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

                                  4203

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2013
                               ___________

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  ARTICLE  SHALL  BE KNOWN AND MAY BE CITED AS THE "LIGHTING EFFI-
CIENCY 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.
                                                           LBD07424-01-3
              

A. 4203                             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. FOR PURPOSES OF THIS ARTICLE, "GENERAL PURPOSE LIGHTS" MEANS LAMPS,
BULBS, TUBES OR OTHER DEVICES THAT PROVIDE FUNCTIONAL  ILLUMINATION  FOR
INDOOR RESIDENTIAL, INDOOR COMMERCIAL AND OUTDOOR USE.
  2. GENERAL PURPOSE LIGHTS DO NOT INCLUDE ANY OF THE FOLLOWING SPECIAL-
TY  LIGHTING:  APPLIANCE, BLACK LIGHT, BUG, COLORED, INFRARED, LEFT HAND
THREAD, MARINE, SIGNAL SERVICE, MINE SERVICE,  PLANT  LIGHT,  REFLECTOR,
ROUGH  SERVICE,  SHATTER RESISTANT, SIGN SERVICE, SILVER BOWL, SHOWCASE,
THREE-WAY TRAFFIC SIGNAL, AND VIBRATION SERVICE OR VIBRATION RESISTANT.
  3. GENERAL PURPOSE LIGHTS DO NOT  INCLUDE  LIGHTS  NEEDED  TO  PROVIDE
SPECIAL NEEDS LIGHTING FOR INDIVIDUALS WITH EXCEPTIONAL NEEDS.
  4.  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 FIRST, TWO THOUSAND SIXTEEN, 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 FIRST, TWO THOUSAND FIFTEEN, 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  FIRST, TWO THOUSAND FIFTEEN, THE DEPARTMENT,
AFTER ONE OR MORE PUBLIC WORKSHOPS, WITH PUBLIC NOTICE AND  AN  OPPORTU-
NITY  FOR  ALL INTERESTED PARTIES TO COMMENT, SHALL DETERMINE THE AMOUNT
OF STATEWIDE ELECTRICAL ENERGY CONSUMPTION  USED  FOR  LIGHTING  IN  TWO

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THOUSAND  FOURTEEN,  AND SHALL APPROVE, IN A PUBLIC HEARING, A STATEWIDE
ELECTRICAL ENERGY CONSUMPTION LIMIT FOR LIGHTING, TO BE ACHIEVED BY  TWO
THOUSAND  TWENTY-FOUR,  THAT IS EQUIVALENT TO FIFTY PERCENT OF TWO THOU-
SAND   FOURTEEN   USE   LEVELS   FOR  INDOOR  RESIDENTIAL  LIGHTING  AND
SEVENTY-FIVE PERCENT OF TWO THOUSAND  FOURTEEN  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-FOUR.
  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-FOUR.
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-FOUR:
  (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 THIRTY-FIRST, TWO THOUSAND  FIFTEEN,  ESTAB-
LISH  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.