Senate Bill S6514

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

                                  6514

                            I N  S E N A T E

                            January 31, 2014
                               ___________

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  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 six new subdivisions 30, 31, 32, 33, 34 and 35 to read
as follows:
  30. "MERCURY-ADDED LAMP" MEANS A GENERAL PURPOSE LIGHT TO WHICH MERCU-
RY OR MERCURY COMPOUNDS ARE INTENTIONALLY ADDED DURING THE MANUFACTURING
PROCESS, INCLUDING, BUT NOT LIMITED TO, 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; OR
  (C)  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 LIGHT" MEANS A LAMP, BULB OR TUBE, OR OTHER ELEC-
TRIC DEVICE THAT PROVIDES FUNCTIONAL ILLUMINATION  FOR  INDOOR  RESIDEN-
TIAL,  INDOOR  COMMERCIAL,  AND/OR  OUTDOOR  USE. GENERAL PURPOSE LIGHTS
SHALL NOT INCLUDE SPECIAL PURPOSE LIGHTS.
  33. "SPECIAL PURPOSE LIGHT" MEANS A LAMP, BULB OR  TUBE  THAT  IS  NOT
INTENDED  TO  SATISFY  THE  MAJORITY  OF  GENERAL  LIGHTING APPLICATIONS
INCLUDING BUT NOT LIMITED TO A:   SIGN  LIGHT,  APPLIANCE  LIGHT,  BLACK
LIGHT, GERMICIDAL LIGHT, BUG LIGHT, COLORED LIGHT, PLANT LIGHT, STRAIGHT
FLUORESCENT   REFLECTOR  LIGHT,  REPROGRAPHIC  LIGHT,  SHATTER-RESISTANT
LIGHT, COLD TEMPERATURE LIGHT, THREE-WAY LIGHT, PREHEAT LIGHT  AND  HIGH
COLOR RENDERING LIGHT WITH A CRI GREATER THAN OR EQUAL TO 87.
  34. "NORMAL LIFETIME" MEANS EQUAL TO OR GREATER THAN FOURTEEN THOUSAND
HOURS  AND  LESS THAN OR EQUAL TO TWENTY-FIVE THOUSAND HOURS WHEN TESTED

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

                                                           LBD13306-04-4

S. 6514                             2

ON AN ELECTRONIC BALLAST, INCLUDING TS INSTANT  START  BALLASTS  AND  TS
PROGRAMMED  START  BALLASTS, AND WHEN LIFE TESTED THREE HOURS ON, TWENTY
MINUTES OFF.
  35. "LONG LIFETIME" MEANS GREATER THAN TWENTY-FOUR THOUSAND HOURS WHEN
TESTED ON AN ELECTRONIC BALLAST, INCLUDING T8 INSTANT START BALLASTS AND
TS  PROGRAMMED  START BALLASTS, AND ON AND OFF EVERY THREE HOURS ("THREE
HOUR STARTS") WHEN LIFE TESTED THREE HOURS ON, TWENTY MINUTES OFF.
  S 2. Section 27-2107 of the environmental conservation law is  amended
by adding two new subdivisions 11 and 12 to read as follows:
  11. ON AND AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, NO PRODUCER OF A
MERCURY-ADDED  LAMP  SHALL  SELL,  OFFER FOR SALE, OR DISTRIBUTE IN THIS
STATE ANY ELECTRIC LAMP MANUFACTURED AFTER THE EFFECTIVE  DATE  OF  THIS
SUBDIVISION THAT CONTAINS MERCURY IN AN AMOUNT EXCEEDING, ON AVERAGE PER
LAMP TYPE, THE FOLLOWING MERCURY CONTENT STANDARDS:
  (A)  3  MILLIGRAMS  FOR  A  STRAIGHT FLUORESCENT T5 LAMP WITH A NORMAL
LIFETIME;
  (B) 5 MILLIGRAMS FOR STRAIGHT FLUORESCENT T8 OR T5 LAMPS WITH  A  LONG
LIFETIME AND LESS THAN SEVENTY-TWO INCHES IN LENGTH;
  (C) 15 MILLIGRAMS FOR T12 8-FOOT STRAIGHT FLUORESCENT LAMPS (EXCLUDING
HIGH OUTPUT MODELS).
  12. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN, MERCURY
CONTENT  STANDARDS ESTABLISHED IN ACCORDANCE WITH THIS SECTION SHALL NOT
APPLY TO SPECIAL PURPOSE LIGHTS.
  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. Subdivision 2 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:
  2. Any person who knowingly or  intentionally  violates  or  fails  to
perform any duty imposed by subdivision one of section 27-2105 OR SUBDI-
VISION  ELEVEN  OF  SECTION 27-2107 of this chapter shall upon the first
finding of such a  violation  be  provided  with  educational  materials
describing  the  requirements  for  mercury  disposal and the effects of
improper mercury disposal, and be warned that  future  violations  shall
result  in  the  imposition  of a fine. Any person convicted of a second
violation shall be liable for  a  civil  penalty  not  to  exceed  fifty
dollars. Any person convicted of a third violation shall be liable for a
civil  penalty  not to exceed seventy-five dollars. Any person convicted
of a fourth or subsequent violation shall be liable for a civil  penalty
not to exceed one hundred dollars for each violation.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law, provided however that effective immediately,
the  department of environmental conservation shall promulgate any regu-
lations necessary to implement the provisions of this act.