NY State Senate Bill 2009-S4994

Senate Bill S4994

2009-2010 Legislative Session

Enacts "The Mercury-Free Water Resources and Mercury Reduction Management Strategy Act "; repealer

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to environmental conservation
Apr 27, 2009	referred to environmental conservation

2009-S4994 (ACTIVE) - Details

See Assembly Version of this Bill:: A5811
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 15 Title 33 §§15-3301 - 15-3311, Art 27 Title 21 §§27-2101 - 27-2141, §71-2729, En Con L; rpld Chap 145 of 2004; amd §16, Ag & Mkts L; add §3240, Ins L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A1661
2013-2014: A777
2015-2016: A647
2017-2018: A3564

2009-S4994 (ACTIVE) - Summary

Enacts "The Mercury Free Water Resources and Mercury Reduction Management Strategy Act"; provides for: disclosure of mercury content, phase-out of mercury-added products, disposal prohibition, labelling, source separation, collection, requirements for sewage treatment plants, point source release containment traps, ban on sale or distribution of certain mercury products, replacement of manometers and gas pressure regulators (agriculture dept. to handle for dairy industry), regulates dental use and bans health insurance discrimination therein, requires lamp recycling; adds all mercury-added products to state universal waste rules; provides for a state advisory committee on mercury pollution

2009-S4994 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4994

 TITLE OF BILL :

An act to amend the environmental conservation law, the agriculture
and markets law, and the insurance law, in relation to enacting the
Mercury-Free Water Resources and Mercury Reduction Management Strategy
Act and to repeal chapter 145 of the laws of 2004 amending the
environmental conservation law and the state finance law relating to
the labeling and recycling of mercury-added consumer products and
establishing an advisory committee on mercury pollution


 GENERAL PURPOSE/IDEA OF BILL :

This bill would make various provisions to ensure the proper use,
reuse, recycling and management of products containing mercury and
elemental mercury.

 EFFECTS OF PRESENT LAW THIS BILL WOULD ALTER :

This bill would add two new Titles 19 and 33 to the environmental
conservation law ("ECL"), add a new subdivision 41 to section 16 of
the agriculture and markets law, and add a new section 3238 to the
insurance law.

 SUMMARY OF SPECIFIC PROVISIONS :

The bill includes provisions for the following:

* Requires manufacturers of mercury-added products to disclose to the
commissioner of environmental conservation the amount of mercury
contained in such products.

* Creates a mercury added product phase out program allowing certain
products to be granted a phase-out exemption by the commissioner. The
phase-out exemption shall include a public comment period for
concerned citizens.

* Prohibits any mercury-added product to be disposed of in solid
waste, radioactive waste, medical waste or wastewater.

* Requires labels on any mercury-added products informing consumers of
the presence and recycling requirements of mercury.

* Requires mercury-added products to be the source separated from the
mercury they contain before being placed in any waste disposal area of
the state.

* Manufacturers of mercury-added products shall provide a system of
collection for such products; and shall inform consumers of (1) the
available system for proper collection of such product, (2) that state
law prohibits charging a fee for such collection, and (3) that
disposal of such product in the solid waste of this state is
prohibited.

* Requires a material data safety sheet for the sale of elemental
mercury.

* Prohibits the discharge of any elemental mercury in any solid waste
of the state, other than trace amounts allowed by the department.

* Requires the use of mercury containment traps for plumbing systems
where the department determines there is a need for such traps.


* Those who sell mercury added fluorescent lighting for large-scale
use shall notify the purchaser of the recycling requirements of this
title.

* Places a ban on mercury thermometers.

* Places a ban on mercury-containing toys or games.

* Phases out the use of mercury-added gas pressure
regulators/manometers for those entities that may use such equipment
for the purpose of testing pressure, notably natural gas lines.

* This bill also directs the department of agriculture to establish a
program to replace existing mercury containing manometers.

* Requires dental offices to submit an annual amalgam mercury report.

* Prohibits use of mercury amalgam fillings in children under 15 and
pregnant women.

* Requires informed consent by a person to receive mercury amalgam
fillings.

* Prohibits any health insurer to discriminate against coverage of
persons choosing to have dental fillings that do not contain mercury.

* Requires a permit by DEC to operate a lamp recycling facility.

* Includes mercury in state universal waste rules.

* Requires state agencies to adopt the US EPA's "Green Lights
Program."

* Establishes a State Advisory Committee on mercury pollution that
must report annually to the legislature and Governor on matters
concerning mercury pollution and cleanup in the state.

* Institutes a program for publicly owned sewage treatment plants to
measure levels of mercury and develop a monitoring program for
mercury, and to provide information of customer billing statements on
mercury discharges and sources.

* Requires DEC to implement a voluntary mercury pollution prevention
program to minimize levels of mercury in POTW discharges.

* Directs DEC to develop acceptable limits on the concentration of
mercury in sewage sludge and incinerator ash; mercury limits in the
discharge of sewage treatment plants and sewage pretreatment
standards.

* Prohibits any person to discharge mercury through a publicly owned
sewage treatment plant, accept sludge containing mercury, discharge
mercury through a publicly owned wastewater treatment plant, or apply
mercury containing sludge, in greater amounts as determined by the
department.

This bill also incorporates penalties for those violating provisions
of the bill in the form of civil penalties by adding a new section
71-2728 to the ECL.

 JUSTIFICATION :

Mercury is a known neurotoxin that is linked to several cognitive and
developmental problems in the brain, spinal cord, kidneys, lungs, and
liver. There is an especially high risk for damage to fetuses and

young children. In July 2000, the National Academy of Sciences (NAS)
released a U.S. Congressionally mandated report entitled

 TOXICOLOGICAL EFFECTS OF METHYLMERCURY

The report states "over 60,000 children a year are born each year at
risk for adverse neurodevelopmental effects due to in utero exposure
to methylmercury."

Mercury has been found in all of the waters of New York State, 28
bodies of which, including all of Lake Champlain have fish consumption
advisories because of mercury contamination (NYS DOH 2001). These
advisories instruct that due to increased risk of birth defects and
serious health problems, no woman of childbearing age, infant, or
person under the age of fifteen should eat certain species of fish in
these twenty five bodies of water. In addition, 38 bodies of water
statewide are listed by the US EPA as containing mercury levels to be
dangerous.

