Island and Vermont CONEG encourages intergovernmental
cooperation in the Northeast on shared issues relating to the
economic, environmental and social well-being of the Northeast states
The Model Legislation was originally drafted in 1989 by the Source
Reduction Council (predecessor to the Source Reduction Task Force) of
CONEG The Toxics in Packaging Clearinghouse (TPCH) was established in
1992 to promote the Model Legislation originally adopted by CONEG
Membership in the TCPH extends beyond the Northeastern states; all
states which implement toxics-in-packaging legislation are encouraged
to join the TPCH. The Model Legislation requires affected industries
to self-certify their compliance with the law in each member state and
also allows exemptions for certain packages meeting specific criteria.
The TPCH has helped to ease each state's administration of its
toxics-in-packaging law and disseminates information about the Model
Legislation to other states and interested parties. It coordinates
implementation of the states' toxics-in-packaging law provisions
through joint consideration of exemptions and/or clarifications, and
minimizes the administrative process for states and applicants through
a centralized location for receipt and processing of written requests
for exemptions. The TCPH serves as a central point of contact to
promote consistency and uniform administration and enforcement of each
member state's law.


Nineteen states (California, Connecticut, Florida, Georgia, Illinois,
Iowa, Maryland, Maine, Minnesota, Missouri, New Hampshire, New Jersey,
New York, Pennsylvania, Rhode Island, Vermont, Virginia, Washington
and Wisconsin) and several countries have adopted the Model
Legislation, Not all of these states are members of the TPCH.  All of
the TPCH member states besides New York (California, Connecticut,
Illinois, Iowa, Maine, Minnesota, New Hampshire, Rhode Island, and
Washington) have adopted most of the 1994 and 1998 revisions to the
Model Legislation in some form and several states are in the process
of adopting the 2004 revisions to the Model Legislation, which made
permanent the exemption for glass and ceramic packages with vitrified
labels, and specified a sample preparation method for determining
compliance with this exemption.

The adoption of the updates to the Model Legislation through this bill
with continue to advance the Legislature's goal of reducing the
toxicity of packaging waste by eliminating the addition of these heavy
metals to packaging without impeding the use of recycled materials in
the production of packaging and packaging components. The adoption of
these updates to the Model Legislation will also allow New York and
other jurisdictions in this country and abroad to control the level of
these four toxic heavy metals that are found in packaging that the
public purchases everyday on a uniform basis nationally and
internationally.

 LEGISLATIVE HISTORY :
2007-2008:  S.8253 ECL Article 27, Title 21 was enacted by Chapter 145
of the Laws of 2004.  Title 21 was amended by Chapter 676 if the Laws
of 2005 (to make technical revisions, add several new definitions for
types of mercury-containing devices, and add additional prohibitions
to capture new devices) and Chapter 611 of the Laws of 2006 (to add
ECL §27-2117 to phase-out mercury-added components in motor vehicles).
ECL Article 37, Title 2 has not been revised since originally enacted
in 1990.  In 2000, the Legislature introduced bills (A.291
(John)/S.4915 (Marcellino)) to update the law to incorporate the 1994
revisions to the Model Legislation adopted by CONEG.  The bill passed
the Senate several years but never passed the law to include both the
1994 and 1998 updates to the Model.  The bill was introduced again in
2003 (S.1798-A (Marcellino)), but it not advance from committee.

 FISCAL IMPLICATIONS :
Minimal.

 EFFECTIVE DATE :
This bill takes effect on the 90th day after it becomes a law.

2009-S1723 (ACTIVE) - Bill Text download pdf

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

                                  1723

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 5, 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
  mercury in products and toxicity in packaging

