NY State Senate Bill S2139

Archive: Last Bill Status Via A2501 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 13, 2019	approval memo.38 signed chap.647
Dec 06, 2019	delivered to governor
Apr 30, 2019	returned to assembly passed senate 3rd reading cal.75 substituted for s2139b
Apr 30, 2019	substituted by a2501a
Apr 10, 2019	amended on third reading 2139b
Feb 04, 2019	advanced to third reading
Jan 29, 2019	2nd report cal. amended 2139a
Jan 28, 2019	1st report cal.75
Jan 22, 2019	referred to environmental conservation

Votes

view votes

Apr 30, 2019 - floor Vote

A2501A

floor

Aye

Nay

Absent

Excused

Abstained

Jan 28, 2019 - Environmental Conservation committee Vote

S2139

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

S2139 - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§27-2101, 27-2107 & 71-2724, En Con L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7456
2015-2016: S3261
2017-2018: S4636, S8077

S2139 - Summary

Relates to the reduction of mercury in mercury-added lamps.

S2139 - Sponsor Memo

 
BILL NUMBER: S2139

SPONSOR: SANDERS
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to the reduction of mercury in mercury-added lamps

 
PURPOSE:

To address the serious health risks posed to New York State residents by
the amount of mercury in mercury-added lamps.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 27-2101 of the environmental
conservation law by adding new subdivisions thirty, thirty-one, thirty-
two, thirty-three, and thirty-four to define "mercury-added lamp,"
"producer of mercury-added lamps," "general purpose lights," "special
purpose lights," and "long lifetime."

Section 2 of the bill amends section 27-2107 of the environmental
conservation law by adding new subdivisions eleven and twelve.  Subdivi-

sion eleven prohibits the sale or distribution of mercury-added lamps
that fail to meet mercury content standards adopted by the department
after January 1, 2017, and establishes maximum mercury content for
general purpose lights. Subdivision twelve exempts special purpose
lights from mercury content standards until December 31, 2017.

Section 3 of the bill amends subdivision one of section 71-2724 of the
environmental conservation law to exclude subdivision eleven of section
27-2710 of the environmental conservation law from the penalties set
forth therein.

Section 4 of the bill amends subdivision two of section 71-2724 of the
environmental conservation law to exclude subdivision eleven of section
27-2107 from the penalties set forth therein.

Section 5 of the bill sets forth the effective date.

 
EXISTING LAW:

New Law

 
JUSTIFICATION:

The amount of mercury contained within mercury-added lamps poses a
potential health risk. When a mercury-added lamp breaks, it releases
mercury, which is a hazardous material dangerous to human health and the
environment. Breakage can occur during normal use, transportation, and
end-of-life management. This legislation would ensure that mercury-added
lamps sold in New York State do not contain excessive levels of mercury.

The European Union, California, Maine, and Vermont have adopted laws
that set maximum mercury content limits for compact fluorescent lamps
(CFLs), tubular fluorescent lamps that are linear, circular or another
shape, high-pressure sodium lamps, and a variety of other mercury-added
lamps. The National Electrical Manufacturers Association (NEMA) has also
recommended mercury content limits for mercury-added lamps, and many of
its member organizations have voluntarily complied.

In 2005, New York banned the disposal of mercury-added consumer products
in solid waste management facilities. However, the law exempted mercu-
ry-containing lamps discarded by households. In the absence of a conven-
ient collection program for discarded mercury lamps, most of those used
for residential purposes are being disposed of in landfills and inciner-
ators. Restricting the sale of mercury-added consumer products is
consistent with the legislative recommendations of New York's Sustaina-
ble Materials Management Policy which was adopted in December 2010.

 
LEGISLATIVE HISTORY:

02/04/15 REFERRED TO ENVIRONMENTAL CONSERVATION
01/06/16 REFERRED TO ENVIRONMENTAL CONSERVATION
01/19/16 AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
01/19/16 PRINT NUMBER 3261A

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately. Effective immediately, the
department of environmental conservation may promulgate any regulations
necessary to implement the provisions of this act.

