Bill Text: NY A02048 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to the reduction of mercury in mercury-added lamps.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Engrossed - Dead) 2014-03-20 - REFERRED TO ENVIRONMENTAL CONSERVATION [A02048 Detail]

Download: New_York-2013-A02048-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2048
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M.  of A. KAVANAGH, COLTON, JAFFEE, STEVENSON, ABINANTI,
         ROSENTHAL, SWEENEY -- Multi-Sponsored by -- M. of A. GALEF, THIELE  --
         read once and referred 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:
    1    Section  1.   Section 27-2101 of the environmental conservation law is
    2  amended by adding five new subdivisions 30, 31, 32, 33, and 34  to  read
    3  as follows:
    4    30.  "MERCURY-ADDED  LAMP"  MEANS AN ELECTRIC LAMP TO WHICH MERCURY OR
    5  MERCURY COMPOUNDS ARE INTENTIONALLY ADDED DURING THE MANUFACTURING PROC-
    6  ESS, INCLUDING, BUT NOT LIMITED TO, COMPACT FLUORESCENT LAMPS,  FLUORES-
    7  CENT LAMPS AND TUBULAR FLUORESCENT LAMPS WITH NORMAL OR LONG LIFETIME.
    8    31. "PRODUCER OF MERCURY-ADDED LAMPS" MEANS ANY PERSON WHO:
    9    (A) MANUFACTURES AND SELLS MERCURY-ADDED LAMPS UNDER ITS OWN BRAND;
   10    (B) RESELLS UNDER ITS OWN BRAND EQUIPMENT PRODUCED BY OTHER SUPPLIERS,
   11  A  RESELLER NOT BEING REGARDED AS THE PRODUCER OF MERCURY-ADDED LAMPS IF
   12  THE BRAND OF THE PRODUCER OF MERCURY-ADDED LAMPS APPEARS ON  THE  EQUIP-
   13  MENT, AS PROVIDED FOR IN PARAGRAPH (A) OF THIS SUBDIVISION; OR
   14    (C)  SERVES AS THE IMPORTER OR DOMESTIC DISTRIBUTOR OF A MERCURY-ADDED
   15  LAMP IF THE BRAND NAME OWNER IS LOCATED OUTSIDE OF THE UNITED STATES.
   16    32. "GENERAL PURPOSE LIGHTS" MEANS LAMPS, BULBS, TUBES, OR OTHER ELEC-
   17  TRIC DEVICES THAT PROVIDE FUNCTIONAL ILLUMINATION  FOR  INDOOR  RESIDEN-
   18  TIAL,  INDOOR  COMMERCIAL, AND OUTDOOR USE. GENERAL PURPOSE LIGHTS SHALL
   19  NOT INCLUDE SPECIAL PURPOSE LIGHTS.
   20    33. "SPECIAL PURPOSE LIGHTS" MEANS THE FOLLOWING  SPECIALTY  LIGHTING:
   21  APPLIANCE,  BLACK  LIGHT,  GERMICIDAL, BUG, COLORED, INFRARED, LEFT-HAND
   22  THREAD, MARINE, MARINE'S SIGNAL  SERVICE,  MINE  SERVICE,  PLANT  LIGHT,
   23  REFLECTOR,  REPROGRAPHIC, ROUGH SERVICE, SHATTER-RESISTANT, COLD TEMPER-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02320-01-3
       A. 2048                             2
    1  ATURE, SIGN SERVICE, SILVER BOWL, SHOWCASE, THREE-WAY,  TRAFFIC  SIGNAL,
    2  AND VIBRATION SERVICE.
    3    34.  "LONG  LIFETIME"  MEANS MORE THAN TWENTY-FOUR THOUSAND HOURS WHEN
    4  TESTED ON A T8 INSTANT START BALLAST, A T12 RAPID START BALLAST, OR A T5
    5  PROGRAMMED START BALLAST, AND  TURNED  ON  AND  OFF  EVERY  THREE  HOURS
    6  ("THREE HOUR STARTS").