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

  Section 1. Subdivisions 7 and 8 of section  27-2101  of  the  environ-
mental  conservation law, as amended by chapter 676 of the laws of 2005,
are amended to read as follows:
  7. "Mercury-added consumer product" means any device or material  into
which  elemental  mercury  or  mercury compounds are intentionally added
during such device's or material's formulation or  manufacture,  and  in
which the continued presence of mercury is required to provide a specif-
ic characteristic, appearance or quality, or to perform a specific func-
tion. Such term shall include, but not be limited to mercury-containing:
  (a) thermostats;
  (b) thermometers;
  (c) switches, whether individually or as part of another product;
  (d) medical or scientific instruments;
  (e) electrical relays and other electrical devices;
  (f) lamps; and
  (g) batteries sold to consumers[, not including button batteries].
  8.  "Mercury-added  novelty  consumer  product"  means a mercury-added
consumer product intended mainly for personal or household enjoyment  or
adornment.  Mercury-added novelty consumer products include, but are not
limited to, items intended for use as practical jokes, figurines, adorn-
ments, toys, games, cards, ornaments, yard statues and figures, candles,
jewelry, holiday decorations, items of apparel (including footwear),  or
similar  products.  [A  product  is not a mercury-added novelty consumer
product solely on the basis that it  is  a  game  with  a  light  screen

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06997-01-9

S. 1723                             2

display  containing  mercury, or includes a removable battery containing
mercury.]
  S  2.  Section 37-0201 of the environmental conservation law, as added
by chapter 286 of the laws of 1990, is amended to read as follows:
S 37-0201. Legislative findings and intent.
  The legislature finds and declares that:
  1. The management of solid waste can pose a wide range of  hazards  to
public health and safety and to the environment; [and]
  2.  Packaging  comprises a significant percentage of the overall solid
waste stream; [and]
  3. The presence of heavy metals in packaging is a part  of  the  total
concern in light of their likely presence in emissions or ash when pack-
aging is incinerated, or in leachate when packaging is landfilled; [and]
  4.  Lead,  mercury,  cadmium  and hexavalent chromium, on the basis of
available scientific and medical evidence, are  of  particular  concern;
[and]
  5. It is desirable as a first step in reducing the toxicity of packag-
ing  waste to eliminate the addition of these heavy metals to packaging;
and
  6. The intent of this title is to achieve this reduction  in  toxicity
without  impeding  or  discouraging  the expanded use of [post-consumer]
RECYCLED materials in the production of packaging and its components.
  S 3. Section 37-0203 of the environmental conservation law,  as  added
by chapter 286 of the laws of 1990, is amended to read as follows:
S 37-0203. Definitions.
  For the purposes of this title, the term:
  1. "Distributor" shall mean any person, firm, association, partnership
or  corporation, who [or which imports or causes to be imported into the
state, any container,  whether  filled  or  unfilled,  used  to  package
products]  TAKES TITLE TO OR POSSESSION OF GOODS OR PURCHASES FOR RESALE
OR PROMOTIONAL PURPOSES.   "DISTRIBUTION" SHALL  MEAN  THE  PRACTICE  OF
TAKING  TITLE  TO  OR POSSESSION OF PACKAGES OR PACKAGING COMPONENTS FOR
PROMOTIONAL PURPOSES OR RESALE. PERSONS INVOLVED  SOLELY  IN  DELIVERING
PACKAGES  OR  PACKAGING  COMPONENTS  ON  BEHALF OF THIRD PARTIES ARE NOT
CONSIDERED DISTRIBUTORS.
  2.  "INCIDENTAL PRESENCE" SHALL MEAN THE PRESENCE  OF  LEAD,  MERCURY,
CADMIUM  OR HEXAVALENT CHROMIUM AS AN UNINTENDED OR UNDESIRED INGREDIENT
OF A PACKAGE OR PACKAGING COMPONENT.
  3. "INTENTIONAL INTRODUCTION" OR "INTENTIONALLY INTRODUCED" SHALL MEAN
THE ACT OF DELIBERATELY UTILIZING LEAD, MERCURY, CADMIUM  OR  HEXAVALENT
CHROMIUM  IN THE FORMATION OF A PACKAGE OR PACKAGING COMPONENT WHERE ITS
CONTINUED PRESENCE IS DESIRED IN THE FINAL PACKAGE OR  PACKAGING  COMPO-
NENT  TO  PROVIDE A SPECIFIC CHARACTERISTIC, APPEARANCE, OR QUALITY. THE
USE OF LEAD, MERCURY, CADMIUM OR HEXAVALENT  CHROMIUM  AS  A  PROCESSING
AGENT  OR  INTERMEDIATE  TO  IMPART CERTAIN CHEMICAL OR PHYSICAL CHANGES
DURING MANUFACTURING, WHEREUPON THE INCIDENTAL RETENTION OF A RESIDUE OF
ANY SUCH METAL IN THE FINAL PACKAGE OR PACKAGING  COMPONENT  IS  NEITHER
DESIRED  NOR  DELIBERATE, IS NOT CONSIDERED INTENTIONAL INTRODUCTION FOR
THE PURPOSES OF THIS TITLE WHERE THE FINAL PACKAGE OR  PACKAGING  COMPO-
NENT  IS IN COMPLIANCE WITH SUBDIVISION THREE OF SECTION 37-0205 OF THIS
TITLE. THE USE OF RECYCLED MATERIALS AS FEED STOCK FOR  THE  MANUFACTURE
OF A NEW PACKAGE OR PACKAGING COMPONENT, WHERE SOME PORTION OF THE RECY-
CLED  MATERIALS MAY CONTAIN AMOUNTS OF LEAD, MERCURY, CADMIUM OR HEXAVA-
LENT CHROMIUM,  IS  NOT  CONSIDERED  INTENTIONAL  INTRODUCTION  FOR  THE
PURPOSES  OF  THIS TITLE WHERE THE NEW PACKAGE OR PACKAGING COMPONENT IS
IN COMPLIANCE WITH SUBDIVISION THREE OF SECTION 37-0205 OF THIS TITLE.

