S4619-2011 Actions

• Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
• Dec 21, 2011: PRINT NUMBER 4619A
• Dec 21, 2011: AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
• Apr 13, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S4619-2011 Memo

BILL NUMBER:S4619

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to the
reduction of mercury in mercury-added
lamps

PURPOSE OR GENERAL IDEA OF THE BILL:
To reduce the health and environmental risks posed by mercury-added
lamps.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends section 27-2101 of the environmental
conservation law by adding new subdivisions 30, 31, 32, 33, and 34
defining terms used in the bill.

Section 2 of the bill amends section 27-2107 of the environmental
conservation law by adding new subdivisions 10 and 11. Subdivision 10
prohibits producers of mercury-added lamps from selling, offering for
sale, or distributing such lamps that fail to meet mercury content
standards set by the department of environmental conservation, and to
set forth the maximum permissible mercury content for certain
mercury-added lamps. Subdivision 11 provides for exceptions for
certain special purpose lamps.

Section 3 of the bill amends section 27-2111 of the environmental
conservation law to authorize the department to promulgate and
enforce regulations providing for mercury content standards not
inconsistent with section 27-2107.

Sections 4- and 5 of the bill amend section 71-2724 of the
environmental conservation law by amending subdivision 1 and adding a
new subdivision 2-a to provide for penalties for violations of
subdivision 10 of section 27-2107.

Section 6 of the bill sets forth the effective date.

JUSTIFICATION:
Many lighting products, including compact fluorescent lamps and others
that offer environmental benefits like longer life and greater energy
efficiency, also pose a risk to the people's health and to the
environment in that they contain mercury, a hazardous material, added
during the manufacturing process. When a mercury-added lamp breaks
during normal use or when it is discarded, it may release mercury.
This legislation would minimize the amount of mercury present in
lamps sold in New York. The European Union, California, and Maine
have also adopted laws that set maximum mercury content limits for
many types of lamps. The National Electrical Manufacturers
Association (NEMA) has also
recommended mercury content limits for mercury-added lamps, and many
of its member organizations have voluntarily complied.

LEGISLATIVE HISTORY:
2009-10: S.7966-A (Thompson)


FISCAL IMPACT ON THE STATE:
Minimal.

LOCAL FISCAL IMPACT:
None.

EFFECTIVE DATE:
This act shall take effect in immediately.

S4619-2011 Text

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

                                    4619

                         2011-2012 Regular Sessions

                              I N  SENATE

                               April 13, 2011
                                 ___________

  Introduced  by  Sen.  AVELLA -- 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  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:


    Section 1.  Section 27-2101 of the environmental conservation  law  is
  amended  by  adding five new subdivisions 30, 31, 32, 33, and 34 to read
  as follows:

    30. "MERCURY-ADDED LAMP" MEANS AN ELECTRIC LAMP TO  WHICH  MERCURY  OR
  MERCURY COMPOUNDS ARE INTENTIONALLY ADDED DURING THE MANUFACTURING PROC-
  ESS,  INCLUDING,  BUT  NOT  LIMITED TO, COMPACT FLUORESCENT LAMPS, HALO-
  PHOSPHATE STRAIGHT FLUORESCENT LAMPS, AND TRIPHOSPHATE  (TRIBAND  PHOSP-
  HATES) STRAIGHT FLUORESCENT LAMPS WITH NORMAL OR LONG LIFETIME.
    31. "PRODUCER OF MERCURY-ADDED LAMPS" MEANS ANY PERSON WHO:

    (A) MANUFACTURES AND SELLS MERCURY-ADDED LAMPS UNDER ITS OWN BRAND;
    (B) RESELLS UNDER ITS OWN BRAND EQUIPMENT PRODUCED BY OTHER SUPPLIERS,
  A  RESELLER NOT BEING REGARDED AS THE PRODUCER OF MERCURY-ADDED LAMPS IF
  THE BRAND OF THE PRODUCER OF MERCURY-ADDED LAMPS APPEARS ON  THE  EQUIP-
  MENT, AS PROVIDED FOR IN PARAGRAPH (A) OF THIS SUBDIVISION;
    (C)  IMPORTS  OR  EXPORTS  ELECTRICAL  AND  ELECTRONIC  EQUIPMENT ON A
  PROFESSIONAL BASIS; OR
    (D) SERVES AS THE IMPORTER OR DOMESTIC DISTRIBUTOR OF A  MERCURY-ADDED
  LAMP IF THE BRAND NAME OWNER IS LOCATED OUTSIDE OF THE UNITED STATES.
    32.  "GENERAL PURPOSE LIGHTS" MEANS THE FOLLOWING LAMPS, BULBS, TUBES,
  OR OTHER ELECTRIC  DEVICES  THAT  PROVIDE  FUNCTIONAL  ILLUMINATION  FOR
  INDOOR RESIDENTIAL, INDOOR COMMERCIAL, AND OUTDOOR USE: COMPACT FLUORES-
  CENT LAMPS UP TO NINE INCHES IN LENGTH AND STRAIGHT FLUORESCENT LAMPS UP
  TO FIFTY INCHES IN LENGTH WITH A MEDIUM BI-PIN OR MINIATURE BI-PIN BASE,
  THAT  OPERATE  ON  AN  INSTANT  START,  RAPID START, OR PROGRAMMED START
  BALLAST. GENERAL PURPOSE LIGHTS SHALL NOT INCLUDE T12 LAMPS THAT OPERATE
  ON A REFERENCE CURRENT GREATER THAN FOUR  HUNDRED  FIFTY  MILLIAMPS,  T8
  LAMPS  THAT  OPERATE  ON  A REFERENCE CURRENT GREATER THAN THREE HUNDRED
  FIFTY MILLIAMPS, OR SPECIAL PURPOSE LIGHTS.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00822-01-1

