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

                                  7004

                            I N  S E N A T E

                             April 20, 2012
                               ___________

Introduced  by Sen. GRISANTI -- 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,  in  relation  to
  prohibiting  the sale or offer for sale of electric lamps that contain
  mercury in excess of specified amounts

  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. "LIGHTING THAT CONTAINS MERCURY" MEANS AN ELECTRIC LAMP, INCLUDING
COMPACT FLUORESCENT LAMPS,  STRAIGHT  FLUORESCENT  LAMPS  AND  NONLINEAR
FLUORESCENT  LAMPS,  TO  WHICH  MERCURY  OR  MERCURY COMPOUNDS ARE ADDED
DURING THE MANUFACTURING PROCESS.
  31. "LONG LIFETIME" MEANS 25,000 HOURS OR MORE WHEN TESTED ON AN ELEC-
TRONIC BALLAST, INCLUDING T8 INSTANT START BALLASTS  AND  T5  PROGRAMMED
START BALLASTS, AND TURNED OFF AND ON EVERY THREE HOURS.
  32.  "NORMAL  LIFETIME" MEANS LESS THAN 25,000 HOURS WHEN TESTED ON AN
ELECTRONIC  BALLAST,  INCLUDING  T8  INSTANT  START  BALLASTS   AND   T5
PROGRAMMED START BALLASTS, AND TURNED OFF AND ON EVERY THREE HOURS.
  33.  (A) "PRODUCER OF LIGHTING THAT CONTAINS MERCURY" MEANS ANY PERSON
THAT:
  (I) MANUFACTURES AND SELLS LIGHTING THAT CONTAINS  MERCURY  UNDER  ITS
OWN BRAND;
  (II)  RESELLS  UNDER  ITS  OWN  BRAND  LIGHTING  THAT CONTAINS MERCURY
PRODUCED BY OTHER SUPPLIERS;
  (III) IMPORTS OR EXPORTS LIGHTING THAT CONTAINS MERCURY ON  A  PROFES-
SIONAL BASIS; OR
  (IV)  SERVES  AS THE IMPORTER OR DOMESTIC DISTRIBUTOR OF LIGHTING THAT
CONTAINS MERCURY IF THE BRAND NAME  OWNER  IS  LOCATED  OUTSIDE  OF  THE
UNITED STATES.
  (B)  "PRODUCER  OF  LIGHTING  THAT  CONTAINS  MERCURY" DOES NOT MEAN A
RESELLER OF LIGHTING THAT CONTAINS MERCURY IF THE BRAND OF THE  MANUFAC-
TURER OF THE LIGHTING THAT CONTAINS MERCURY APPEARS ON THE LIGHTING.

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

                                                           LBD15328-02-2

S. 7004                             2

  34.  "SPECIAL PURPOSE LIGHTING" MEANS APPLIANCE LIGHTING, BLACK LIGHT-
ING, GERMICIDAL LIGHTING, BUG LIGHTING, COLORED LIGHTING,  PLANT  LIGHT-
ING,  STRAIGHT  FLUORESCENT  REFLECTOR  LIGHTING, REPROGRAPHIC LIGHTING,
SHATTER RESISTANT LIGHTING,  COLD  TEMPERATURE  LIGHTING  AND  THREE-WAY
LIGHTING.
  S  2. Section 27-2107 of the environmental conservation law is amended
by adding three new subdivisions 11, 12 and 13 to read as follows:
  11. A PRODUCER OF LIGHTING THAT CONTAINS MERCURY MAY NOT  SELL,  OFFER
FOR  SALE  OR  DISTRIBUTE  IN THIS STATE ANY ELECTRIC LAMPS THAT CONTAIN
MERCURY IN AN AMOUNT EXCEEDING, PER LAMP, THE FOLLOWING MERCURY  CONTENT
STANDARDS:
  (A)  4  MILLIGRAMS FOR SCREW-BASED COMPACT FLUORESCENT LAMPS LESS THAN
25 WATTS;
  (B) 5 MILLIGRAMS FOR COMPACT FLUORESCENT LAMPS EQUAL TO OR  MORE  THAN
25 WATTS AND LESS THAN 40 WATTS;
  (C) 3 MILLIGRAMS FOR STRAIGHT FLUORESCENT T5 LAMPS WITH A NORMAL LIFE-
TIME;
  (D) 4 MILLIGRAMS FOR STRAIGHT FLUORESCENT T8 LAMPS WITH A NORMAL LIFE-
TIME;
  (E)  5 MILLIGRAMS FOR STRAIGHT FLUORESCENT T5 AND T8 LAMPS WITH A LONG
LIFETIME;
  (F) 15 MILLIGRAMS FOR T12 8-FOOT STRAIGHT FLUORESCENT LAMPS.
  12. THE MERCURY CONTENT STANDARD SPECIFIED IN  SUBDIVISION  ELEVEN  OF
THIS SECTION SHALL NOT APPLY TO 8-FOOT MODELS OF STRAIGHT FLUORESCENT T8
LAMPS.
  13.  THE  MERCURY CONTENT STANDARDS SPECIFIED IN SUBDIVISION ELEVEN OF
THIS SECTION SHALL NOT APPLY TO:
  (A) HIGH-OUTPUT, AND VERY HIGH-OUTPUT, STRAIGHT FLUORESCENT LAMPS MORE
THAN 32 MILLIMETERS IN DIAMETER;
  (B) MOGUL BI-PIN BASED LAMPS;
  (C) PREHEAT STRAIGHT FLUORESCENT LAMPS OF ANY SIZE;
  (D) SPECIAL PURPOSE LIGHTING; OR
  (E) HIGH INTENSITY DISCHARGE LAMPS.
  S 3. 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 ELEVEN 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
subsequent  violation  shall be liable for a civil penalty not to exceed
five hundred dollars for each violation.
  S 4. 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 ELEVEN  OF  SECTION  27-2107  OF
THIS  CHAPTER  OR ANY OF THE PROVISIONS, RULE, OR REGULATION PROMULGATED
PURSUANT 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
SECOND  AND  ANY  FURTHER  VIOLATION, THE LIABILITY SHALL BE FOR A CIVIL
PENALTY NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS FOR EACH VIOLATION.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.