S. 1723                             3

  4. "Manufacturer" shall mean [a] ANY person, firm, association,  part-
nership  or  corporation,  who  [or which makes containers to be used to
package products] PRODUCES PACKAGES OR PACKAGING COMPONENTS  AS  DEFINED
IN THIS TITLE.
  5.  "MANUFACTURING"  SHALL  MEAN  PHYSICAL OR CHEMICAL MODIFICATION OF
MATERIALS TO PRODUCE PACKAGES OR PACKAGING COMPONENTS.
  [3.] 6. "Package" [means a] SHALL MEAN ANY container providing a means
of marketing, protecting or handling a product and shall include a  unit
package,  an  intermediate package [and] OR a shipping container. "Pack-
age" shall also mean and include, but not be limited to,  such  unsealed
receptacles as carrying cases, crates, cups, pails, rigid foil and other
trays, wrappers and wrapping films, bags and tubs.
  [4.] 7. "Packaging component" [means] SHALL MEAN any individual assem-
bled  part  of  a  package  such as, but not limited to, any interior or
exterior blocking, bracing, cushioning, weatherproofing, exterior strap-
ping, coatings, closures, inks and labels.  TIN-PLATED STEEL THAT  MEETS
THE AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) SPECIFICATION A623
SHALL  BE  CONSIDERED AS A SINGLE PACKAGE COMPONENT.  ELECTRO-GALVANIZED
COATED STEEL AND HOT-DIPPED GALVANIZED STEEL THAT MEETS THE  ASTM  SPEC-
IFICATIONS A653, A924, A879 AND A591 SHALL BE TREATED IN THE SAME MANNER
AS TIN-PLATED STEEL.
  8.  "PURCHASER"  SHALL MEAN ANY PERSON, FIRM, ASSOCIATION, PARTNERSHIP
OR CORPORATION, WHO PURCHASES ANY PACKAGES OR  PACKAGING  COMPONENTS  TO
PACK  PRODUCTS.  THIS TERM SHALL NOT MEAN ANY RETAIL STORE OR INDIVIDUAL
MAKING RETAIL PURCHASES.
  9. "SUPPLIER" SHALL MEAN ANY PERSON, FIRM, ASSOCIATION, PARTNERSHIP OR
CORPORATION, WHO SELLS, OFFERS  FOR  SALE,  OR  OFFERS  FOR  PROMOTIONAL
PURPOSES  PACKAGES  OR PACKAGING COMPONENTS FOR USE BY ANY OTHER PERSON,
FIRM, ASSOCIATION, PARTNERSHIP, OR CORPORATION TO PACK PRODUCTS.
  S 4. Section 37-0205 of the environmental conservation law,  as  added
by chapter 286 of the laws of 1990, is amended to read as follows:
S 37-0205. Prohibitions.
  1.  No  package  or  packaging component shall be SOLD, OR offered for
sale or for promotional purposes by a manufacturer [or], distributor  OR
SUPPLIER  which  includes  (in  the  package itself, or in any packaging
component, inks, dyes, pigments, adhesives,  stabilizers  or  any  other
additives  [to which]) ANY lead, cadmium, mercury or hexavalent chromium
WHICH has been [included] INTENTIONALLY INTRODUCED as an element  during
[manufacture]  MANUFACTURING  or  distribution [in excess of the concen-
tration levels set forth in subdivision three of this section].
  2. No product shall be SOLD, OR offered for sale  or  for  promotional
purposes  by  a  manufacturer [or], distributor OR SUPPLIER in a package
which includes, in the package itself or in any of its packaging  compo-
nents,  inks,  dyes, pigments, adhesives, stabilizers or any other addi-
tives [to which], ANY lead,  cadmium,  mercury  or  hexavalent  chromium
WHICH  has been [included] INTENTIONALLY INTRODUCED as an element during
[manufacture] MANUFACTURING or distribution in  excess  of  the  concen-
tration levels set forth in subdivision three of this section.
  3.  The  sum  of the concentration levels of lead, cadmium, mercury or
hexavalent chromium present in any package or packaging component  shall
not exceed [the following prior to incineration:
  600 parts per million by weight (0.06%), effective January 1, 1992
  250 parts per million by weight (0.025%), effective January 1, 1993]
  100 parts per million by weight (0.01%)[, effective January 1, 1994].
  S  5.  Section 37-0207 of the environmental conservation law, as added
by chapter 286 of the laws of 1990, is amended to read as follows:

S. 1723                             4

S 37-0207. Exemptions.
  All  [packaging] PACKAGES and packaging components shall be subject to
this title except the following:
  1. Those packages or packaging components which have been delivered to
a distributor, SUPPLIER or manufacturer prior to January 1, [1992] 1994;
or those packages or packaging components with a code indicating date of
manufacture [that were manufactured] prior to [January 1, 1992] 1994; or
  2. Those packages or packaging  components  to  which  lead,  cadmium,
mercury  or  hexavalent  chromium  have been added in the manufacturing,
forming, printing or distribution process in order to comply with health
or safety requirements of federal law or for which there is no practica-
ble alternative, as determined by the commissioner,  provided  that  the
manufacturer  of  a  package  or  packaging  component must petition the
department for any exemption from the provisions of  this  title  for  a
particular  package  or  packaging component based on [either criterion]
THE CRITERIA OF THIS SUBDIVISION; AND provided further that the  depart-
ment  may  grant  [a  two  year]  AN  exemption  FOR  UP TO TWO YEARS if
warranted by the  circumstances;  and  provided  further  that  such  an
exemption  may,  upon  REAPPLICATION  FOR  EXEMPTION AND meeting [either
criterion] THE CRITERIA of this subdivision, be renewed [for two  years]
AT TWO-YEAR INTERVALS; or
  3. Packages and packaging components that WOULD NOT exceed the maximum
[levels]  CONCENTRATION LEVELS set forth in subdivision three of section
37-0205 of this title [only because of] BUT FOR the addition  of  [post-
consumer]  RECYCLED  materials,  provided  that  the  exemption for this
subdivision shall expire on January 1, [1996.] 2010 AND SHALL NOT  APPLY
TO  ANY  CADMIUM,  LEAD,  MERCURY  OR  HEXAVALENT CHROMIUM THAT HAS BEEN
RECOVERED AND/OR SEPARATED FROM OTHER MATERIALS FOR USE AS  A  METAL  OR
METALLIC COMPOUND; OR
  4.  [Until  January  first,  nineteen  hundred  ninety-four, any glass
container that is intended for reuse or refilling that uses pigments  in
or on the container that exceed the maximum levels set forth in subdivi-
sion three of section 37-0205 of this title.] A GLASS OR CERAMIC PACKAGE
OR  PACKAGING COMPONENT WHICH HAS A VITRIFIED LABEL AND WHEN A SAMPLE IS
PREPARED ACCORDING TO ASTM C1606-04 AND TESTED IN  ACCORDANCE  WITH  THE
TOXICITY  CHARACTERISTICS  LEACHING PROCEDURES OF THE U.S. ENVIRONMENTAL
PROTECTION AGENCY'S TEST METHOD AND PUBLICATION SW-846 "TEST METHODS FOR
EVALUATING SOLID WASTE, PHYSICAL/CHEMICAL METHODS," DOES NOT EXCEED  1.0
PARTS  PER  MILLION  FOR  CADMIUM,  5.0 PARTS PER MILLION FOR HEXAVALENT
CHROMIUM AND 5.0 PARTS PER  MILLION  FOR  LEAD.  MERCURY  SHALL  NOT  BE
EXEMPTED BY THIS PROVISION.
  S  6.  The  environmental  conservation law is amended by adding a new
section 37-0208 to read as follows:
S 37-0208. CERTIFICATE OF COMPLIANCE.
  ANY MANUFACTURER, DISTRIBUTOR OR SUPPLIER MUST FURNISH TO ANY PURCHAS-
ER OF A PACKAGE OR PACKAGING COMPONENT A CERTIFICATE OF COMPLIANCE STAT-
ING THAT A PACKAGE OR PACKAGING COMPONENT  IS  IN  COMPLIANCE  WITH  THE
REQUIREMENTS  OF  THIS  TITLE,  EXCEPT WHERE AN EXEMPTION IS PROVIDED IN
SECTION 37-0207 OF THIS TITLE THE CERTIFICATE SHALL STATE  THE  SPECIFIC
BASIS UPON WHICH THE EXEMPTION IS CLAIMED. THE CERTIFICATE OF COMPLIANCE
SHALL BE SIGNED BY AN AUTHORIZED OFFICIAL OF THE MANUFACTURER, DISTRIBU-
TOR  OR SUPPLIER.  THE PURCHASER SHALL RETAIN THE CERTIFICATE OF COMPLI-
ANCE FOR AS LONG AS SUCH PURCHASER IS USING  THE  PACKAGE  OR  PACKAGING
COMPONENT. A COPY OF THE CERTIFICATE OF COMPLIANCE SHALL BE KEPT ON FILE
BY THE MANUFACTURER, DISTRIBUTOR OR SUPPLIER FOR EACH PACKAGE OR PACKAG-
ING  COMPONENT.  IF A MANUFACTURER, DISTRIBUTOR OR SUPPLIER REFORMULATES