S2139 - Bill Text download pdf


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

                                  2139

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 22, 2019
                               ___________

Introduced by Sens. SANDERS, ADDABBO, HOYLMAN, SERRANO -- 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, FLUORES-
CENT LAMPS AND TUBULAR 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 LIGHTS" MEANS LAMPS, BULBS, TUBES, OR OTHER ELEC-
TRIC  DEVICES  THAT  PROVIDE FUNCTIONAL ILLUMINATION FOR INDOOR RESIDEN-
TIAL, INDOOR COMMERCIAL, AND OUTDOOR USE. GENERAL PURPOSE  LIGHTS  SHALL
NOT INCLUDE SPECIAL PURPOSE LIGHTS.
  33.  "SPECIAL  PURPOSE LIGHTS" MEANS THE FOLLOWING SPECIALTY LIGHTING:
APPLIANCE, BLACK LIGHT, GERMICIDAL, BUG,  COLORED,  INFRARED,  LEFT-HAND
THREAD,  MARINE,  MARINE'S  SIGNAL  SERVICE,  MINE SERVICE, PLANT LIGHT,
REFLECTOR, REPROGRAPHIC, ROUGH SERVICE, SHATTER-RESISTANT, COLD  TEMPER-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07150-01-9

S. 2139                             2

ATURE,  SIGN  SERVICE, SILVER BOWL, SHOWCASE, THREE-WAY, TRAFFIC SIGNAL,
AND VIBRATION SERVICE.
  34.  "LONG  LIFETIME"  MEANS MORE THAN TWENTY-FOUR THOUSAND HOURS WHEN
TESTED ON 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 TWENTY,  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)  2.5  MILLIGRAMS  FOR  COMPACT  FLUORESCENT LAMPS LESS THAN THIRTY
WATTS;
  (B) 3.5 MILLIGRAMS FOR STRAIGHT FLUORESCENT T8  LAMPS  WITH  A  NORMAL
LIFETIME  (EXCLUDING  8-FOOT  MODELS)  AND  3.0  MILLIGRAMS FOR STRAIGHT
FLUORESCENT T5 LAMPS WITH A NORMAL LIFETIME;
  (C) 5.0 MILLIGRAMS FOR STRAIGHT FLUORESCENT T8 AND  T5  LAMPS  WITH  A
LONG LIFETIME;
  (D)  15.0  MILLIGRAMS FOR NON-LINEAR FLUORESCENT T8, T5, AND T12 LAMPS
AND 8-FOOT LINEAR FLUORESCENT LAMPS (EXCLUDING VERY HIGH OUTPUT MODELS);
  12. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND  TWENTY,  MERCURY
CONTENT  STANDARDS ESTABLISHED IN ACCORDANCE WITH THIS SECTION SHALL NOT
APPLY TO SPECIAL PURPOSE LIGHTS.
  § 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.
  § 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.
  §  5.  This act shall take effect immediately.  Effective immediately,
the department of environmental conservation shall promulgate any  regu-
lations necessary to implement the provisions of this act.

Co-Sponsors

S2139A - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§27-2101, 27-2107 & 71-2724, En Con L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7456
2015-2016: S3261
2017-2018: S4636, S8077

S2139A - Summary

Relates to the reduction of mercury in mercury-added lamps.

S2139A - Sponsor Memo

 
BILL NUMBER: S2139A

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to the
reduction of mercury in mercury-added lamps

 
PURPOSE:

The purpose of this bill is to minimize the potential health risks posed
by the amount of mercury in mercury-added light bulbs.

 
SUMMARY OF PROVISIONS:

Section 1 amends § 27-2101 of the Environmental Conservation Law, to
define "mercury-added lamp," "producer of mercury-added lamps," "general
purpose lights," "special purpose lights," and "long lifetime."

Section 2 amends § 27-2107 of the Environmental Conservation Law to
prohibit the sale or distribution of mercury-added light bulbs that fail

to meet mercury content standards adopted by DEC after January 1, 2021,
and establishes maximum mercury content for general purpose lights.
Subdivision twelve exempts special purpose lights from mercury content
standards until December 31, 2021.

Section 3 amends § 71-2724(1) of the Environmental Conservation Law to
exclude mercury-added light bulbs from the existing penalties.

