Senate Bill S4691B

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4691
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 11, 2025
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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
   prohibiting  the  sale and distribution of mercury-added lamps; and to
   repeal certain provisions of such law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  27-2107 of the environmental conservation law is
 amended by adding a new subdivision 13 to read as follows:
   13. ON AND AFTER JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT,  NO  PERSON
 SHALL SELL, OFFER FOR SALE, OR DISTRIBUTE MERCURY-ADDED LAMPS.
   §  2. Subdivision 11 of section 27-2107 of the environmental conserva-
 tion law is REPEALED.
   § 3. This act shall take effect immediately; provided,  however,  that
 section two of this act shall take effect January 1, 2028.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03900-01-5



              

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4691--A
     Cal. No. 1376
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 11, 2025
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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 and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   prohibiting the sale and distribution of certain 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 two new subdivisions 35 and 36 to read as follows:
   35. "COMPACT FLUORESCENT MERCURY-ADDED LAMP"  MEANS  A  COMPACT,  LOW-
 PRESSURE,  MERCURY-CONTAINING,  ELECTRIC-DISCHARGE LIGHT SOURCE, WHETHER
 INTEGRALLY BALLASTED OR NON-INTEGRALLY BALLASTED AND REGARDLESS  OF  THE
 TUBE  DIAMETER  OR  LENGTH AND THE SHAPE OR SIZE OF THE LAMP, IN WHICH A
 FLUORESCENT COATING TRANSFORMS  A  PORTION  OF  THE  ULTRAVIOLET  ENERGY
 GENERATED BY THE MERCURY DISCHARGE INTO VISIBLE LIGHT AND THAT:
   (A)  HAS  A  SINGLE  BASE  OR  END CAP OF ANY TYPE, INCLUDING, BUT NOT
 LIMITED TO, A SCREW BASE TYPE, A BAYONET BASE TYPE OR A TWO-PIN OR FOUR-
 PIN BASE TYPE; AND
   (B) PROVIDES A LIGHT EMISSION BETWEEN A CORRELATED  COLOR  TEMPERATURE
 OF SEVENTEEN HUNDRED KELVIN AND TWENTY-FOUR THOUSAND KELVIN AND A DUV OF
 +0.024  AND -0.024 IN THE INTERNATIONAL COMMISSION ON ILLUMINATION (CIE)
 UNIFORM COLOR SPACE (CAM02-UCS).
   36. "LINEAR FLUORESCENT  MERCURY-ADDED  LAMP"  MEANS  A  LOW-PRESSURE,
 MERCURY-CONTAINING,  ELECTRIC-DISCHARGE  LIGHT SOURCE, REGARDLESS OF THE
 TUBE DIAMETER AND THE SHAPE OF THE LAMP, IN WHICH A FLUORESCENT  COATING
 TRANSFORMS  A PORTION OF THE ULTRAVIOLET ENERGY GENERATED BY THE MERCURY
 DISCHARGE INTO VISIBLE LIGHT AND THAT:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03900-02-5
 S. 4691--A                          2
              