Mercury is a tasteless, odorless, invisible (when vaporized) chemical
that can enter the body through the lungs, mouth or skin. In addition
to humans, wildlife that ingest fish, such as bald eagles and loons,
are also highly susceptible to mercury ingestion.

This legislation was adapted from model mercury legislation endorsed
by the New England Governor's Conference and has been introduced in
Vermont, New Hampshire, Massachusetts, Maine, Rhode Island, Oregon and
is being considered by California and Connecticut.

The bill also includes an important provision to phase out the use of
mercury-containing gas pressure regulators and manometers commonly
used for testing pressure in natural gas lines. There have been
several recent incidents where the improper use of these types of
equipment has led to large mercury spills in residential homes,
including Westchester County. Last year, over 300 homes in Chicago, IL
were found to have mercury contamination from wrongful use of this
kind of equipment.

Also, the US EPA has cited a number of Publicly Owned Treatment works
(POTWs) throughout our state that continually incur violations due to
unacceptable amounts of mercury pollutants discharged into our
eco-systern. Federal regulations set mercury discharge limits on
publicly owned discharge plants, however, they allow a choice of two
monitoring methods. This legislation allows a publicly owned sewage
treatment plant to monitor the levels of mercury in wastewater that is
discharged but specifies, however, that the method which detects with
more precision the amount of mercury discharges must be used. This
will ensure more accurate information about mercury levels being
released into the state's waters.

This comprehensive legislation will ensure the residents of New York a
safe and healthy environment while protecting our fragile eco-system.

 PRIOR LEGISLATIVE HISTORY :

S.5932 (2003-04)
A.1560 (2005-06)
A.1094 (2007-08)

 FISCAL IMPACT ON STATE/LOCAL GOVERNMENTS :
Minimal to the state.

 EFFECTIVE DATE :
January first next succeeding the date on which it shall have become
law; provided that the commissioner of environmental conservation is
authorized to promulgate any and all rules and regulations and take
any other measures necessary to implement this act on its effective
date on or before such date.

2009-S4994 (ACTIVE) - Bill Text download pdf

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

                                  4994

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 28, 2009
                               ___________

Introduced  by Sen. THOMPSON -- 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, the agriculture  and
  markets law, and the insurance law, in relation to enacting the Mercu-
  ry-Free  Water Resources and Mercury Reduction Management Strategy Act
  and to repeal chapter 145 of the laws of 2004  amending  the  environ-
  mental  conservation  law  and  the  state finance law relating to the
  labeling and recycling of mercury-added consumer products  and  estab-
  lishing an advisory committee on mercury pollution

  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 as  "The  Mercury-Free
Water Resources and Mercury Reduction Management Strategy Act".
  S  2.  Chapter  145  of  the  laws  of 2004 amending the environmental
conservation law and the state finance law relating to the labeling  and
recycling  of  mercury-added consumer products and establishing an advi-
sory committee on mercury pollution is REPEALED.
  S 3. Article 15 of the environmental conservation law  is  amended  by
adding a new title 33 to read as follows:
                                 TITLE 33
                  MERCURY REDUCTION MANAGEMENT STRATEGY
SECTION 15-3301. SHORT TITLE.
        15-3303. DEFINITIONS.
        15-3305. PUBLICLY  OWNED  SEWAGE TREATMENT PLANTS; REGULATION OF
                   MERCURY.
        15-3307. PUBLICLY OWNED  SEWAGE  TREATMENT  PLANTS;  CONTROL  OF
                   MERCURY.
        15-3309. POINT SOURCE RELEASE; MERCURY CONTAINMENT TRAP REQUIRE-
                   MENT.
        15-3311. EXEMPTION.
S 15-3301. SHORT TITLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07339-02-9

S. 4994                             2

  THIS TITLE SHALL BE KNOWN AS "THE MERCURY REDUCTION MANAGEMENT STRATE-
GY ACT".
S 15-3303. DEFINITIONS.
  FOR PURPOSES OF THIS TITLE, THE TERMS "EFFLUENT LIMITATION" AND "POINT
SOURCE" HAVE THE SAME MEANINGS AS ARE DEFINED IN SECTION 17-0105 OF THIS
CHAPTER  AND  THE  TERM "HOUSEHOLD" MEANS PRIVATE DWELLINGS AND MULTIPLE
DWELLINGS AS DEFINED IN SECTION 4 OF THE MULTIPLE DWELLING LAW.
S 15-3305. PUBLICLY OWNED SEWAGE TREATMENT PLANTS; REGULATION OF  MERCU-
             RY.
  1. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TEN, EACH PUBLICLY
OWNED SEWAGE TREATMENT WORKS SHALL:
  (A)  MEASURE  THE  LEVELS  OF  MERCURY IN EFFLUENT FROM PUBLICLY OWNED
TREATMENT WORKS USING THE UNITED STATES ENVIRONMENTAL  PROTECTION  AGEN-
CY'S TEST METHOD;
  (B)  DEVELOP  AND  IMPLEMENT A MONITORING PROGRAM TO IDENTIFY PUBLICLY
OWNED TREATMENT WORKS USERS THAT DISCHARGE WASTEWATER CONTAINING  MERCU-
RY; AND
  (C)  PROVIDE  INFORMATION  ON  MERCURY  DISCHARGES  AND THE SOURCES OF
MERCURY DISCHARGES TO THE PUBLIC THROUGH  INSERTS  IN  CUSTOMER  BILLING
STATEMENTS.
  2.  (A)  ON  OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND ELEVEN, THE
DEPARTMENT AND EACH PUBLICLY OWNED TREATMENT  WORKS  SHALL  USE  RESULTS
FROM  THE  MEASUREMENTS PERFORMED AND THE MONITORING PROGRAM IMPLEMENTED
UNDER SUBDIVISION 1 OF THIS SECTION TO DEVELOP AND IMPLEMENT A VOLUNTARY
POLLUTION PREVENTION PROGRAM.
  (B) THE PURPOSE OF THE VOLUNTARY POLLUTION PREVENTION  PROGRAM  IS  TO
MINIMIZE THE LEVELS OF MERCURY IN THE DISCHARGE OF PUBLICLY OWNED TREAT-
MENT  WORKS  USERS  TO  REFLECT  THE  RELATIVE CONTRIBUTION OF DIFFERENT
SOURCES OF MERCURY TO THE MERCURY LEVELS IN THE PUBLICLY OWNED TREATMENT
WORKS EFFLUENT.
  3. ON OR  BEFORE  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  TWELVE,  THE
DEPARTMENT SHALL DEVELOP:
  (A)  AN  ACCEPTABLE  LIMIT  ON  THE CONCENTRATION OF MERCURY IN SEWAGE
SLUDGE AND INCINERATOR ASH;
  (B) EFFLUENT LIMITATION ON THE  DISCHARGE  OF  MERCURY  FROM  PUBLICLY
OWNED  TREATMENT  WORKS THAT ARE NO GREATER THAN THE LIMITS OF DETECTION
OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY'S TEST METHOD; AND
  (C) PRETREATMENT STANDARDS THAT REFLECT THE BEST  AVAILABLE  TREATMENT
TECHNOLOGY FOR EACH CATEGORY OF SOURCES OF MERCURY THAT HAVE BEEN DETER-
MINED TO CONTRIBUTE TO THE DISCHARGE OF WASTEWATER CONTAINING MERCURY TO
PUBLICLY OWNED TREATMENT WORKS.
S 15-3307. PUBLICLY OWNED SEWAGE TREATMENT PLANTS; CONTROL OF MERCURY.
  1. THE DEPARTMENT SHALL ESTABLISH:
  (A)  AN  ACCEPTABLE  LIMIT  ON  THE CONCENTRATION OF MERCURY IN SEWAGE
SLUDGE AND INCINERATOR ASH;
  (B) EFFLUENT LIMITATION ON THE  DISCHARGE  OF  MERCURY  FROM  PUBLICLY
OWNED  TREATMENT  WORKS THAT ARE NO GREATER THAN THE LIMITS OF DETECTION
OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY'S TEST METHOD; AND
  (C) PRETREATMENT STANDARDS THAT REFLECT THE BEST  AVAILABLE  TREATMENT
TECHNOLOGY FOR EACH CATEGORY OF SOURCES OF MERCURY THAT HAVE BEEN DETER-
MINED TO CONTRIBUTE TO THE DISCHARGE OF WASTEWATER CONTAINING MERCURY TO
PUBLICLY OWNED TREATMENT WORKS.
  2. A PERSON SHALL NOT:
  (A)  DISCHARGE MERCURY THROUGH A PUBLICLY OWNED TREATMENT WORKS INTO A
BODY OF WATER IN EXCESS OF  THE  EFFLUENT  STANDARDS  ESTABLISHED  UNDER
SUBDIVISION 1 OF THIS SECTION;

