Senate Bill S4038

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4038
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2023
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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
   disposal  of  mercury-containing lamps and manufacturer collection and
   recycling programs

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 27-2113 of the environmental conservation law, as
 added by chapter 145 of the laws of 2004, subdivision 1  as  amended  by
 chapter 676 of the laws of 2005, is amended to read as follows:
 § 27-2113. Exemptions.
   [1.] The provisions of this title shall not apply to photographic film
 and paper, pharmaceutical products, biological products or any substance
 that  may be lawfully sold over the counter without a prescription under
 the federal Food, Drug and Cosmetic Act, 21 USC  301  et  seq.  For  the
 purposes of this subdivision, "biological product" means a virus, thera-
 peutic  serum,  toxin,  antitoxin,  vaccine,  blood,  blood component or
 derivative, allergenic product or an analogous product, or arsphenamine,
 or any other trivalent organic arsenic compound used for the prevention,
 treatment or cure of a disease or condition of human beings.
   [2. The provisions of subdivision one of section 27-2105 of this title
 shall not apply to mercury-containing lamps discarded by households.
   3. The provisions of subdivision one of section 27-2105 of this  title
 shall  not  apply to mercury-containing lamps discarded by a small busi-
 ness if such small business discards no more than  fifteen  mercury-con-
 taining  lamps  per  month.  For the purposes of this subdivision "small
 business" means any business which is resident in this state,  independ-
 ently  owned  and operated, not dominant in its field, and employing not
 more than one hundred individuals.]
   § 2. The environmental conservation law is amended  by  adding  a  new
 section 27-2121 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08705-01-3
              

