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

                                 7966--A

                            I N  S E N A T E

                              May 27, 2010
                               ___________

Introduced  by Sen. THOMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- reported favorably from said committee and committed to the Commit-
  tee on Codes -- committee discharged, bill amended, ordered  reprinted
  as amended and recommitted to said committee

AN  ACT  to amend the environmental conservation law, in relation to the
  reduction of mercury in mercury-added lamps

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

  Section  1.   Section 27-2101 of the environmental conservation law is
amended by adding five new subdivisions 30, 31, 32, 33, and 34  to  read
as follows:
  30.  "MERCURY-ADDED  LAMP"  MEANS AN ELECTRIC LAMP TO WHICH MERCURY OR
MERCURY COMPOUNDS ARE INTENTIONALLY ADDED DURING THE MANUFACTURING PROC-
ESS, INCLUDING, BUT NOT LIMITED TO,  COMPACT  FLUORESCENT  LAMPS,  HALO-
PHOSPHATE  STRAIGHT  FLUORESCENT LAMPS, AND TRIPHOSPHATE (TRIBAND PHOSP-
HATES) STRAIGHT FLUORESCENT LAMPS WITH NORMAL OR LONG LIFETIME.
  31. "PRODUCER OF MERCURY-ADDED LAMPS" MEANS ANY PERSON WHO:
  (A) MANUFACTURES AND SELLS MERCURY-ADDED LAMPS UNDER ITS OWN BRAND;
  (B) RESELLS UNDER ITS OWN BRAND EQUIPMENT PRODUCED BY OTHER SUPPLIERS,
A RESELLER NOT BEING REGARDED AS THE PRODUCER OF MERCURY-ADDED LAMPS  IF
THE  BRAND  OF THE PRODUCER OF MERCURY-ADDED LAMPS APPEARS ON THE EQUIP-
MENT, AS PROVIDED FOR IN PARAGRAPH (A) OF THIS SUBDIVISION;
  (C) IMPORTS OR  EXPORTS  ELECTRICAL  AND  ELECTRONIC  EQUIPMENT  ON  A
PROFESSIONAL BASIS; OR
  (D)  SERVES AS THE IMPORTER OR DOMESTIC DISTRIBUTOR OF A MERCURY-ADDED
LAMP IF THE BRAND NAME OWNER IS LOCATED OUTSIDE OF THE UNITED STATES.
  32. "GENERAL PURPOSE LIGHTS" MEANS THE FOLLOWING LAMPS, BULBS,  TUBES,
OR  OTHER  ELECTRIC  DEVICES  THAT  PROVIDE  FUNCTIONAL ILLUMINATION FOR
INDOOR RESIDENTIAL, INDOOR COMMERCIAL, AND OUTDOOR USE: COMPACT FLUORES-
CENT LAMPS UP TO NINE INCHES IN LENGTH AND STRAIGHT FLUORESCENT LAMPS UP
TO FIFTY INCHES IN LENGTH WITH A MEDIUM BI-PIN OR MINIATURE BI-PIN BASE,
THAT OPERATE ON AN INSTANT  START,  RAPID  START,  OR  PROGRAMMED  START
BALLAST. GENERAL PURPOSE LIGHTS SHALL NOT INCLUDE T12 LAMPS THAT OPERATE