S. 4994                             3

  (B)  ACCEPT FOR DISPOSAL IN A LANDFILL SLUDGE THAT CONTAINS MERCURY IN
EXCESS OF THE STANDARDS UNDER SUBDIVISION 1 OF THIS SECTION;
  (C)  DISCHARGE  MERCURY INTO A WASTEWATER TREATMENT PLANT IN EXCESS OF
THE PRETREATMENT REQUIREMENTS ESTABLISHED UNDER SUBDIVISION  1  OF  THIS
SECTION; OR
  (D)  APPLY TO LAND ANY SEWAGE SLUDGE OR INCINERATOR ASH  THAT CONTAINS
MERCURY IN EXCESS OF THE CONCENTRATION LIMITS ESTABLISHED UNDER SUBDIVI-
SION 1 OF THIS SECTION.
S 15-3309. POINT SOURCE RELEASE; MERCURY CONTAINMENT TRAP REQUIREMENT.
  1. ANY FACILITY THAT HAS THE POTENTIAL FOR RELEASE OF ELEMENTAL MERCU-
RY OR A MERCURY CONTAINING SUBSTANCE INTO PLUMBING  SYSTEMS  DURING  ITS
NORMAL  DAILY  OPERATIONS,  INCLUDING BUT NOT LIMITED TO DENTAL OFFICES,
DENTAL TRAINING OR VOCATIONAL SCHOOLS, DENTAL HOSPITALS, MERCURY RECYCL-
ING CENTERS, LABORATORIES, AND ANY OTHER ENTITY  THE  DEPARTMENT  DETER-
MINES  SHALL BE CONSIDERED A POINT SOURCE PURSUANT TO ARTICLE 17 OF THIS
CHAPTER, UNLESS  SUCH  FACILITY  SHALL  PLACE  INTO  SERVICE  A  MERCURY
CONTAINMENT TRAP AS CERTIFIED BY THE DEPARTMENT.
  2.  THE DEPARTMENT SHALL PROMULGATE REGULATIONS FOR THE PROPER INSTAL-
LATION, MAINTENANCE, USE, AND CERTIFICATION OF SUCH MERCURY  CONTAINMENT
TRAPS.
S 15-3311. EXEMPTION.
  THE PROVISIONS OF SUBDIVISION 2 OF SECTION 15-3307 OF THIS TITLE SHALL
NOT APPLY TO HOUSEHOLDS UNTIL TWO YEARS AFTER THIS TITLE TAKES EFFECT.
  S  4.  Article  27 of the environmental conservation law is amended by
adding a new title 21 to read as follows:
                                TITLE 21
                        COMPREHENSIVE MANAGEMENT
                            OF WASTE MERCURY
SECTION 27-2101. SHORT TITLE.
        27-2103. DEFINITIONS.
        27-2105. DISCLOSURE OF MERCURY CONTENT.
        27-2107. MERCURY-ADDED PRODUCT PHASE-OUT.
        27-2109. MERCURY DISPOSAL PROHIBITION.
        27-2111. LABELING OF PRODUCTS CONTAINING MERCURY.
        27-2113. SOURCE SEPARATION.
        27-2115. COLLECTION.
        27-2117. ELEMENTAL MERCURY.
        27-2119. REMOVAL FROM SERVICE; MERCURY-ADDED PRODUCTS.
        27-2121. BAN ON TOYS, GAMES, COSMETICS, AND APPAREL.
        27-2123. BAN ON DISTRIBUTION AND SALE OF MERCURY THERMOMETERS.
        27-2125. REPLACEMENT OF MERCURY-ADDED MANOMETERS  AND  GAS-PRES-
                   SURE REGULATORS.
        27-2127. DENTAL OFFICE REQUIREMENTS.
        27-2129. NOTIFICATION.
        27-2131. INFORMED CONSENT; DENTAL PROCEDURES.
        27-2133. BAN ON HEALTH INSURANCE DISCRIMINATION.
        27-2135. LAMP RECYCLING FACILITY REQUIREMENTS.
        27-2137. ADDITION   OF   ALL  MERCURY-ADDED  PRODUCTS  TO  STATE
                   UNIVERSAL WASTES RULES.
        27-2139. STATE ADVISORY COMMITTEE ON MERCURY POLLUTION.
        27-2141. EXEMPTION.
S 27-2101. SHORT TITLE.
  THIS TITLE SHALL BE KNOWN AS "THE COMPREHENSIVE  MANAGEMENT  OF  WASTE
MERCURY ACT".
S 27-2103. DEFINITIONS.
  AS USED IN THIS TITLE:

