S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1524
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by  Sens. AVELLA, ADDABBO -- 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.
              

                                                            LBD00674-01-7

 S. 1524                             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").
   §  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 NINETEEN, 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 NINETEEN, MERCURY
 CONTENT STANDARDS ESTABLISHED IN ACCORDANCE WITH THIS SECTION SHALL  NOT
 APPLY TO SPECIAL PURPOSE LIGHTS.
   § 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:
 § 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.
   §  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.
   §  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. 1524                             3
 
 SECOND  AND  ANY  FURTHER  VIOLATION, THE LIABILITY SHALL BE FOR A CIVIL
 PENALTY NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS FOR EACH VIOLATION.
   § 6. This act shall take effect immediately.