Section 4 amends § 71-2724(2) of the Environmental Conservation Law to
establish penalties for mercury-added light bulbs to include that first
time violators will be provided with educational materials describing
the requirements for mercury disposal. Second time violators shall be
liable for a civil penalty not to exceed fifty dollars, third time
violators for seventy-five dollars, and fourth time violators shall be
liable for a civil penalty not to exceed one hundred dollars for each
violation.

Section 5 sets forth the effective date.

 
JUSTIFICATION:

The amount of mercury contained within mercury-added light bulbs,
commonly known as compact fluorescent lamp/light(CFLs), poses a poten-
tial health risk. When a mercury-added lamp breaks it can release mercu-
ry, which is hazardous to human health and the environment. Breakage can
occur during normal use, transportation, and end-of-life management.
This legislation would ensure that mercury-added light bulbs sold in New
York do not contain excessive levels of mercury. The European Union,
California, Maine, and Vermont have adopted similar laws that set maxi-
mum me content limits. The National Electrical Manufacturers Association
(also recommended mercury content limits for mercury-added lamps, and m
its member organizations have voluntarily complied.

 
LEGISLATIVE HISTORY:

02/04/15 REFERRED TO ENVIRONMENTAL CONSERVATION
01/06/16 REFERRED TO ENVIRONMENTAL CONSERVATION
01/19/16 AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
01/19/16 PRINT NUMBER 3261A
03/26/18 REFERRED TO ENVIRONMENTAL CONSERVATION

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S2139A - Bill Text download pdf


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

                                 2139--A
    Cal. No. 75

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 22, 2019
                               ___________

Introduced by Sens. SANDERS, ADDABBO, HOYLMAN, SERRANO -- read twice and
  ordered  printed, and when printed to be committed to the Committee on
  Environmental Conservation -- reported favorably from said  committee,
  ordered  to first report, amended on first report, ordered to a second
  report and ordered reprinted, retaining its  place  in  the  order  of
  second report

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,  FLUORES-
CENT LAMPS AND TUBULAR 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 LIGHTS" MEANS LAMPS, BULBS, TUBES, OR OTHER ELEC-
TRIC DEVICES THAT PROVIDE FUNCTIONAL ILLUMINATION  FOR  INDOOR  RESIDEN-
TIAL,  INDOOR  COMMERCIAL, AND OUTDOOR USE. GENERAL PURPOSE LIGHTS SHALL
NOT INCLUDE SPECIAL PURPOSE LIGHTS.
  33. "SPECIAL PURPOSE LIGHTS" MEANS THE FOLLOWING  SPECIALTY  LIGHTING:
APPLIANCE,  BLACK  LIGHT,  GERMICIDAL, BUG, COLORED, INFRARED, LEFT-HAND
THREAD, MARINE, MARINE'S SIGNAL  SERVICE,  MINE  SERVICE,  PLANT  LIGHT,
REFLECTOR,  REPROGRAPHIC, ROUGH SERVICE, SHATTER-RESISTANT, COLD TEMPER-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07150-03-9

S. 2139--A                          2

ATURE, SIGN SERVICE, SILVER BOWL, SHOWCASE, THREE-WAY,  TRAFFIC  SIGNAL,
AND VIBRATION SERVICE.
  34.  "LONG  LIFETIME"  MEANS MORE THAN TWENTY-FOUR THOUSAND HOURS WHEN
TESTED ON 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 TWENTY-ONE,  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 DEPART-
MENT, AND FOR THE FOLLOWING  GENERAL  PURPOSE  LIGHTS,  MERCURY  CONTENT
SHALL BE NO HIGHER THAN:
  (A)  2.5  MILLIGRAMS  FOR  COMPACT  FLUORESCENT LAMPS LESS THAN THIRTY
WATTS;
  (B) 3.5 MILLIGRAMS FOR STRAIGHT FLUORESCENT T8  LAMPS  WITH  A  NORMAL
LIFETIME  (EXCLUDING  8-FOOT  MODELS)  AND  3.0  MILLIGRAMS FOR STRAIGHT
FLUORESCENT T5 LAMPS WITH A NORMAL LIFETIME;
  (C) 5.0 MILLIGRAMS FOR STRAIGHT FLUORESCENT T8 AND  T5  LAMPS  WITH  A
LONG LIFETIME;
  (D)  15.0  MILLIGRAMS FOR NON-LINEAR FLUORESCENT T8, T5, AND T12 LAMPS
AND 8-FOOT LINEAR FLUORESCENT LAMPS (EXCLUDING VERY HIGH OUTPUT MODELS);
  12. ON OR  BEFORE  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  TWENTY-ONE,
MERCURY  CONTENT  STANDARDS  ESTABLISHED IN ACCORDANCE WITH THIS SECTION
SHALL NOT APPLY TO SPECIAL PURPOSE LIGHTS.
  § 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.
  § 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.
  §  5.  This act shall take effect immediately.  Effective immediately,
the addition, amendment and/or repeal of any rule or  regulation  neces-
sary  for  the  implementation  of  this  act  on its effective date are
authorized to be made and completed on or before such date.