 S. 4619                             2

    33. "SPECIAL PURPOSE LIGHTS" MEANS THE FOLLOWING  SPECIALTY  LIGHTING:

  APPLIANCE,  BLACK  LIGHT, GERMICIDAL, BUG, COLORED, PLANT LIGHT, REFLEC-
  TOR, REPROGRAPHIC, SHATTER RESISTANT, COLD TEMPERATURE, OR THREE-WAY.
    34.  "LONG  LIFETIME"  MEANS MORE THAN TWENTY-FOUR THOUSAND HOURS WHEN
  TESTED ON AN ELECTRONIC OR ELECTROMAGNETIC BALLAST, INCLUDING,  BUT  NOT
  LIMITED  TO, A T8 INSTANT START BALLAST, A T12 RAPID START BALLAST, OR A
  T5 PROGRAMMED START BALLAST, AND TURNED ON AND  OFF  EVERY  THREE  HOURS
  ("THREE HOUR STARTS").
    S  2. Section 27-2107 of the environmental conservation law is amended
  by adding two new subdivisions 10 and 11 to read as follows:

    10. ON AND AFTER JANUARY FIRST, TWO THOUSAND TWELVE,  NO  PRODUCER  OF
  MERCURY-ADDED LAMPS SHALL SELL, OFFER FOR SALE, OR DISTRIBUTE SUCH LAMPS
  THAT  FAIL  TO MEET MERCURY CONTENT STANDARDS ADOPTED BY THE DEPARTMENT,
  AND FOR THE FOLLOWING GENERAL PURPOSE LIGHTS, MERCURY CONTENT  SHALL  BE
  NO HIGHER THAN:

    (A) FIVE MILLIGRAMS FOR COMPACT FLUORESCENT LAMPS;
    (B) TEN MILLIGRAMS FOR HALOPHOSPHATE STRAIGHT FLUORESCENT LAMPS;
    (C) FIVE MILLIGRAMS FOR TRIPHOSPHATE STRAIGHT FLUORESCENT LAMPS WITH A
  NORMAL LIFETIME;
    (D)  EIGHT MILLIGRAMS FOR TRIPHOSPHATE STRAIGHT FLOURESCENT LAMPS WITH
  A LONG LIFETIME.
    11. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND  TWELVE,  MERCURY
  CONTENT  STANDARDS ESTABLISHED IN ACCORDANCE WITH THIS SECTION SHALL NOT
  APPLY TO SPECIAL PURPOSE LIGHTS.
    S 3. Section 27-2111 of the environmental conservation law, as amended
  by chapter 676 of the laws of 2005, is amended to read as follows:

  S 27-2111. Regulations.
    The department shall promulgate and enforce any regulations  necessary
  to implement the provisions of this title.
    Such  regulations  shall provide for the proper storage, recycling and
  disposal of mercury-added  consumer  products  at  facilities  regulated
  pursuant to titles seven and nine of this article.
    SUCH  REGULATIONS MAY PROVIDE FOR MERCURY CONTENT STANDARDS FOR MERCU-
  RY-ADDED LAMPS NOT INCONSISTENT WITH SECTION 27-2107 OF THIS TITLE.
    S 4. Subdivision 1 of section 71-2724 of the  environmental  conserva-
  tion  law,  as  added  by chapter 145 of the laws of 2004, is amended to
  read as follows:

    1. Any person who knowingly or intentionally violates any provision of
  or fails to perform any duty pursuant to  title  twenty-one  of  article
  twenty-seven  of this chapter, except subdivision one of section 27-2105
  AND SUBDIVISION TEN OF SECTION 27-2107 of this chapter, shall  upon  the
  first  finding  of such a violation be liable for a civil penalty not to
  exceed one hundred dollars. Any person convicted of a second  or  subse-
  quent  violation  shall be liable for a civil penalty not to exceed five
  hundred dollars for each violation.
    S 5. Section 71-2724 of the environmental conservation law is  amended
  by adding a new subdivision 2-a to read as follows:

    2-A.  ANY  PERSON  WHO KNOWINGLY OR INTENTIONALLY VIOLATES OR FAILS TO
  PERFORM ANY DUTY IMPOSED BY SUBDIVISION TEN OF SECTION 27-2107  OF  THIS
  CHAPTER OR ANY OF THE PROVISIONS, RULE, OR REGULATION PROMULGATED PURSU-
  ANT  THERETO  SHALL BE PUNISHABLE IN THE CASE OF A FIRST VIOLATION, BY A
  CIVIL PENALTY NOT TO EXCEED TEN THOUSAND  DOLLARS.  IN  THE  CASE  OF  A
  SECOND  AND  ANY  FURTHER  VIOLATION, THE LIABILITY SHALL BE FOR A CIVIL
  PENALTY NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS FOR EACH VIOLATION.
    S 6. This act shall take effect immediately.