S. 4994                             4

  1.  "LAMP  RECYCLING  FACILITY"  MEANS  A FACILITY OPERATED TO REMOVE,
RECOVER, AND RECYCLE FOR REUSE MERCURY OR OTHER HAZARDOUS MATERIALS FROM
FLUORESCENT OR HIGH INTENSITY DISCHARGE LAMPS.
  2.  "MERCURY-ADDED  PRODUCT"  MEANS EQUIPMENT OR A PRODUCT, DEVICE, OR
INSTRUMENT INTO WHICH ELEMENTAL MERCURY OR MERCURY COMPOUNDS ARE  INTEN-
TIONALLY  ADDED  DURING  ITS FORMULATION OR MANUFACTURE AND IN WHICH THE
CONTINUED PRESENCE OF MERCURY IS DESIRED TO PROVIDE A  SPECIFIC  CHARAC-
TERISTIC  OR  TO  PERFORM A SPECIFIC FUNCTION, INCLUDING BUT NOT LIMITED
TO: BATTERIES;  LAMPS;  THERMOSTATS;  THERMOMETERS;  ELECTRIC  SWITCHES;
DENTAL  AMALGAMS;  APPLIANCES; GAUGES; MEDICAL OR SCIENTIFIC INSTRUMENTS
OR DEVICES; ELECTRIC OR DISPLACEMENT RELAYS;  GAS  PRESSURE  REGULATORS;
TESTING  EQUIPMENT;  MANOMETERS;  AND  ANY  OTHER ELECTRICAL DEVICE FROM
WHICH THE ADDED MERCURY HAS NOT BEEN REMOVED.
  3. "PERSON" SHALL MEAN  ANY  ENTITY,  INCLUDING  BUT  NOT  LIMITED  TO
NATURAL PERSONS, CORPORATIONS, FIRMS, LIMITED LIABILITY COMPANIES, PART-
NERSHIPS, STATE AGENCIES, STATE AUTHORITIES, AND FEDERAL AGENCIES.
  4.  "HOUSEHOLD"  MEANS  PRIVATE  DWELLINGS  AND  MULTIPLE DWELLINGS AS
DEFINED IN SECTION 4 OF THE MULTIPLE DWELLING LAW.
S 27-2105. DISCLOSURE OF MERCURY CONTENT.
  A MANUFACTURER OR WHOLESALER SHALL NOT SELL A MERCURY-ADDED PRODUCT AT
RETAIL IN THIS STATE, TO A RETAILER IN THIS STATE, OR FOR  USE  IN  THIS
STATE WITHOUT PRIOR THERETO NOTIFYING THE COMMISSIONER IN WRITING OF THE
AMOUNT  OF  MERCURY  IN EACH RETAIL-SIZED UNIT OF THE PRODUCT, THE TOTAL
AMOUNT OF MERCURY IN EACH TYPE OF PRODUCT SOLD AT RETAIL  IN  THE  STATE
EACH  YEAR  BY  THE  MANUFACTURER  OR  WHOLESALER, AND THE ESSENTIAL-USE
PURPOSE THAT THE MERCURY IN THE PRODUCT SERVES.
S 27-2107. MERCURY-ADDED PRODUCT PHASE-OUT.
  1. A MANUFACTURER, DIRECTLY OR THROUGH AN  AGENT,  SHALL  NOT  SELL  A
MERCURY-ADDED PRODUCT AT RETAIL OR WHOLESALE IN THIS STATE, TO A RETAIL-
ER  OR  WHOLESALER IN THIS STATE, OR FOR USE IN THIS STATE AFTER JANUARY
FIRST, TWO THOUSAND  TWELVE  UNLESS  THE  MANUFACTURER  HAS  RECEIVED  A
"PHASE-OUT EXEMPTION" PERMIT FROM THE COMMISSIONER.
  2.  UPON  MAKING  A  DETERMINATION THAT AN APPLICATION FOR A PHASE-OUT
EXEMPTION IS COMPLETE, THE COMMISSIONER SHALL PROVIDE A SIXTY DAY PUBLIC
COMMENT PERIOD ON ALL APPLICATIONS  FOR  EXEMPTIONS  AND  SHALL  HOLD  A
PUBLIC  INFORMATIONAL  MEETING,  IF  SUCH  A  MEETING  IS REQUESTED. THE
COMMISSIONER SHALL FULLY  CONSIDER  ALL  WRITTEN  AND  ORAL  SUBMISSIONS
CONCERNING  PROPOSED EXEMPTIONS PRIOR TO TAKING FINAL ACTION ON A PHASE-
OUT EXEMPTION REQUEST.
  3. THE COMMISSIONER SHALL ONLY GRANT A PHASE-OUT EXEMPTION UPON DETER-
MINATION OF ALL OF THE FOLLOWING:
  THE MERCURY-ADDED PRODUCT IS AN ESSENTIAL USE THAT IS  USED  WHERE  NO
ALTERNATIVE NON-MERCURY-ADDED PRODUCTS ARE AVAILABLE THAT:
  (A) PERFORM THE SAME FUNCTION;
  (B) ARE COMMERCIALLY AVAILABLE;
  (C) ARE ECONOMICALLY PRACTICAL; AND
  (D) ARE MORE ENVIRONMENTALLY SAFE.
S 27-2109. MERCURY DISPOSAL PROHIBITION.
  MERCURY-ADDED PRODUCTS SHALL NOT BE PLACED IN ANY OF THE FOLLOWING:
  1. SOLID WASTE.
  2. MEDICAL, INFECTIOUS, OR LABORATORY WASTE.
  3. WASTEWATER.
  4. RADIOACTIVE WASTE.
  5. SCRAP METAL PROCESSING OR RECYCLING STREAMS.
S 27-2111. LABELING OF PRODUCTS CONTAINING MERCURY.