Co-Sponsors

S2139B (ACTIVE) - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§27-2101, 27-2107 & 71-2724, En Con L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7456
2015-2016: S3261
2017-2018: S4636, S8077

S2139B (ACTIVE) - Summary

Relates to the reduction of mercury in mercury-added lamps.

S2139B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2139B

SPONSOR: SANDERS
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to the reduction of mercury in mercury-added lamps

 
PURPOSE:

The purpose of this bill is to minimize the potential health risks posed
by the amount of mercury in mercury-added light bulbs.

 
SUMMARY OF PROVISIONS:

Section 1 amends § 27-2101 of the Environmental Conservation Law, to
define "mercury-added lamp," "producer of mercury-added lamps," "general
purpose lights," "special purpose lights," and "long lifetime."

Section 2 amends § 27-2107 of the Environmental Conservation Law to
prohibit the sale or distribution of mercury-added light bulbs that fail
to meet mercury content standards adopted by DEC after January 1, 2021,
and establishes maximum mercury content for general purpose lights.

Subdivision twelve exempts special purpose lights from mercury content
standards until December 31, 2021.

Section 3 amends § 71-2724(1) of the Environmental Conservation Law to
exclude mercury-added light bulbs from the existing penalties.

Section 4 amends § 71-2724(2) of the Environmental Conservation Law to
establish penalties for mercury-added light bulbs to include that first
time violators will be provided with educational materials describing
the requirements for mercury disposal. Second time violators shall be
liable for a civil penalty not to exceed fifty dollars, third time
violators for seventy-five dollars, and fourth time violators shall be
liable for a civil penalty not to exceed one hundred dollars for each
violation.

Section 5 sets forth the effective date.

 
JUSTIFICATION:

The amount of mercury contained within mercury-added light bulbs,
commonly known as compact fluorescent lamp/light(CFLs), poses a poten-
tial health risk. When a mercury-added lamp breaks it can release mercu-
ry, which is hazardous to human health and the environment.  Breakage
can occur during normal use, transportation, and end-of-life management.
This legislation would ensure that mercury-added light bulbs sold in New
York do not contain excessive levels of mercury.  The European Union,
California, Maine, and Vermont have adopted similar laws that set maxi-
mum me content limits. The National Electrical Manufacturers Association
(also recommended mercury content limits for mercury-added lamps, and m
its member organizations have voluntarily complied.

 
LEGISLATIVE HISTORY:

02/04/15 REFERRED TO ENVIRONMENTAL CONSERVATION
01/06/16 REFERRED TO ENVIRONMENTAL CONSERVATION
01/19/16 AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
01/19/16 PRINT NUMBER 3261A
03/26/18 REFERRED TO ENVIRONMENTAL CONSERVATION
 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S2139B (ACTIVE) - Bill Text download pdf


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

                                 2139--B
    Cal. No. 75

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 22, 2019
                               ___________

Introduced  by Sens. SANDERS, ADDABBO, HOYLMAN, METZGER, SERRANO -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Environmental  Conservation  -- reported favorably from
  said committee, ordered to first  report,  amended  on  first  report,
  ordered  to a second report and ordered reprinted, retaining its place
  in the order of second report -- ordered to a third  reading,  amended
  and ordered reprinted, retaining its place in the order of third read-
  ing

