Relates to mercury-added consumer products.

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S3888-2011 Actions

• May 3, 2011: SUBSTITUTED BY A668
• May 2, 2011: ADVANCED TO THIRD READING
• Apr 13, 2011: 2ND REPORT CAL.
• Apr 12, 2011: 1ST REPORT CAL.345
• Mar 8, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S3888-2011 Meetings

Environmental Conservation: Apr 12, 2011

S3888-2011 Calendars

Active List: May 3, 2011 , Floor Calendar: Apr 13, 2011 , Floor Calendar: May 2, 2011 , Floor Calendar: May 3, 2011

S3888-2011 Votes

S3888-2011 Memo

BILL NUMBER:S3888

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to
mercury-added consumer products

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to
provide a technical amendment to the law restricting the sale of
certain mercury-added products.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would:

* remove, beginning January 1, 2012, the requirement that the
Commissioner of the Department of Environmental Conservation (DEC)
make an affirmative finding that there are non-mercury alternative
products prior to prohibiting the sale of mercury containing
sphygmomanometers, relays, flame sensors and thermostats;

* authorize DEC to grant a waiver upon request by the manufacturer and
information demonstrating:

* there are no non-mercury alternatives comparable in price, effect or
accuracy; or,

* the use of mercury-added products provides a net
benefit to the environment, public health, or public safety;

* there are other factors affecting the use of non-mercury alternatives;
and

* permit DEC to grant waivers and renewals for a renewals for a
period not to exceed two years.

JUSTIFICATION:;
The law enacted in 2004 authorized a ban of certain mercury-containing
products upon a finding by the Department that there were
mercury-free alternatives. At a hearing held by the Assembly
Environmental Conservation Committee in 2009, the Department
testified that they were unable to make such a finding because of the
myriad of products available.
Other states, including Maine and Wisconsin, have adopted bans without
requiring such an affirmative finding. This legislation follows those
models and better reflects the intent of the 2004 legislation.

This bill would protect the environment and public health by
prohibiting the sale of certain products that contain mercury, and
ensuring that such products are properly disposed of when they are no
longer in service.

PRIOR LEGISLATIVE HISTORY:
2010: A.11145 (Jaffee) - Referred to Environmental Conservation
Committee.


FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect immediately. However, any
written findings of the Commissioner of Environmental Conservation
shall remain in full force and effect until January 1, 2012.

S3888-2011 Text

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

                                    3888

                         2011-2012 Regular Sessions

                              I N  SENATE

                                March 8, 2011
                                 ___________

  Introduced  by Sen. GRISANTI -- 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
    mercury-added consumer products

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Subdivision 8  of  section  27-2107  of  the  environmental
  conservation  law,  as  added  by  chapter  676  of the laws of 2005, is
  amended to read as follows:

    8. On or after January first, two thousand [eight, but no  later  than
  February  twentieth,  two  thousand  eight,  and thereafter upon written
  request, but not more than once a year, the commissioner shall  issue  a
  written finding as to whether non-mercury alternatives are comparable in
  price  to,  are  as effective in performance as, and are as accurate and
  precise as] TWELVE, NO PERSON SHALL SELL, OFFER FOR SALE  OR  DISTRIBUTE
  ANY  mercury  [sphygmomanometers]  SPHYGMOMANOMETER, mercury wetted reed
  [relays] RELAY, mercury flame [sensors]  SENSOR,  mercury  [thermometers
  other than thermometers prohibited from sale pursuant to subdivision two
  of  this  section]  THERMOMETER,  or  mercury  [thermostats] THERMOSTAT,
  except for mercury thermostats used by  a  blind  or  visually  impaired
  person.  [Upon making an affirmative finding that a non-mercury alterna-
  tive is comparable in price to, is as effective in performance  as,  and
  is as accurate and precise as any mercury-added consumer product deline-
  ated  in  this  subdivision,  no  person  shall  sell, offer for sale or
  distribute such mercury-added consumer product for which the commission-
  er has made such an affirmative finding.] The provisions of this  subdi-
  vision  shall not apply to the sale or distribution of any mercury-added
  consumer product delineated in this subdivision [for which  the  commis-
  sioner has made such an affirmative finding,] if such product is used to
  replace  a  product that is a component in a larger product in use prior
  to [the issuance of such affirmative finding] JANUARY FIRST,  TWO  THOU-