S. 4994                             5

  A  MANUFACTURER OR WHOLESALER SHALL NOT SELL AT RETAIL OR WHOLESALE IN
THIS STATE, TO A RETAILER OR WHOLESALER IN THIS STATE,  OR  FOR  USE  IN
THIS  STATE,  AND  A  RETAILER OR WHOLESALER SHALL NOT KNOWINGLY SELL IN
THIS STATE, A MERCURY-ADDED PRODUCT, UNLESS SUCH PRODUCT IS LABELED IN A
MANNER  TO  CLEARLY  INFORM A PURCHASER OR CONSUMER OF SUCH PRODUCT THAT
MERCURY IS PRESENT IN THE PRODUCT  AND  THAT  THE  PRODUCT  MAY  NOT  BE
DISPOSED  OF  IN VIOLATION OF THE PROHIBITIONS ESTABLISHED UNDER SECTION
27-2109 OF THIS TITLE.
S 27-2113. SOURCE SEPARATION.
  EVERY PERSON WHO  DISCARDS  SOLID  WASTE,  MEDICAL  WASTE,  INFECTIOUS
WASTE,  LABORATORY  WASTE,  RADIOACTIVE  WASTE, OR WASTEWATER WITHIN THE
STATE OR WHO PLACES SCRAP METAL IN A REPROCESSING  OR  RECYCLING  STREAM
WITHIN  THE  STATE  SHALL  ENSURE THAT THE WASTE OR SCRAP METAL DOES NOT
CONTAIN MERCURY ABOVE NATURALLY OCCURRING BACKGROUND LEVELS.  ANY PERSON
WHO REPLACES, REMOVES, OR TRANSPORTS MERCURY-ADDED PRODUCTS IS RESPONSI-
BLE FOR THE PROPER MANAGEMENT OF ANY DISCARDED MERCURY-ADDED PRODUCT.
S 27-2115. COLLECTION.
  THE MANUFACTURER OF A MERCURY-ADDED PRODUCT SHALL:
  1. PROVIDE A SYSTEM FOR THE COLLECTION OF SUCH PRODUCT FROM  USERS  IN
THIS STATE.
  2.  CLEARLY INFORM EACH PURCHASER OF A MERCURY-ADDED PRODUCT OF ALL OF
THE FOLLOWING:
  (A) DETAILS CONCERNING THE AVAILABLE SYSTEM FOR PROPER  COLLECTION  OF
THE PRODUCT.
  (B)  THAT  STATE  LAW  PROHIBITS  CHARGING A FEE FOR COLLECTION OF THE
PRODUCT.
  (C) THAT DISPOSAL OF THE PRODUCT IS PROHIBITED IN SOLID WASTE, MEDICAL
WASTE, INFECTIOUS WASTE, LABORATORY WASTE, RADIOACTIVE WASTE, OR  WASTE-
WATER,  AS  IS PLACEMENT OF THE PRODUCT IN A SCRAP METAL REPROCESSING OR
RECYCLING STREAM.
  3. THE DEPARTMENT  SHALL  PROMULGATE  REGULATIONS  TO  IMPLEMENT  THIS
SECTION.
S 27-2117. ELEMENTAL MERCURY.
  1.  SALE.  A  PERSON  SHALL NOT SELL MERCURY TO ANOTHER PERSON IN THIS
STATE WITHOUT PROVIDING A MATERIAL SAFETY DATA SHEET, AS DEFINED  IN  42
U.S.C. 11049.
  2.  USE.  A PERSON WHO USES ELEMENTAL MERCURY IN ANY APPLICATION SHALL
NOT PLACE, OR DELIVER THE MERCURY TO ANOTHER PERSON  WHO  PLACES,  RESI-
DUES,  PARTICLES,  SCRAPINGS, OR OTHER MATERIALS THAT CONTAIN MERCURY IN
SOLID WASTE, MEDICAL WASTE, INFECTIOUS WASTE, LABORATORY WASTE, RADIOAC-
TIVE WASTE, WASTEWATER, OR HAZARDOUS WASTE, EXCEPT FOR TRACES OF MATERI-
ALS THAT MAY INADVERTENTLY PASS THROUGH A  FILTRATION  SYSTEM  DURING  A
DENTAL PROCEDURE.
  3. THE DEPARTMENT SHALL ADOPT REGULATIONS IN RELATION TO ALLOWED TRACE
POINT  SOURCE  RELEASES  OF  ELEMENTAL  MERCURY  AND  MERCURY CONTAINING
SUBSTANCES.
S 27-2119. REMOVAL FROM SERVICE; MERCURY-ADDED PRODUCTS.
  1. WHEN A MERCURY-ADDED PRODUCT IS REMOVED FROM SERVICE,  THE  MERCURY
IN  THE  ITEM SHALL BE SOURCE-SEPARATED FOR STABILIZATION FOR RETIREMENT
OR OTHERWISE MANAGED TO PREVENT ITS RELEASE INTO THE ENVIRONMENT.    THE
COMMISSIONER  SHALL,  BY REGULATION, PROVIDE FOR THE USE OF MERCURY, AND
PERMIT MERCURY THAT  HAS  BEEN  SOURCE  SEPARATED  TO  BE  RECYCLED  FOR
PURPOSES  OF REUSE, IN PRODUCTS THAT HAVE RECEIVED A PHASE-OUT EXEMPTION
PERMIT FROM THE COMMISSIONER PURSUANT TO SECTION 27-2107 OF THIS TITLE.
  2. A PERSON WHO IS IN THE BUSINESS OF REPLACING OR REPAIRING A  MERCU-
RY-ADDED  PRODUCT IN HOUSEHOLDS SHALL DELIVER, OR CAUSE TO BE DELIVERED,