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,  FLUORES-
CENT LAMPS AND TUBULAR 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 LIGHTS" MEANS LAMPS, BULBS, TUBES, OR OTHER ELEC-
TRIC DEVICES THAT PROVIDE FUNCTIONAL ILLUMINATION  FOR  INDOOR  RESIDEN-
TIAL,  INDOOR  COMMERCIAL, AND OUTDOOR USE. GENERAL PURPOSE LIGHTS SHALL
NOT INCLUDE SPECIAL PURPOSE LIGHTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD07150-05-9

S. 2139--B                          2

  33. "SPECIAL PURPOSE LIGHTS" MEANS THE FOLLOWING  SPECIALTY  LIGHTING:
APPLIANCE,  BLACK  LIGHT,  GERMICIDAL,  COLORED, PLANT LIGHT, REFLECTOR,
REPROGRAPHIC, SHATTER-RESISTANT, COLD  TEMPERATURE,  SIGN  SERVICE,  AND
PREHEAT.
  34.  "LONG  LIFETIME"  MEANS MORE THAN TWENTY-FOUR THOUSAND HOURS WHEN
TESTED ON 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 TWENTY-ONE,  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 DEPART-
MENT PURSUANT TO RULES AND REGULATIONS.  SUCH  STANDARDS  SHALL  INCLUDE
WHAT,  IF  ANY, ALLOWANCE SHOULD BE GRANTED FOR SLIGHT VARIATIONS IN THE
AMOUNT OF MERCURY RESULTING FROM PRODUCTION VARIANCES.  FOR THE  FOLLOW-
ING GENERAL PURPOSE LIGHTS, MERCURY CONTENT SHALL BE NO HIGHER THAN:
  (A) 2.5 MILLIGRAMS FOR SCREW-BASED COMPACT FLUORESCENT LAMPS LESS THAN
THIRTY WATTS;
  (B)  3.5  MILLIGRAMS  FOR  STRAIGHT FLUORESCENT T8 LAMPS WITH A NORMAL
LIFETIME (EXCLUDING 8-FOOT  MODELS)  AND  3.0  MILLIGRAMS  FOR  STRAIGHT
FLUORESCENT T5 LAMPS WITH A NORMAL LIFETIME;
  (C)  5.0  MILLIGRAMS  FOR  STRAIGHT FLUORESCENT T8 AND T5 LAMPS WITH A
LONG LIFETIME;
  (D) 15.0 MILLIGRAMS FOR NON-LINEAR FLUORESCENT T8, T5, AND  T12  LAMPS
AND 8-FOOT LINEAR FLUORESCENT LAMPS (EXCLUDING VERY HIGH OUTPUT MODELS);
  12.  ON  OR  BEFORE  DECEMBER  THIRTY-FIRST,  TWO THOUSAND TWENTY-SIX,
MERCURY CONTENT STANDARDS ESTABLISHED IN ACCORDANCE  WITH  THIS  SECTION
SHALL NOT APPLY TO SPECIAL PURPOSE LIGHTS.
  §  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.
  §  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. 2139--B                          3

  § 5. This act shall take effect immediately.   Effective  immediately,
the  addition,  amendment and/or repeal of any rule or regulation neces-
sary for the implementation of  this  act  on  its  effective  date  are
authorized to be made and completed on or before such date.

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The New York State Senate

senate Bill S2139

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Archive: Last Bill Status Via A2501 - Signed by Governor

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Apr 30, 2019 - floor Vote

Floor Vote: Apr 30, 2019

Jan 28, 2019 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: Jan 28, 2019

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S2139 - Summary

S2139 - Sponsor Memo

S2139 - Bill Text download pdf

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S2139A - Details

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senate Bill S2139

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Sponsored By

Archive: Last Bill Status Via A2501 - Signed by Governor

Your Voice

Actions

Votes

Apr 30, 2019 - floor Vote

Floor Vote: Apr 30, 2019

Jan 28, 2019 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: Jan 28, 2019

Bill Amendments

Co-Sponsors

S2139 - Details

S2139 - Summary

S2139 - Sponsor Memo

S2139 - Bill Text download pdf

Co-Sponsors

S2139A - Details

S2139A - Summary

S2139A - Sponsor Memo

S2139A - Bill Text download pdf

Co-Sponsors

S2139B (ACTIVE) - Details

S2139B (ACTIVE) - Summary

S2139B (ACTIVE) - Sponsor Memo

S2139B (ACTIVE) - Bill Text download pdf

Comments