S. 1723                             5

OR CREATES A NEW PACKAGE OR PACKAGING COMPONENT, IT SHALL FURNISH TO THE
PURCHASER AN AMENDED OR NEW CERTIFICATE OF COMPLIANCE FOR  THE  REFORMU-
LATED  OR  NEW  PACKAGE OR PACKAGING COMPONENT.  CERTIFICATES OF COMPLI-
ANCE,  OR  COPIES THEREOF, SHALL BE FURNISHED TO THE DEPARTMENT UPON ITS
REQUEST AND TO MEMBERS OF THE PUBLIC IN ACCORDANCE WITH SECTION  37-0210
OF THIS TITLE.
  S  7.  Subdivision 2 of section 37-0209 of the environmental conserva-
tion law, as added by chapter 286 of the laws of  1990,  is  amended  to
read as follows:
  2. No manufacturer [or], distributor OR SUPPLIER of a product shall be
held  in violation of this title who can show that, in the purchase of a
package or packaging component, [he or she] IT relied in good  faith  on
[the  written assurance of the manufacturer of such packaging or packag-
ing component  that  such  packaging  or  packaging  component  met  the
requirements  of  this title. Such written assurance shall take the form
of a certificate of compliance  stating  that  a  package  or  packaging
component is in compliance with the requirements of this title, provided
however,  where  compliance  is  achieved under an exemption provided in
subdivision two or three of section 37-0207 of this title,  the  certif-
icate  shall  state  the  specific  basis  upon  which  the exemption is
claimed. The certificate of compliance shall be signed by an  authorized
official  of the manufacturing or distributing company] A CERTIFICATE OF
COMPLIANCE MEETING THE REQUIREMENTS OF SECTION 37-0208 OF THIS TITLE.
  S 8. The environmental conservation law is amended  by  adding  a  new
section 37-0210 to read as follows:
S 37-0210. PUBLIC ACCESS.
  1.  ANY MEMBER OF THE PUBLIC MAY REQUEST ANY CERTIFICATE OF COMPLIANCE
FROM THE MANUFACTURER, DISTRIBUTOR OR SUPPLIER OF A PACKAGE OR PACKAGING
COMPONENT. SUCH REQUEST SHALL BE:
  A. IN WRITING; AND
  B. SPECIFIC AS TO THE PACKAGE OR PACKAGING COMPONENT FOR WHICH  INFOR-
MATION IS REQUESTED.
  2.  THE  MANUFACTURER,  DISTRIBUTOR  OR  SUPPLIER MUST RESPOND TO SUCH
REQUEST WITHIN SIXTY DAYS OF RECEIPT OF THE REQUEST.
  S 9. Section 37-0211 of the environmental conservation law,  as  added
by chapter 286 of the laws of 1990, is amended to read as follows:
S 37-0211. [Reports] REVIEW OF EFFECTIVENESS OF TITLE.
  The  department  shall  [include  a report on] PERIODICALLY REVIEW the
effectiveness of this title [as part of its annual solid  waste  manage-
ment  plan  as required by section 27-0103 of this chapter]. [The report
shall] SUCH REVIEW MAY contain [a review] AN  ANALYSIS  of  other  toxic
substances  contained in PACKAGES AND packaging and recommend [additions
to the list of hazardous ingredients set forth in this title] ADDITIONAL
SUBSTANCES WHICH SHOULD BE PROHIBITED FROM USE IN PACKAGING in order  to
further  reduce  the  toxicity  of packaging waste, [and shall contain a
recommendation whether to continue the  recycling  exemption  as  it  is
provided for in subdivision three of section 37-0207 of this title,] and
a  description  of  the  nature of the substitutes used in lieu of [the]
lead, mercury, cadmium, or  hexavalent  chromium.  The  department  [may
include  recommendations  of the source reduction council of the confer-
ence of North-Eastern governors in the report. Recommendations  made  by
the  department  to  eliminate  toxic  substances contained in packaging
shall include a determination of whether the ingredient presents or will
present an unreasonable risk to health or the environment, based upon  a
recognized  risk  assessment protocol and taking into account the magni-
tude and severity of the harm against the benefits of the  substance  or