S. 4994                             6

ANY ITEM IN NEED OF REPLACEMENT TO A  MANUFACTURER'S  COLLECTION  SYSTEM
PURSUANT TO SECTION 27-2115 OF THIS TITLE.
  3.  THE DEPARTMENT SHALL PROMULGATE REGULATIONS FOR THE PROPER REMOVAL
FROM SERVICE AND SOURCE-SEPARATION OF MERCURY-ADDED PRODUCTS, INCLUDING,
BUT NOT LIMITED TO, AUTOMOBILES, BUILDINGS, HOME  OR  COMMERCIAL  APPLI-
ANCES, AND FLUORESCENT LAMPS.
S 27-2121. BAN ON TOYS, GAMES, COSMETICS, AND APPAREL.
  A  MANUFACTURER  OR WHOLESALER SHALL NOT SELL AT RETAIL IN THIS STATE,
TO A RETAILER IN THIS STATE, OR FOR USE IN THIS STATE,  AND  A  RETAILER
SHALL  NOT  SELL  IN  THIS  STATE,  A  MERCURY-ADDED  TOY  OR  GAME,  OR
MERCURY-ADDED COSMETICS, OR ANY ITEM OF CLOTHING OR WEARING APPAREL THAT
CONTAINS A MERCURY-ADDED ELECTRIC SWITCH.
S 27-2123. BAN ON DISTRIBUTION AND SALE OF MERCURY THERMOMETERS.
  NO PERSON SHALL DISTRIBUTE FREE OF  CHARGE  OR  SELL  A  MERCURY-ADDED
FEVER THERMOMETER. SUCH THERMOMETERS SHALL BE PROHIBITED FROM BEING SOLD
AT RETAIL AS OF JANUARY FIRST, TWO THOUSAND ELEVEN.
S 27-2125. REPLACEMENT  OF  MERCURY-ADDED  MANOMETERS  AND  GAS-PRESSURE
             REGULATORS.
  1. THE DEPARTMENT OF AGRICULTURE AND MARKETS SHALL DEVELOP  A  PROGRAM
TO  REPLACE  MERCURY-ADDED  MANOMETERS  USED  FOR  DAIRY  PURPOSES  WITH
NON-MERCURY MANOMETERS FOR SUCH PURPOSES.  THE MERCURY, MANOMETERS,  AND
APPARATUS SHALL BE MANAGED IN ACCORDANCE WITH THIS TITLE.
  2.  (A)  NO PERSON, PUBLIC OR PRIVATE UTILITY, OR CONTRACTOR SHALL USE
MERCURY-ADDED GAS-PRESSURE REGULATORS  TO  MONITOR,  REGULATE,  OR  TEST
VAPORIZED GASSES, INCLUDING, BUT NOT LIMITED TO, THOSE DEVICES CONTAINED
WITHIN NATURAL GAS LINES.
  (B) THE DEPARTMENT SHALL PROMULGATE REGULATIONS FOR THE PROPER REMOVAL
OF MERCURY-ADDED GAS-PRESSURE REGULATORS. SUCH REGULATIONS SHALL REQUIRE
THOSE  ENTITIES ENGAGED IN THE USE OF MERCURY-ADDED GAS-PRESSURE REGULA-
TORS TO CONDUCT A TEST FOR THE PRESENCE OF MERCURY AFTER REMOVAL OF SUCH
MERCURY-ADDED GAS-PRESSURE REGULATORS WITHIN A TIME PERIOD SPECIFIED  BY
THE DEPARTMENT.
  (C)  UPON THE IMPLEMENTATION OF THIS TITLE, PRIORITY SHALL BE ASSIGNED
TO REMOVAL OF THOSE MERCURY-ADDED GAS-PRESSURE REGULATORS LOCATED WITHIN
HOUSEHOLDS AND COMMERCIAL PREMISES.
  (D) NOTIFICATION. ANY UTILITY USING MERCURY-ADDED GAS-PRESSURE REGULA-
TORS WITHIN HOUSEHOLDS OR COMMERCIAL PREMISES  SHALL  NOTIFY  OWNERS  OF
SUCH  PROPERTIES  OF  THE  EXISTENCE  OF SUCH MERCURY-ADDED GAS-PRESSURE
REGULATORS AND SHALL NOTIFY OWNERS OF THE DANGERS POSED BY THE  PRESENCE
OF  MERCURY.  THE  DEPARTMENT SHALL PROMULGATE REGULATIONS PROVIDING FOR
NOTIFICATION REQUIREMENTS.
  3. (A) NO PERSON, PUBLIC OR PRIVATE UTILITY, OR CONTRACTOR  SHALL  USE
MERCURY  TESTING EQUIPMENT.  FOR THE PURPOSES OF THIS SECTION, "MERCURY-
ADDED TESTING EQUIPMENT" MEANS ANY DEVICE CONTAINING  MERCURY  USED  FOR
PURPOSES OF TESTING PRESSURE, INCLUDING, BUT NOT LIMITED TO, NATURAL GAS
LINES.  THIS  INCLUDES HAND-HELD, PORTABLE, OR STATIONARY TESTING EQUIP-
MENT CONTAINING MERCURY, INCLUDING, BUT NOT  LIMITED  TO,  MERCURY-ADDED
MANOMETERS AND MERCURY-ADDED GAUGES.
  (B) THE DEPARTMENT SHALL PROMULGATE REGULATIONS FOR THE PROPER REMOVAL
FROM  SERVICE  OF MERCURY-ADDED TESTING EQUIPMENT, INCLUDING TESTING FOR
PRESENCE OF MERCURY WITHIN DWELLINGS KNOWN OR  POSSIBLY  KNOWN  TO  HAVE
BEEN TESTED USING MERCURY-ADDED TESTING EQUIPMENT.
S 27-2127. DENTAL OFFICE REQUIREMENTS.
  EACH  DENTAL  OFFICE  IS  REQUIRED TO SUBMIT AN ANNUAL AMALGAM MERCURY
REPORT DESCRIBING QUANTITIES OF ALL SOURCES STORED AND RECYCLED: INCLUD-
ING CHAIR-SIDE TRAPS, CLEAN SCRAP, ELEMENTAL  MERCURY,  AMALGAM  SLUDGE,

