Bill Text: NY A06596 | 2011-2012 | General Assembly | Amended
Bill Title: Prohibits the disposal in a solid waste facility of lamps containing mercury; requires manufacturers thereof to establish collection and recycling programs.
Spectrum: Strong Partisan Bill (Democrat 17-1)
Status: (Introduced - Dead) 2011-06-02 - reported referred to codes [A06596 Detail]
Download: New_York-2011-A06596-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6596--A
2011-2012 Regular Sessions
I N A S S E M B L Y
March 22, 2011
___________
Introduced by M. of A. SPANO, MAISEL, ENGLEBRIGHT, COLTON, ROBERTS,
JAFFEE, N. RIVERA -- Multi-Sponsored by -- M. of A. COOK, GABRYSZAK,
GALEF, GIBSON, GLICK, SCHIMEL, THIELE -- read once and referred to the
Committee on Environmental Conservation -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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:
1 Section 1. Section 27-2113 of the environmental conservation law, as
2 added by chapter 145 of the laws of 2004, subdivision 1 as amended by
3 chapter 676 of the laws of 2005, is amended to read as follows:
4 S 27-2113. Exemptions.
5 [1.] The provisions of this title shall not apply to photographic film
6 and paper, pharmaceutical products, biological products or any substance
7 that may be lawfully sold over the counter without a prescription under
8 the federal Food, Drug and Cosmetic Act, 21 USC 301 et seq. For the
9 purposes of this subdivision, "biological product" means a virus, thera-
10 peutic serum, toxin, antitoxin, vaccine, blood, blood component or
11 derivative, allergenic product or an analogous product, or arsphenamine,
12 or any other trivalent organic arsenic compound used for the prevention,
13 treatment or cure of a disease or condition of human beings.
14 [2. The provisions of subdivision one of section 27-2105 of this title
15 shall not apply to mercury-containing lamps discarded by households.
16 3. The provisions of subdivision one of section 27-2105 of this title
17 shall not apply to mercury-containing lamps discarded by a small busi-
18 ness if such small business discards no more than fifteen mercury-con-
19 taining lamps per month. For the purposes of this subdivision "small
20 business" means any business which is resident in this state, independ-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10056-02-1
A. 6596--A 2
1 ently owned and operated, not dominant in its field, and employing not
2 more than one hundred individuals.]
3 S 2. The environmental conservation law is amended by adding a new
4 section 27-2119 to read as follows:
5 S 27-2119. MERCURY LAMP COLLECTION PROGRAM.
6 1. DEFINITIONS. "PRODUCER" MEANS A PERSON THAT:
7 (A) HAS OR HAD LEGAL OWNERSHIP OF THE BRAND, BRAND NAME, OR CO-BRAND
8 OF A MERCURY-CONTAINING LAMP SOLD IN OR INTO NEW YORK STATE;
9 (B) IMPORTS OR HAS IMPORTED MERCURY-CONTAINING LAMPS;
