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

                                   732

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  AVELLA -- 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 five new subdivisions 30, 31, 32, 33, and 34 to read
as follows:
  30. "MERCURY-ADDED LAMP" MEANS AN ELECTRIC LAMP TO  WHICH  MERCURY  OR
MERCURY COMPOUNDS ARE INTENTIONALLY ADDED DURING THE MANUFACTURING PROC-
ESS,  INCLUDING,  BUT  NOT  LIMITED TO, COMPACT FLUORESCENT LAMPS, HALO-
PHOSPHATE STRAIGHT FLUORESCENT LAMPS, AND TRIPHOSPHATE  (TRIBAND  PHOSP-
HATES) STRAIGHT 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;
  (C)  IMPORTS  OR  EXPORTS  ELECTRICAL  AND  ELECTRONIC  EQUIPMENT ON A
PROFESSIONAL BASIS; OR
  (D) 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 LIGHTS" MEANS THE FOLLOWING LAMPS, BULBS, TUBES,
OR OTHER ELECTRIC  DEVICES  THAT  PROVIDE  FUNCTIONAL  ILLUMINATION  FOR
INDOOR RESIDENTIAL, INDOOR COMMERCIAL, AND OUTDOOR USE: COMPACT FLUORES-
CENT LAMPS UP TO NINE INCHES IN LENGTH AND STRAIGHT FLUORESCENT LAMPS UP
TO FIFTY INCHES IN LENGTH WITH A MEDIUM BI-PIN OR MINIATURE BI-PIN BASE,
THAT  OPERATE  ON  AN  INSTANT  START,  RAPID START, OR PROGRAMMED START

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

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S. 732                              2

BALLAST. GENERAL PURPOSE LIGHTS SHALL NOT INCLUDE T12 LAMPS THAT OPERATE
ON A REFERENCE CURRENT GREATER THAN FOUR  HUNDRED  FIFTY  MILLIAMPS,  T8
LAMPS  THAT  OPERATE  ON  A REFERENCE CURRENT GREATER THAN THREE HUNDRED
FIFTY MILLIAMPS, OR SPECIAL PURPOSE LIGHTS.
  33.  "SPECIAL  PURPOSE LIGHTS" MEANS THE FOLLOWING SPECIALTY LIGHTING:
APPLIANCE, BLACK LIGHT, GERMICIDAL, BUG, COLORED, PLANT  LIGHT,  REFLEC-
TOR, REPROGRAPHIC, SHATTER RESISTANT, COLD TEMPERATURE, OR THREE-WAY.
  34.  "LONG  LIFETIME"  MEANS MORE THAN TWENTY-FOUR THOUSAND HOURS WHEN
TESTED ON AN ELECTRONIC OR ELECTROMAGNETIC BALLAST, INCLUDING,  BUT  NOT
LIMITED  TO, A T8 INSTANT START BALLAST, A T12 RAPID START BALLAST, OR A
T5 PROGRAMMED START BALLAST, AND TURNED ON AND  OFF  EVERY  THREE  HOURS
("THREE HOUR STARTS").
  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
MERCURY-ADDED LAMPS SHALL SELL, OFFER FOR SALE, OR DISTRIBUTE SUCH LAMPS
THAT  FAIL  TO MEET MERCURY CONTENT STANDARDS ADOPTED BY THE DEPARTMENT,
AND FOR THE FOLLOWING GENERAL PURPOSE LIGHTS, MERCURY CONTENT  SHALL  BE
NO HIGHER THAN:
  (A) FIVE MILLIGRAMS FOR COMPACT FLUORESCENT LAMPS;
  (B) TEN MILLIGRAMS FOR HALOPHOSPHATE STRAIGHT FLUORESCENT LAMPS;
  (C) FIVE MILLIGRAMS FOR TRIPHOSPHATE STRAIGHT FLUORESCENT LAMPS WITH A
NORMAL LIFETIME;
  (D)  EIGHT MILLIGRAMS FOR TRIPHOSPHATE STRAIGHT FLUORESCENT LAMPS WITH
A LONG LIFETIME.
  12. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN,  MERCURY
CONTENT  STANDARDS ESTABLISHED IN ACCORDANCE WITH THIS SECTION SHALL NOT
APPLY TO SPECIAL PURPOSE LIGHTS.
  S 3. Section 27-2111 of the environmental conservation law, as amended
by chapter 676 of the laws of 2005, is amended to read as follows:
S 27-2111. Regulations.
  The department shall promulgate and enforce any regulations  necessary
to implement the provisions of this title.
  Such  regulations  shall provide for the proper storage, recycling and
disposal of mercury-added  consumer  products  at  facilities  regulated
pursuant to titles seven and nine of this article.
  SUCH  REGULATIONS MAY PROVIDE FOR MERCURY CONTENT STANDARDS FOR MERCU-
RY-ADDED LAMPS NOT INCONSISTENT WITH SECTION 27-2107 OF THIS TITLE.
  S 4. 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 5. 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

S. 732                              3

SECOND AND ANY FURTHER VIOLATION, THE LIABILITY SHALL  BE  FOR  A  CIVIL
PENALTY NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS FOR EACH VIOLATION.
  S 6. This act shall take effect immediately.