Assembly Bill A5277

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

                                  5277

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 22, 2013
                               ___________

Introduced by M. of A. MAISEL -- read once and referred 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.
                                                           LBD03427-01-3

A. 5277                             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.