S. 1723                             6

mixture  to  society  as well as the availability of substitutes for the
substance or mixture and  other  adverse  effects  which  such  proposed
action  to  eliminate  such ingredient may have on society] SHALL REVIEW
THE ADVISABILITY OF EXTENDING THE EXEMPTIONS PROVIDED FOR IN SUBDIVISION
THREE  OF  SECTION  37-0207 OF THIS TITLE. THIS REVIEW SHALL COMMENCE NO
LATER THAN JANUARY FIRST, TWO YEARS PRIOR  TO  THE  EXPIRATION  OF  SUCH
EXEMPTIONS.  IN REVIEWING THE EFFECTIVENESS OF THIS TITLE AND THE ADVIS-
ABILITY OF EXTENDING THE EXEMPTIONS PROVIDED FOR IN SUBDIVISION THREE OF
SECTION 37-0207 OF THIS TITLE,  THE  DEPARTMENT  MAY  CONSULT  WITH  THE
TOXICS IN PACKAGING CLEARINGHOUSE.
  S  10.  The  environmental conservation law is amended by adding a new
section 37-0215 to read as follows:
S 37-0215. SEVERABILITY.
  THE PROVISIONS OF THIS TITLE SHALL BE  SEVERABLE,  AND  IF  ANY  COURT
DECLARES  ANY PHRASE, CLAUSE, SENTENCE, OR PROVISION OF THIS TITLE TO BE
INVALID, OR ITS APPLICABILITY TO  ANY  GOVERNMENT,  AGENCY,  PERSON,  OR
CIRCUMSTANCE  IS  DECLARED  INVALID, THE REMAINDER OF THIS TITLE AND ITS
RELEVANT APPLICABILITY SHALL NOT BE AFFECTED.  THE  PROVISIONS  OF  THIS
TITLE SHALL BE LIBERALLY CONSTRUED TO GIVE EFFECT TO THE PURPOSES THERE-
OF.
  S  11.  This act shall take effect on the ninetieth day after it shall
have become a law.

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Senate Bill S1723

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

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Sponsored By

Carl L. Marcellino

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

Actions

2009-S1723 (ACTIVE) - Details

2009-S1723 (ACTIVE) - Summary

2009-S1723 (ACTIVE) - Sponsor Memo

2009-S1723 (ACTIVE) - Bill Text download pdf

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