S. 4994                             7

AND  MERCURY  CONTAINMENT TRAPS.   THE DEPARTMENT SHALL PROVIDE BY REGU-
LATION THEREFOR.
S 27-2129. NOTIFICATION.
  EVERY  DENTIST  SHALL  DISPLAY,  IN BOLDFACE PRINT, IN THE ENGLISH AND
SPANISH LANGUAGE, AND IN  A  CONSPICUOUS  PLACE  WITHIN  SUCH  DENTIST'S
OFFICE, A NOTICE STATING THE FOLLOWING:
  "THIS  OFFICE  USES AMALGAM FILLING MATERIALS WHICH CONTAIN AND EXPOSE
YOU TO MERCURY, A CHEMICAL KNOWN TO THE STATE OF NEW  YORK  AS  A  TOXIN
LINKED  TO  NEUROLOGICAL AND DEVELOPMENTAL DEFECTS. ADDITIONALLY, SCIEN-
TIFIC STUDIES OF  MERCURY-CONTAINING  AMALGAM  USE  HAVE  SHOWN  THAT  A
SIGNIFICANT  HEALTH  HAZARD EXISTS FOR PREGNANT WOMEN AND CHILDREN UNDER
THE AGE OF 15. SAFE ALTERNATIVES TO MERCURY-CONTAINING  AMALGAMS  EXIST.
PLEASE CONSULT YOUR DENTIST FOR MORE INFORMATION."
S 27-2131. INFORMED CONSENT; DENTAL PROCEDURES.
  NO  DENTIST SHALL USE MERCURY OR MERCURY AMALGAM IN A DENTAL PROCEDURE
UNLESS, PRIOR TO THE USE, THE DENTIST  CERTIFIES  IN  WRITING  THAT  THE
PATIENT GAVE INFORMED CONSENT THERETO FREELY AND WITHOUT COERCION.  SUCH
INFORMED  CONSENT  SHALL  BE  PROVIDED  IN WRITING AND REQUIRED FOR EACH
DENTAL OFFICE VISIT IN WHICH THE PROCEDURE INVOLVES THE USE  OF  MERCURY
AMALGAM AND SHALL CONTAIN THE FOLLOWING STATEMENT IN BOLDFACE PRINT:
  "I  CONSENT  TO  THE  USE OF MERCURY CONTAINING AMALGAM IN THIS DENTAL
PROCEDURE. I HAVE BEEN INFORMED THAT THE AMALGAM  TO  BE  USED  IN  THIS
PROCEDURE CONTAINS MERCURY, A CHEMICAL KNOWN TO THE STATE OF NEW YORK AS
A TOXIN LINKED TO NEUROLOGICAL AND DEVELOPMENTAL DEFECTS.  ADDITIONALLY,
I  HAVE  BEEN  INFORMED  THAT  SCIENTIFIC  STUDIES OF AMALGAM CONTAINING
MERCURY HAVE SHOWN THAT A SIGNIFICANT HEALTH HAZARD EXISTS FOR  PREGNANT
WOMEN  AND  CHILDREN UNDER THE AGE OF 15. I HAVE ALSO BEEN INFORMED THAT
SAFE ALTERNATIVES TO AMALGAM CONTAINING MERCURY EXIST."
S 27-2133. BAN ON HEALTH INSURANCE DISCRIMINATION.
  NO HEALTH INSURANCE POLICY OR CONTRACT SHALL IN ANY  WAY  DISCRIMINATE
AGAINST AMALGAMS THAT DO NOT CONTAIN ADDED MERCURY.
S 27-2135. LAMP RECYCLING FACILITY REQUIREMENTS.
  NO  PERSON SHALL OPERATE A LAMP RECYCLING FACILITY WITHOUT OBTAINING A
PERMIT FOR THE FACILITY FROM THE COMMISSIONER, ISSUED BY THE COMMISSION-
ER NO LATER THAN NINE MONTHS AFTER THE EFFECTIVE DATE OF THIS TITLE.
S 27-2137. ADDITION OF ALL MERCURY-ADDED  PRODUCTS  TO  STATE  UNIVERSAL
             WASTES RULES.
  THE  COMMISSIONER  SHALL  PROMULGATE  THE  UNIVERSAL  WASTES RULES FOR
MERCURY-ADDED THERMOSTATS AND SHALL ADD ALL  MERCURY-ADDED  PRODUCTS  TO
ITS UNIVERSAL WASTES RULES WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS
TITLE.
S 27-2139. STATE ADVISORY COMMITTEE ON MERCURY POLLUTION.
  1.  THERE  IS  CREATED  AN ADVISORY COMMITTEE ON MERCURY POLLUTION, TO
CONSIST OF ONE APPOINTEE OF THE TEMPORARY PRESIDENT OF THE  SENATE,  ONE
APPOINTEE  OF  THE  SPEAKER OF THE ASSEMBLY, THE COMMISSIONER (OR HIS OR
HER DESIGNEE), THE COMMISSIONER OF HEALTH (OR HIS OR HER DESIGNEE),  AND
THE  FOLLOWING  PERSONS  APPOINTED  BY  THE  GOVERNOR: ONE PUBLIC HEALTH
SPECIALIST, ONE TOXICOLOGIST, ONE REPRESENTATIVE OF  A  NATIVE  AMERICAN
TRIBE OR GROUP, ONE SCIENTIST WHO IS KNOWLEDGEABLE ON MATTERS RELATED TO
MERCURY  CONTAMINATION,  ONE CHILDREN'S ADVOCATE, AND ONE CONSUMER ADVO-
CATE. THE ADVISORY COMMITTEE SHALL ADVISE THE LEGISLATURE AND THE EXECU-
TIVE BRANCH ON MATTERS RELATING TO THE PREVENTION AND CLEANUP OF MERCURY
POLLUTION AND THE REDUCTION IN HUMAN EXPOSURE TO MERCURY.
  2. BY JANUARY FIFTEENTH OF EACH YEAR, BEGINNING IN TWO  THOUSAND  TEN,
THE  ADVISORY COMMITTEE SHALL SUBMIT A REPORT TO THE LEGISLATURE REGARD-
ING:

