S T A T E O F N E W Y O R K
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4238
2011-2012 Regular Sessions
I N A S S E M B L Y
February 2, 2011
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Introduced by M. of A. CAMARA, BROOK-KRASNY, COLTON, 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
MANAGED THROUGH RECYCLING, BUT CURRENT RECYCLING OPPORTUNITIES AND
LEVELS ARE VIRTUALLY NONEXISTENT FOR MOST CONSUMERS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04163-01-1
A. 4238 2
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.
1. EVERY MANUFACTURER OF GENERAL PURPOSE LIGHTS SOLD IN THIS STATE
AND CONTAINING HAZARDOUS MATERIALS SHALL BE RESPONSIBLE FOR ALL OF THE
FOLLOWING:
(A) ON AND AFTER JULY 1, 2014, 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; AND
(B) ON OR BEFORE JULY 1, 2013, SUBMITTING A PLAN TO THE DEPARTMENT FOR
THE COLLECTION, RECYCLING, AND PROPER MANAGEMENT OF END-OF-LIFE GENERAL
PURPOSE LIGHTS GENERATED IN THIS STATE.
2. 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; AND
(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.
1. ON OR BEFORE JULY 1, 2013, 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
A. 4238 3
ENERGY CONSUMPTION USED FOR LIGHTING IN TWO THOUSAND TWELVE, AND SHALL
APPROVE, IN A PUBLIC HEARING, A STATEWIDE ELECTRICAL ENERGY CONSUMPTION
LIMIT FOR LIGHTING, TO BE ACHIEVED BY TWO THOUSAND TWENTY-TWO, THAT IS
EQUIVALENT TO FIFTY PERCENT OF TWO THOUSAND TWELVE USE LEVELS FOR INDOOR
RESIDENTIAL LIGHTING AND SEVENTY-FIVE PERCENT OF TWO THOUSAND TWELVE 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 TWO THOUSAND TWENTY-TWO.
4. THE DEPARTMENT SHALL MAKE RECOMMENDATIONS TO THE GOVERNOR AND THE
LEGISLATURE REGARDING HOW TO CONTINUE REDUCTIONS IN ELECTRICAL ENERGY
CONSUMPTION FOR LIGHTING BEYOND TWO THOUSAND TWENTY-TWO.
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 TWO THOUSAND
TWENTY-TWO:
(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, 2013, ESTABLISH A SCHEDULE OF MINIMUM
ENERGY EFFICIENCY STANDARDS FOR ALL GENERAL PURPOSE LIGHTS; AND
(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.
S 2. This act shall take effect immediately.