    7    S  2. Section 27-2107 of the environmental conservation law is amended
    8  by adding two new subdivisions 11 and 12 to read as follows:
    9    11. ON AND AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN, NO PRODUCER  OF
   10  MERCURY-ADDED LAMPS SHALL SELL, OFFER FOR SALE, OR DISTRIBUTE SUCH LAMPS
   11  THAT  FAIL  TO MEET MERCURY CONTENT STANDARDS ADOPTED BY THE DEPARTMENT,
   12  AND FOR THE FOLLOWING GENERAL PURPOSE LIGHTS, MERCURY CONTENT  SHALL  BE
   13  NO HIGHER THAN:
   14    (A)  2.5  MILLIGRAMS  FOR  COMPACT  FLUORESCENT LAMPS LESS THAN THIRTY
   15  WATTS;
   16    (B) 3.5 MILLIGRAMS FOR STRAIGHT FLUORESCENT T8  LAMPS  WITH  A  NORMAL
   17  LIFETIME  (EXCLUDING  8-FOOT  MODELS)  AND  3.0  MILLIGRAMS FOR STRAIGHT
   18  FLUORESCENT T5 LAMPS WITH A NORMAL LIFETIME;
   19    (C) 5.0 MILLIGRAMS FOR STRAIGHT FLUORESCENT T8 AND  T5  LAMPS  WITH  A
   20  LONG LIFETIME;
   21    (D)  15.0  MILLIGRAMS FOR NON-LINEAR FLUORESCENT T8, T5, AND T12 LAMPS
   22  AND 8-FOOT LINEAR FLUORESCENT LAMPS (EXCLUDING VERY HIGH OUTPUT MODELS);
   23    12. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN, MERCURY
   24  CONTENT STANDARDS ESTABLISHED IN ACCORDANCE WITH THIS SECTION SHALL  NOT
   25  APPLY TO SPECIAL PURPOSE LIGHTS.
   26    S  3.  Subdivision 1 of section 71-2724 of the environmental conserva-
   27  tion law, as added by chapter 145 of the laws of  2004,  is  amended  to
   28  read as follows:
   29    1. Any person who knowingly or intentionally violates any provision of
   30  or  fails  to  perform  any duty pursuant to title twenty-one of article
   31  twenty-seven of this chapter, except subdivision one of section  27-2105
   32  AND  SUBDIVISION  ELEVEN  OF SECTION 27-2107 of this chapter, shall upon
   33  the first finding of such a violation be liable for a civil penalty  not
   34  to  exceed  one  hundred  dollars.  Any  person convicted of a second or
   35  subsequent violation shall be liable for a civil penalty not  to  exceed
   36  five hundred dollars for each violation.
   37    S  4.  Subdivision 2 of section 71-2724 of the environmental conserva-
   38  tion law, as added by chapter 145 of the laws of  2004,  is  amended  to
   39  read as follows:
   40    2.  Any  person  who  knowingly  or intentionally violates or fails to
   41  perform any duty imposed by subdivision one of section 27-2105 OR SUBDI-
   42  VISION ELEVEN OF SECTION 27-2107 of this chapter shall  upon  the  first
   43  finding  of  such  a  violation  be  provided with educational materials
   44  describing the requirements for mercury  disposal  and  the  effects  of
   45  improper  mercury  disposal,  and be warned that future violations shall
   46  result in the imposition of a fine. Any person  convicted  of  a  second
   47  violation  shall  be  liable  for  a  civil  penalty not to exceed fifty
   48  dollars. Any person convicted of a third violation shall be liable for a
   49  civil penalty not to exceed seventy-five dollars. Any  person  convicted
   50  of  a fourth or subsequent violation shall be liable for a civil penalty
   51  not to exceed one hundred dollars for each violation.
   52    S 5. This act shall take effect immediately.   Effective  immediately,
   53  the  department of environmental conservation shall promulgate any regu-
   54  lations necessary to implement the provisions of this act.