 
   (A) HAS TWO BASES OR END CAPS OF ANY TYPE, INCLUDING, BUT NOT  LIMITED
 TO,  A  ONE-PIN  OR TWO-PIN BASE TYPE AND A RECESSED DOUBLE CONTACT BASE
 TYPE;
   (B)  PROVIDES  A LIGHT EMISSION BETWEEN A CORRELATED COLOR TEMPERATURE
 OF SEVENTEEN HUNDRED KELVIN AND TWENTY-FOUR THOUSAND KELVIN AND A DUV OF
 +0.024 AND -0.024 IN THE INTERNATIONAL COMMISSION ON ILLUMINATION  (CIE)
 UNIFORM COLOR SPACE (CAM02-UCS); AND
   (C) HAS A TUBE LENGTH OF 0.5 FEET TO EIGHT FEET.
   §  2. Section 27-2107 of the environmental conservation law is amended
 by adding a new subdivision 13 to read as follows:
   13. (A) ON AND AFTER JANUARY  FIRST,  TWO  THOUSAND  TWENTY-EIGHT,  NO
 PERSON  SHALL  SELL, OFFER FOR SALE, OR DISTRIBUTE A COMPACT FLUORESCENT
 MERCURY-ADDED LAMP OR A LINEAR FLUORESCENT  MERCURY-ADDED  LAMP,  EXCEPT
 THAT  EXISTING  STOCK ACQUIRED PRIOR TO SUCH DATE MAY BE EXHAUSTED UNTIL
 JULY FIRST, TWO THOUSAND TWENTY-EIGHT.
   (B) THE PROHIBITIONS IN THIS SUBDIVISION DO NOT APPLY TO:
   (I) A LAMP DESIGNED AND MARKETED EXCLUSIVELY  FOR  IMAGE  CAPTURE  AND
 PROJECTION,  INCLUDING:  PHOTOCOPYING; PRINTING, DIRECTLY OR IN PREPROC-
 ESSING; LITHOGRAPHY; FILM OR VIDEO PROJECTION; OR HOLOGRAPHY;
   (II) A LAMP THAT HAS A HIGH PROPORTION OF ULTRAVIOLET  LIGHT  EMISSION
 AND IS ONE OF THE FOLLOWING:
   (1)  A  LAMP  WITH HIGH ULTRAVIOLET CONTENT THAT HAS ULTRAVIOLET POWER
 GREATER THAN TWO MILLIWATTS PER KILOLUMEN;
   (2) A LAMP FOR GERMICIDAL USE, SUCH AS THE DESTRUCTION  OF  DNA,  THAT
 EMITS A PEAK RADIATION OF APPROXIMATELY 253.7 NANOMETERS;
   (3)  A  LAMP DESIGNED AND MARKETED EXCLUSIVELY FOR DISINFECTION OR FLY
 TRAPPING FROM WHICH EITHER  THE  RADIATION  POWER  EMITTED  BETWEEN  TWO
 HUNDRED  FIFTY  AND THREE HUNDRED FIFTEEN NANOMETERS REPRESENTS AT LEAST
 FIVE PERCENT OF, OR THE RADIATION POWER EMITTED  BETWEEN  THREE  HUNDRED
 FIFTEEN  AND  FOUR HUNDRED NANOMETERS REPRESENTS AT LEAST TWENTY PERCENT
 OF, THE TOTAL RADIATION POWER EMITTED  BETWEEN  TWO  HUNDRED  FIFTY  AND
 EIGHT HUNDRED NANOMETERS;
   (4)  A  LAMP  DESIGNED  AND MARKETED EXCLUSIVELY FOR THE GENERATION OF
 OZONE WHERE THE PRIMARY PURPOSE IS TO EMIT  RADIATION  AT  APPROXIMATELY
 185.1 NANOMETERS;
   (5)  A  LAMP DESIGNED AND MARKETED EXCLUSIVELY FOR CORAL ZOOXANTHELLAE
 SYMBIOSIS FROM WHICH THE RADIATION POWER EMITTED  BETWEEN  FOUR  HUNDRED
 AND  FOUR HUNDRED EIGHTY NANOMETERS REPRESENTS AT LEAST FORTY PERCENT OF
 THE TOTAL RADIATION POWER EMITTED BETWEEN TWO HUNDRED  FIFTY  AND  EIGHT
 HUNDRED NANOMETERS; AND
   (6)  A  LAMP  DESIGNED  AND  MARKETED EXCLUSIVELY FOR USE IN A SUNLAMP
 PRODUCT, AS DEFINED IN 21 CFR 1040.20(B)(9);
   (III) A LAMP DESIGNED AND MARKETED EXCLUSIVELY FOR USE IN  MEDICAL  OR
 VETERINARY DIAGNOSIS OR TREATMENT OR IN A MEDICAL DEVICE;
   (IV)  A LAMP DESIGNED AND MARKETED EXCLUSIVELY FOR USE IN THE MANUFAC-
 TURING OR QUALITY CONTROL OF PHARMACEUTICAL PRODUCTS;
   (V) A LAMP DESIGNED AND  MARKETED  EXCLUSIVELY  FOR  SPECTROSCOPY  AND
 PHOTOMETRIC  APPLICATIONS,  SUCH  AS  UV-VISIBLE SPECTROSCOPY, MOLECULAR
 SPECTROSCOPY, ATOMIC  ABSORPTION  SPECTROSCOPY,  NONDISPERSIVE  INFRARED
 SPECTROSCOPY, FOURIER TRANSFORM INFRARED SPECTROSCOPY, MEDICAL ANALYSIS,
 ELLIPSOMETRY,  LAYER THICKNESS MEASUREMENT, PROCESS MONITORING, OR ENVI-
 RONMENTAL MONITORING;
   (VI) A LAMP USED BY ACADEMIC AND RESEARCH INSTITUTIONS EXCLUSIVELY FOR
 CONDUCTING RESEARCH PROJECTS AND EXPERIMENTS; OR
 S. 4691--A                          3
 
   (VII) A COMPACT FLUORESCENT MERCURY-ADDED LAMP USED TO REPLACE A  LAMP
 IN A MOTOR VEHICLE MANUFACTURED ON OR BEFORE JANUARY FIRST, TWO THOUSAND
 TWENTY.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.