S. 4994                             8

  (A) THE EXTENT OF MERCURY CONTAMINATION IN THE SOIL, WATERS,  AND  AIR
OF THE STATE.
  (B)  THE  EXTENT  OF ANY HEALTH RISK FROM MERCURY CONTAMINATION IN THE
STATE, ESPECIALLY TO WOMEN OF CHILDBEARING YEARS, CHILDREN, NATIVE AMER-
ICANS, SPORTS FISHERS, AND SUBSISTENCE FISHERS; AND WAYS TO REDUCE HUMAN
EXPOSURE TO MERCURY.
  (C) ALL METHODS AVAILABLE FOR MINIMIZING RISK OF FURTHER CONTAMINATION
OR INCREASED HEALTH RISK TO THE PUBLIC.
  (D) COORDINATION NEEDED  WITH  OTHER  STATES  TO  EFFECTIVELY  ADDRESS
MERCURY ISSUES AND POLLUTION.
  (E)  WAYS  TO  ELIMINATE  NONESSENTIAL  USES OF MERCURY IN HEALTH CARE
INSTITUTIONS, GOVERNMENT BUILDINGS, AND CONSUMER AND BUSINESS USES.
  (F) WAYS TO REDUCE THE WASTE DISPOSAL, WASTEWATER DISPOSAL, AND  WASTE
INCINERATION  OF  MERCURY-ADDED  PRODUCTS  AND THE EXTENT TO WHICH SOLID
WASTE AND MEDICAL WASTE ARE INCINERATED OR AUTOCLAVED WITHIN  THE  STATE
OR SENT OUT OF STATE FOR SUCH PURPOSES.
S 27-2141. EXEMPTION.
  THE  PROVISIONS  OF  SECTION  27-2113 OF THIS TITLE SHALL NOT APPLY TO
HOUSEHOLDS UNTIL TWO YEARS AFTER THIS TITLE TAKES EFFECT.
  S 5. The environmental conservation law is amended  by  adding  a  new
section 71-2729 to read as follows:
S 71-2729. PENALTIES  FOR VIOLATIONS OF TITLE 21 OF ARTICLE 27 AND TITLE
             33 OF ARTICLE 15.
  1. FOR A FIRST VIOLATION OF TITLE 21 OF ARTICLE 27  AND  TITLE  33  OF
ARTICLE  15  OF  THIS CHAPTER, IN LIEU OF A PENALTY, A VIOLATOR SHALL BE
ISSUED A WRITTEN WARNING BY THE DEPARTMENT  AND  SHALL  ALSO  BE  ISSUED
EDUCATIONAL  MATERIALS  AT THE DISCRETION OF THE DEPARTMENT. SUCH PERSON
SHALL, HOWEVER, FOR A SECOND VIOLATION, BE LIABLE TO THE PEOPLE  OF  THE
STATE  FOR  A  CIVIL PENALTY NOT TO EXCEED SEVENTY-FIVE DOLLARS FOR EACH
VIOLATION, WHICH IN THE AGGREGATE SHALL NOT EXCEED:
  A. TWO HUNDRED TWENTY-FIVE DOLLARS FOR HOUSEHOLDS, TO THE EXTENT  THAT
THE VIOLATION INVOLVES ONLY THE IMPROPER PLACEMENT OF THE WASTE PRODUCED
BY THE PERSON OR PERSONS WITHIN SUCH DWELLING.
  B. TEN THOUSAND DOLLARS FOR MANUFACTURERS OF MERCURY-ADDED PRODUCTS OR
DISTRIBUTORS OR PROVIDERS OF ELEMENTAL MERCURY.
  C. FIVE THOUSAND DOLLARS FOR ALL OTHER VIOLATORS.
  2.  SUCH  CIVIL  PENALTY  SHALL  BE IN ADDITION TO ANY OTHER PENALTIES
AUTHORIZED UNDER OTHER FEDERAL, STATE, OR LOCAL LAWS GOVERNING THE ILLE-
GAL DISPOSAL, SALE, RESALE, OR  DISTRIBUTION  OF  ELEMENTAL  MERCURY  OR
MERCURY-ADDED  PRODUCTS.  THE  CRIMINAL  PENALTIES  SET FORTH IN SECTION
71-4001 OF THIS ARTICLE SHALL NOT APPLY TO VIOLATIONS  OF  TITLE  21  OF
ARTICLE 27 OR TITLE 33 OF ARTICLE 15 OF THIS CHAPTER.
  3.  PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE COMMISSIONER
AFTER A HEARING OR OPPORTUNITY TO BE HEARD PURSUANT TO THE PROVISIONS OF
SECTION 71-1709 OF THIS ARTICLE, AND, IN ADDITION  THERETO,  ANY  PERSON
FOUND TO HAVE VIOLATED THE PROVISIONS OF TITLE 21 OF ARTICLE 27 OR TITLE
33 OF ARTICLE 15 OF THIS CHAPTER MAY BY SIMILAR PROCESS BE ENJOINED FROM
CONTINUING  SUCH VIOLATION. FOR THE PURPOSES OF THIS SECTION, THE UNLAW-
FUL SALE, RESALE, DISTRIBUTION, OR  DISPOSAL  OF  EACH  ITEM  CONTAINING
MERCURY SHALL CONSTITUTE A SEPARATE VIOLATION.
  4.  ALL CIVIL PENALTIES AND FINES COLLECTED FOR ANY VIOLATION OF TITLE
21 OF ARTICLE 27 OR TITLE 33 OF ARTICLE 15 OF THIS CHAPTER SHALL BE PAID
OVER TO THE COMMISSIONER FOR DEPOSIT IN THE GENERAL FUND OF THE STATE.
  5. FOR PURPOSES OF THIS SECTION, "HOUSEHOLD" MEANS  PRIVATE  DWELLINGS
AND  MULTIPLE DWELLINGS AS DEFINED IN SECTION 4 OF THE MULTIPLE DWELLING
LAW.

S. 4994                             9

  S 6. Section 16 of the agriculture  and  markets  law  is  amended  by
adding a new subdivision 44 to read as follows:
  44.  ESTABLISH  A PROGRAM TO REPLACE MERCURY-ADDED MANOMETERS USED FOR
DAIRY PURPOSES WITH NON-MERCURY MANOMETERS FOR SUCH PURPOSES PURSUANT TO
SECTION 27-2125 OF THE ENVIRONMENTAL CONSERVATION LAW.
  S 7. The insurance law is amended by adding a new section 3240 to read
as follows:
  S 3240. DENTAL AMALGAM NONDISCRIMINATION. NO HEALTH INSURANCE  POLICY,
CONTRACT,  OR BENEFIT, WHETHER SUBJECT TO THIS ARTICLE OR ARTICLE FORTY-
THREE OR FORTY-FOUR OF THIS CHAPTER, SHALL  DISCRIMINATE  IN  REGARD  TO
DENTAL  AMALGAMS  IN  VIOLATION  OF SECTION 27-2133 OF THE ENVIRONMENTAL
CONSERVATION LAW.
  S 8. This act shall take effect on the first of January next  succeed-
ing  the date on which it shall have become a law. Effective immediately
the commissioner of environmental conservation is authorized to  promul-
gate  any  and  all  rules  and  regulations and take any other measures
necessary to implement this act on its effective date on or before  such
date.

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