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03978-01-1

 S. 3888                             2

  SAND  TWELVE or the resale of any mercury-added consumer product deline-
  ated in this subdivision[, for which the commissioner has made  such  an
  affirmative finding,] manufactured prior to [the issuance of such affir-
  mative finding] JANUARY FIRST, TWO THOUSAND TWELVE.
    S  2. Section 27-2107 of the environmental conservation law is amended
  by adding a new subdivision 10 to read as follows:

    10. THE DEPARTMENT MAY GRANT A WAIVER FROM THE PROVISIONS OF  SUBDIVI-
  SION  EIGHT OF THIS SECTION UPON REQUEST BY THE MANUFACTURER OF A MERCU-
  RY-ADDED CONSUMER PRODUCT.
    (A) AN APPLICATION FOR A WAIVER SHALL BE IN THE FORM PRESCRIBED BY THE
  DEPARTMENT AND DOCUMENT THE BASIS FOR THE REQUESTED WAIVER OR RENEWAL OF
  A WAIVER AND DESCRIBE HOW THE MANUFACTURER WILL  ENSURE  THAT  A  SYSTEM
  EXISTS  FOR  THE PROPER COLLECTION, TRANSPORTATION AND PROCESSING OF THE
  MERCURY-ADDED CONSUMER PRODUCTS AT THE END OF THEIR USEFUL LIFE.
    (B) THE APPLICATION MUST INCLUDE AT A MINIMUM, INFORMATION THAT DEMON-
  STRATES:

    (I) THERE ARE NO NON-MERCURY ALTERNATIVES THAT ARE COMPARABLE IN PRICE
  TO, ARE AS EFFECTIVE IN PERFORMANCE AS, OR ARE AS ACCURATE  AND  PRECISE
  AS THE IDENTIFIED MERCURY-ADDED CONSUMER PRODUCT;
    (II)  THE  USE  OF  THE  MERCURY-ADDED CONSUMER PRODUCT PROVIDES A NET
  BENEFIT TO  THE  ENVIRONMENT,  PUBLIC  HEALTH,  OR  PUBLIC  SAFETY  WHEN
  COMPARED TO A NON-MERCURY ALTERNATIVE; OR
    (III)  THERE ARE OTHER FACTORS AFFECTING THE USE OF NON-MERCURY ALTER-
  NATIVES.
    (C) THE MANUFACTURER MUST NOTIFY THE  REGIONAL  MULTI-STATE  CLEARING-
  HOUSE,  AS  IDENTIFIED  IN SECTION 27-2115 OF THIS TITLE, OF ITS REQUEST
  FOR A WAIVER PURSUANT TO THIS SUBDIVISION AND PROVIDE THE  CLEARINGHOUSE
  WITH THE INFORMATION REQUIRED IN ITS WAIVER APPLICATION.
    (D)  THE  DEPARTMENT MAY GRANT OR DENY, IN WHOLE OR IN PART, A REQUEST
  FOR A WAIVER. IN DETERMINING WHETHER TO GRANT OR DENY A WAIVER OR WAIVER
  RENEWAL, THE  DEPARTMENT  MAY  CONSULT  WITH  THE  CLEARINGHOUSE,  OTHER
  STATES, OR REGIONAL GOVERNMENTAL ORGANIZATIONS TO PROMOTE CONSISTENCY IN
  THE IMPLEMENTATION OF THIS SUBDIVISION.
    (E)  WAIVERS  SHALL  BE  GRANTED FOR A PERIOD NOT TO EXCEED TWO YEARS.
  UPON A REQUEST BY THE MANUFACTURER, THE DEPARTMENT MAY  RENEW  A  WAIVER
  FOR  A  PERIOD  NOT TO EXCEED TWO YEARS IF THE DEPARTMENT FINDS THAT THE
  MANUFACTURER CONTINUES TO MEET THE REQUIREMENTS FOR A WAIVER,  THAT  THE
  MANUFACTURER  HAS  COMPLIED  WITH ALL CONDITIONS OF THE ORIGINAL WAIVER,
  AND THE MANUFACTURER DEMONSTRATES THAT REASONABLE EFFORTS HAVE BEEN MADE
  TO REMOVE MERCURY FROM THE PRODUCT SUBJECT TO THE WAIVER.
    S 3. This act shall take effect immediately; provided,  however,  that
  any  written  findings of the commissioner of environmental conservation
  issued pursuant to subdivision 8 of section 27-2107 of the environmental
  conservation law, as it existed prior to the amendments made by  section
  one  of this act, shall remain in full force and effect until January 1,
  2012 and upon that date shall be deemed repealed.