10 (C) MAKES OR MADE AN UNBRANDED MERCURY-CONTAINING LAMP THAT IS SOLD OR
11 HAS BEEN SOLD IN OR INTO NEW YORK STATE.
12 2. PRODUCER RESPONSIBILITIES. (A) EVERY PRODUCER OF MERCURY-CONTAINING
13 LAMPS SOLD IN OR INTO NEW YORK STATE MUST, INDIVIDUALLY OR COLLECTIVELY,
14 AND NOT LATER THAN JUNE FIRST, TWO THOUSAND TWELVE, SUBMIT A PLAN TO THE
15 DEPARTMENT FOR APPROVAL THAT DESCRIBES A COLLECTION PROGRAM FOR OUT-OF-
16 SERVICE MERCURY-CONTAINING LAMPS. THE COLLECTION PROGRAM SHALL NOT
17 INVOLVE ANY DIRECT COST TO HOUSEHOLDS OR SMALL BUSINESSES FOR PARTIC-
18 IPATING IN THE PROGRAM. THE COLLECTION PROGRAM SHALL AT A MINIMUM
19 INCLUDE: THE IDENTITY OF COLLECTION, TRANSPORTATION AND PROCESSING
20 SERVICE PROVIDERS, INCLUDING CONSIDERATION GIVEN TO EXISTING RESIDENTIAL
21 CURBSIDE COLLECTION INFRASTRUCTURE AND MAILBACK SYSTEMS AS AN APPROPRI-
22 ATE COLLECTION MECHANISM; HOW MERCURY AND OTHER HAZARDOUS SUBSTANCES
23 WILL BE HANDLED FOR COLLECTION THROUGH FINAL DISPOSITION; THE USE OF ANY
24 THIRD PARTY ORGANIZATIONS THAT MAY CONDUCT ALL OR PART OF THE COLLECTION
25 AND RECYCLING PROGRAM, AND THE SPECIFIC RESPONSIBILITIES OF EACH SUCH
26 ORGANIZATION, AND, AN EDUCATION AND OUTREACH PROGRAM.
27 COLLECTION METHODS MAY INCLUDE, BUT ARE NOT LIMITED TO, (I) INDIVIDUAL
28 PRODUCT MAIL RETURN AND/OR MULTIPLE COLLECTION CONTAINERS AND COLLECTION
29 SITES LOCATED AT RETAILERS, MUNICIPALITIES FOR COLLECTION AT HOUSEHOLD
30 HAZARDOUS WASTE COLLECTION FACILITIES OR HOUSEHOLD HAZARDOUS WASTE
31 EVENTS; (II) THE DISTRIBUTION OF CONTAINERS FOR MERCURY-CONTAINING LAMP
32 COLLECTION; (III) CRITERIA TO ENSURE THAT THE CAPTURE RATE OF
33 OUT-OF-SERVICE MERCURY-CONTAINING LAMPS IS MAXIMIZED.
34 (B) NOT LATER THAN DECEMBER FIRST, TWO THOUSAND TWELVE, PRODUCERS OF
35 MERCURY-CONTAINING LAMPS SHALL IMPLEMENT THE COLLECTION PROGRAM OUTLINED
36 IN THEIR PLAN.
37 (C) BEGINNING JUNE FIRST, TWO THOUSAND THIRTEEN, AND ANNUALLY THERE-
38 AFTER, EACH PRODUCER OF MERCURY-CONTAINING LAMPS SHALL SUBMIT A REPORT
39 TO THE DEPARTMENT THAT INCLUDES, AT A MINIMUM, THE FOLLOWING INFORMA-
40 TION:
41 (I) THE NUMBER OF MERCURY-CONTAINING LAMPS COLLECTED AND RECYCLED BY
42 THE PRODUCER DURING THE PREVIOUS CALENDAR YEAR.
43 (II) THE ESTIMATED TOTAL AMOUNT OF MERCURY CONTAINED IN THE LAMP
44 COMPONENTS COLLECTED BY THAT PRODUCER IN THE PREVIOUS CALENDAR YEAR.
45 (III) AN EVALUATION OF THE EFFECTIVENESS OF THE PRODUCER'S COLLECTION
46 PROGRAM AND ANY FINANCIAL INCENTIVES.
47 (IV) AN ACCOUNTING OF THE ADMINISTRATIVE COSTS INCURRED IN THE COURSE
48 OF ADMINISTERING THE COLLECTION AND RECYCLING PROGRAM AND ANY FINANCIAL
49 INCENTIVE PLAN.
50 3. DEPARTMENT RESPONSIBILITIES. (A) WITHIN NINETY DAYS OF RECEIPT OF A
51 COMPLETE PRODUCER PLAN REQUIRED BY SUBDIVISION TWO OF THIS SECTION, THE
52 DEPARTMENT SHALL REVIEW AND MAY GRANT, DENY OR APPROVE WITH MODIFICA-
53 TIONS. THE DEPARTMENT SHALL NOT APPROVE A PLAN UNLESS ALL ELEMENTS OF
54 SUBDIVISION TWO OF THIS SECTION ARE ADEQUATELY ADDRESSED. IN REVIEWING A
55 PLAN, THE DEPARTMENT MAY CONSIDER CONSISTENCY OF THE PLAN WITH
56 COLLECTION IN OTHER STATES AND CONSIDER CONSISTENCY BETWEEN PRODUCER
A. 6596--A 3
1 PROGRAMS. IN REVIEWING PLANS, THE DEPARTMENT SHALL ENSURE THAT EDUCATION
2 AND OUTREACH PROGRAMS ARE UNIFORM AND CONSISTENT TO ENSURE EASE OF
3 IMPLEMENTATION.
4 (B) THE DEPARTMENT SHALL MAINTAIN AND POST ON ITS WEBSITE A LIST OF
5 ENTITIES AND LOCATIONS THAT SERVE AS COLLECTION POINTS FOR MERCURY-CON-
6 TAINING LAMPS.
7 (C) IN CONJUNCTION WITH THE EDUCATIONAL AND OUTREACH PROGRAMS IMPLE-
8 MENTED BY PRODUCERS, THE DEPARTMENT MAY CONDUCT AN EDUCATION AND
9 OUTREACH PROGRAM DIRECTED AT RETAILERS AND HOMEOWNERS TO PROMOTE THE
10 COLLECTION OF DISCARDED MERCURY-CONTAINING LAMPS.
11 (D) BY DECEMBER FIRST, TWO THOUSAND THIRTEEN, AND ANNUALLY THEREAFTER,
12 THE DEPARTMENT SHALL POST A REPORT ON ITS WEBSITE DETAILING THE
13 COLLECTION AND RECYCLING OF MERCURY-CONTAINING LAMPS IN THE STATE. SUCH
14 REPORT SHALL INCLUDE AN EVALUATION OF THE EFFECTIVENESS OF THE
15 COLLECTION AND RECYCLING PROGRAMS, AND INFORMATION ON ACTUAL COLLECTION
16 RATES.
17 S 3. This act shall take effect immediately, provided however that
18 section one of this act shall take effect January 1, 2014.