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

                                                           LBD16214-10-0

S. 7966--A                          2

ON  A  REFERENCE  CURRENT  GREATER THAN FOUR HUNDRED FIFTY MILLIAMPS, T8
LAMPS THAT OPERATE ON A REFERENCE CURRENT  GREATER  THAN  THREE  HUNDRED
FIFTY MILLIAMPS, OR SPECIAL PURPOSE LIGHTS.
  33.  "SPECIAL  PURPOSE LIGHTS" MEANS THE FOLLOWING SPECIALTY LIGHTING:
APPLIANCE, BLACK LIGHT, GERMICIDAL, BUG, COLORED, PLANT  LIGHT,  REFLEC-
TOR, REPROGRAPHIC, SHATTER RESISTANT, COLD TEMPERATURE, OR THREE-WAY.
  34.  "LONG  LIFETIME"  MEANS MORE THAN TWENTY-FOUR THOUSAND HOURS WHEN
TESTED ON AN ELECTRONIC OR ELECTROMAGNETIC BALLAST, INCLUDING,  BUT  NOT
LIMITED  TO, A T8 INSTANT START BALLAST, A T12 RAPID START BALLAST, OR A
T5 PROGRAMMED START BALLAST, AND TURNED ON AND  OFF  EVERY  THREE  HOURS
("THREE HOUR STARTS").
  S  2. Section 27-2107 of the environmental conservation law is amended
by adding two new subdivisions 10 and 11 to read as follows:
  10. ON AND AFTER JANUARY FIRST, TWO THOUSAND ELEVEN,  NO  PRODUCER  OF
MERCURY-ADDED LAMPS SHALL SELL, OFFER FOR SALE, OR DISTRIBUTE SUCH LAMPS
THAT  FAIL  TO MEET MERCURY CONTENT STANDARDS ADOPTED BY THE DEPARTMENT,
AND FOR THE FOLLOWING GENERAL PURPOSE LIGHTS, MERCURY CONTENT  SHALL  BE
NO HIGHER THAN:
  (A) FIVE MILLIGRAMS FOR COMPACT FLUORESCENT LAMPS;
  (B) TEN MILLIGRAMS FOR HALOPHOSPHATE STRAIGHT FLUORESCENT LAMPS;
  (C) FIVE MILLIGRAMS FOR TRIPHOSPHATE STRAIGHT FLUORESCENT LAMPS WITH A
NORMAL LIFETIME;
  (D)  EIGHT MILLIGRAMS FOR TRIPHOSPHATE STRAIGHT FLOURESCENT LAMPS WITH
A LONG LIFETIME.
  11. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND  ELEVEN,  MERCURY
CONTENT  STANDARDS ESTABLISHED IN ACCORDANCE WITH THIS SECTION SHALL NOT
APPLY TO SPECIAL PURPOSE LIGHTS.
  S 3. Section 27-2111 of the environmental conservation law, as amended
by chapter 676 of the laws of 2005, is amended to read as follows:
S 27-2111. Regulations.
  The department shall promulgate and enforce any regulations  necessary
to implement the provisions of this title.
  Such  regulations  shall provide for the proper storage, recycling and
disposal of mercury-added  consumer  products  at  facilities  regulated
pursuant to titles seven and nine of this article.
  SUCH  REGULATIONS MAY PROVIDE FOR MERCURY CONTENT STANDARDS FOR MERCU-
RY-ADDED LAMPS NOT INCONSISTENT WITH SECTION 27-2107 OF THIS TITLE.
  S 4. Subdivision 1 of section 71-2724 of the  environmental  conserva-
tion  law,  as  added  by chapter 145 of the laws of 2004, is amended to
read as follows:
  1. Any person who knowingly or intentionally violates any provision of
or fails to perform any duty pursuant to  title  twenty-one  of  article
twenty-seven  of this chapter, except subdivision one of section 27-2105
AND SUBDIVISION TEN OF SECTION 27-2107 of this chapter, shall  upon  the
first  finding  of such a violation be liable for a civil penalty not to
exceed one hundred dollars. Any person convicted of a second  or  subse-
quent  violation  shall be liable for a civil penalty not to exceed five
hundred dollars for each violation.
  S 5. Section 71-2724 of the environmental conservation law is  amended
by adding a new subdivision 2-a to read as follows:
  2-A.  ANY  PERSON  WHO KNOWINGLY OR INTENTIONALLY VIOLATES OR FAILS TO
PERFORM ANY DUTY IMPOSED BY SUBDIVISION TEN OF SECTION 27-2107  OF  THIS
CHAPTER OR ANY OF THE PROVISIONS, RULE, OR REGULATION PROMULGATED PURSU-
ANT  THERETO  SHALL BE PUNISHABLE IN THE CASE OF A FIRST VIOLATION, BY A
CIVIL PENALTY NOT TO EXCEED TEN THOUSAND  DOLLARS.  IN  THE  CASE  OF  A

S. 7966--A                          3

SECOND  AND  ANY  FURTHER  VIOLATION, THE LIABILITY SHALL BE FOR A CIVIL
PENALTY NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS FOR EACH VIOLATION.
  S 6. This act shall take effect immediately.