 S. 4038                             2
 
 § 27-2121. MERCURY LAMP COLLECTION PROGRAM.
   1. DEFINITIONS. "PRODUCER" MEANS A PERSON THAT:
   (A) HAS OR HAD LEGAL OWNERSHIP OF THE BRAND, BRAND NAME OR CO-BRAND OF
 A MERCURY-CONTAINING LAMP SOLD IN OR INTO THIS STATE;
   (B) IMPORTS OR HAS IMPORTED MERCURY-CONTAINING LAMPS; OR
   (C) MAKES OR MADE AN UNBRANDED MERCURY-CONTAINING LAMP THAT IS SOLD OR
 HAS BEEN SOLD IN OR INTO THIS STATE.
   2. PRODUCER RESPONSIBILITIES. (A) EVERY PRODUCER OF MERCURY-CONTAINING
 LAMPS  SOLD  IN  OR INTO THIS STATE SHALL, INDIVIDUALLY OR COLLECTIVELY,
 AND NOT LATER THAN JUNE FIRST, TWO THOUSAND TWENTY-FIVE, SUBMIT  A  PLAN
 TO  THE  DEPARTMENT FOR APPROVAL THAT DESCRIBES A COLLECTION PROGRAM FOR
 OUT-OF-SERVICE MERCURY-CONTAINING LAMPS. THE  COLLECTION  PROGRAM  SHALL
 NOT  INVOLVE  ANY  DIRECT  COST  TO  HOUSEHOLDS  OR SMALL BUSINESSES FOR
 PARTICIPATING IN THE PROGRAM. THE COLLECTION PROGRAM SHALL AT A  MINIMUM
 INCLUDE:  THE  IDENTITY  OF  COLLECTION,  TRANSPORTATION  AND PROCESSING
 SERVICE PROVIDERS, INCLUDING CONSIDERATION GIVEN TO EXISTING RESIDENTIAL
 CURBSIDE COLLECTION INFRASTRUCTURE AND MAILBACK SYSTEMS AS AN  APPROPRI-
 ATE  COLLECTION  MECHANISM;  HOW  MERCURY AND OTHER HAZARDOUS SUBSTANCES
 WILL BE HANDLED FOR COLLECTION THROUGH FINAL DISPOSITION; THE USE OF ANY
 THIRD PARTY ORGANIZATIONS THAT MAY CONDUCT ALL OR PART OF THE COLLECTION
 AND RECYCLING PROGRAM, AND THE SPECIFIC RESPONSIBILITIES  OF  EACH  SUCH
 ORGANIZATION; AND AN EDUCATION AND OUTREACH PROGRAM.
   COLLECTION METHODS MAY INCLUDE, BUT ARE NOT LIMITED TO, (I) INDIVIDUAL
 PRODUCT MAIL RETURN AND/OR MULTIPLE COLLECTION CONTAINERS AND COLLECTION
 SITES  LOCATED  AT RETAILERS, MUNICIPALITIES FOR COLLECTION AT HOUSEHOLD
 HAZARDOUS WASTE COLLECTION  FACILITIES,  OR  HOUSEHOLD  HAZARDOUS  WASTE
 EVENTS;  (II) THE DISTRIBUTION OF CONTAINERS FOR MERCURY-CONTAINING LAMP
 COLLECTION; AND (III) CRITERIA TO ENSURE THAT THE CAPTURE RATE  OF  OUT-
 OF-SERVICE MERCURY-CONTAINING LAMPS IS MAXIMIZED.
   (B) NOT LATER THAN DECEMBER FIRST, TWO THOUSAND TWENTY-FIVE, PRODUCERS
 OF  MERCURY-CONTAINING  LAMPS  SHALL  IMPLEMENT  THE  COLLECTION PROGRAM
 OUTLINED IN THEIR PLAN.
   (C) BEGINNING JUNE FIRST, TWO THOUSAND TWENTY-SIX, AND ANNUALLY THERE-
 AFTER, EACH PRODUCER OF MERCURY-CONTAINING LAMPS SHALL SUBMIT  A  REPORT
 TO  THE  DEPARTMENT  THAT INCLUDES, AT A MINIMUM, THE FOLLOWING INFORMA-
 TION:
   (I) THE NUMBER OF MERCURY-CONTAINING LAMPS COLLECTED AND  RECYCLED  BY
 THE PRODUCER DURING THE PREVIOUS CALENDAR YEAR;
   (II)  THE  ESTIMATED  TOTAL  AMOUNT  OF  MERCURY CONTAINED IN THE LAMP
 COMPONENTS COLLECTED BY THAT PRODUCER IN THE PREVIOUS CALENDAR YEAR;
   (III) AN EVALUATION OF THE EFFECTIVENESS OF THE PRODUCER'S  COLLECTION
 PROGRAM AND ANY FINANCIAL INCENTIVES; AND
   (IV)  AN ACCOUNTING OF THE ADMINISTRATIVE COSTS INCURRED IN THE COURSE
 OF ADMINISTERING THE COLLECTION AND RECYCLING PROGRAM AND ANY  FINANCIAL
 INCENTIVE PLAN.
   3. DEPARTMENT RESPONSIBILITIES. (A) WITHIN NINETY DAYS OF RECEIPT OF A
 COMPLETE  PRODUCER PLAN REQUIRED BY SUBDIVISION TWO OF THIS SECTION, THE
 DEPARTMENT SHALL REVIEW SUCH PLAN AND  APPROVE,  DENY  OR  APPROVE  WITH
 MODIFICATIONS  EACH  PLAN  SUBMITTED. THE DEPARTMENT SHALL NOT APPROVE A
 PLAN UNLESS  ALL  ELEMENTS  OF  SUBDIVISION  TWO  OF  THIS  SECTION  ARE
 ADEQUATELY  ADDRESSED.  IN REVIEWING A PLAN, THE DEPARTMENT MAY CONSIDER
 THE CONSISTENCY OF THE PLAN WITH COLLECTION IN OTHER STATES AND CONSIDER
 CONSISTENCY BETWEEN PRODUCER PROGRAMS. IN REVIEWING PLANS,  THE  DEPART-
 MENT  SHALL  ENSURE THAT EDUCATION AND OUTREACH PROGRAMS ARE UNIFORM AND
 CONSISTENT TO ENSURE EASE OF IMPLEMENTATION.
 S. 4038                             3
 
   (B) THE DEPARTMENT SHALL MAINTAIN AND POST ON ITS WEBSITE  A  LIST  OF
 ENTITIES  AND LOCATIONS THAT SERVE AS COLLECTION POINTS FOR MERCURY-CON-
 TAINING LAMPS.
   (C)  IN  CONJUNCTION WITH THE EDUCATIONAL AND OUTREACH PROGRAMS IMPLE-
 MENTED BY  PRODUCERS,  THE  DEPARTMENT  MAY  CONDUCT  AN  EDUCATION  AND
 OUTREACH  PROGRAM  DIRECTED  AT  RETAILERS AND HOMEOWNERS TO PROMOTE THE
 COLLECTION OF DISCARDED MERCURY-CONTAINING LAMPS.
   (D) BY DECEMBER FIRST, TWO THOUSAND TWENTY-SIX, AND ANNUALLY THEREAFT-
 ER, THE DEPARTMENT SHALL POST A REPORT  ON  ITS  WEBSITE  DETAILING  THE
 COLLECTION  AND RECYCLING OF MERCURY-CONTAINING LAMPS IN THE STATE. SUCH
 REPORT  SHALL  INCLUDE  AN  EVALUATION  OF  THE  EFFECTIVENESS  OF   THE
 COLLECTION  AND RECYCLING PROGRAMS, AND INFORMATION ON ACTUAL COLLECTION
 RATES.
   § 3. This act shall take effect  immediately,  provided  however  that
 section one of this act shall take effect January 1, 2024.