A4238-2011 Actions

• Jan 4, 2012: referred to environmental conservation
• Feb 2, 2011: referred to environmental conservation

A4238-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4238
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 February 2, 2011
 
 Introduced  by M. of A. CAMARA, BROOK-KRASNY, COLTON, CLARK -- read once
 and referred to the Committee on Environmental Conservation
 

AN ACT to amend the  environmental  conservation  law,  in  relation  to
 establishing the lighting efficiency and toxics reduction act
 

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

 

Section 1. The environmental conservation law is amended by  adding  a
 new article 50 to read as follows:

 ARTICLE 50
 LIGHTING EFFICIENCY AND TOXICS REDUCTION ACT
 SECTION 50-0101. SHORT TITLE.
 50-0103. LEGISLATIVE FINDINGS.
 50-0105. REDUCTION IN THE USE OF TOXIC MATERIALS.
 50-0107. DEFINITIONS.
 50-0109. RESPONSIBILITIES OF MANUFACTURERS.
 50-0111. STATEWIDE   ELECTRICAL  ENERGY  CONSUMPTION  LIMIT  FOR
 LIGHTING.
 50-0113. REDUCTION IN STATEWIDE  ELECTRICAL  ENERGY  CONSUMPTION
 FOR LIGHTING.
 

S 50-0101. SHORT TITLE.
 THIS  ACT  SHALL BE KNOWN AND MAY BE CITED AS THE "LIGHTING EFFICIENCY
 AND TOXICS REDUCTION ACT".
 

S 50-0103. LEGISLATIVE FINDINGS.
 THE LEGISLATURE FINDS AND DECLARES ALL OF THE FOLLOWING:

 1. MANY  EXISTING  LIGHTING  CHOICES  CONTAIN  TOXIC  MATERIALS.  MOST
 FLUORESCENT  LIGHTING PRODUCTS CONTAIN HAZARDOUS LEVELS OF MERCURY. MOST
 INCANDESCENT LIGHTING PRODUCTS CONTAIN HAZARDOUS  LEVELS  OF  LEAD.  NEW
 YORK  STATE  PROHIBITS  DISPOSING  OF HAZARDOUS LIGHTING PRODUCTS IN THE
 SOLID WASTE STREAM. THE HAZARDOUS MATERIAL  IN  THESE  PRODUCTS  CAN  BE
 MANAGED  THROUGH  RECYCLING,  BUT  CURRENT  RECYCLING  OPPORTUNITIES AND
 LEVELS ARE VIRTUALLY NONEXISTENT FOR MOST CONSUMERS.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04163-01-1
 
       A. 4238                             2
 2. FLUORESCENT LIGHTING PRODUCTS DELIVERING THE SAME LEVEL OF LIGHT AT
 THE SAME LEVEL OF EFFICIENCY CAN HAVE WIDELY VARYING LEVELS OF MERCURY.
 

S 50-0105. REDUCTION IN THE USE OF TOXIC MATERIALS.
 THE DEPARTMENT SHALL, AFTER ONE OR MORE PUBLIC HEARINGS, DO ALL OF THE
 FOLLOWING,  IN  ORDER  TO  REDUCE  THE USE OF TOXIC MATERIALS IN GENERAL
 PURPOSE LIGHTS SOLD IN THIS STATE:

 1. PRESCRIBE, BY REGULATION,  A  SCHEDULE  FOR  REDUCING  THE  MAXIMUM
 LEVELS  OF  MERCURY  PER  LUMEN  HOUR  IN GENERAL PURPOSE LIGHTS SOLD OR
 AVAILABLE FOR SALE IN THIS STATE.
 2. PRESCRIBE, BY REGULATION,  A  SCHEDULE  FOR  REDUCING  THE  MAXIMUM
 LEVELS  OF  LEAD  IN  GENERAL PURPOSE LIGHTS SOLD OR OFFERED FOR SALE IN
 THIS STATE.
 

S 50-0107. DEFINITIONS.
 1. (A) FOR PURPOSES OF THIS ARTICLE, "GENERAL  PURPOSE  LIGHTS"  MEANS
 LAMPS,  BULBS,  TUBES  OR  OTHER DEVICES THAT PROVIDE FUNCTIONAL ILLUMI
 NATION FOR INDOOR RESIDENTIAL, INDOOR COMMERCIAL AND OUTDOOR USE.
 (B) GENERAL PURPOSE  LIGHTS  DO  NOT  INCLUDE  ANY  OF  THE  FOLLOWING
 SPECIALTY LIGHTING: APPLIANCE, BLACK LIGHT, BUG, COLORED, INFRARED, LEFT
 HAND  THREAD, MARINE, SIGNAL SERVICE, MINE SERVICE, PLANT LIGHT, REFLEC
 TOR, ROUGH SERVICE, SHATTER RESISTANT, SIGN SERVICE, SILVER BOWL,  SHOW
 CASE,  THREE-WAY  TRAFFIC  SIGNAL,  AND  VIBRATION  SERVICE OR VIBRATION
 RESISTANT.
 (C) GENERAL PURPOSE LIGHTS DO NOT INCLUDE  LIGHTS  NEEDED  TO  PROVIDE
 SPECIAL NEEDS LIGHTING FOR INDIVIDUALS WITH EXCEPTIONAL NEEDS.
 (D) FOR PURPOSES OF THIS ARTICLE, "HAZARDOUS MATERIAL" MEANS ANY MATE
 RIAL THAT, BECAUSE OF ITS QUANTITY, CONCENTRATION, OR PHYSICAL OR CHEMI
 CAL  CHARACTERISTICS, POSES A SIGNIFICANT PRESENT OR POTENTIAL HAZARD TO
 HUMAN HEALTH AND SAFETY OR TO THE ENVIRONMENT IF RELEASED INTO THE WORK
 PLACE OR THE ENVIRONMENT. "HAZARDOUS MATERIALS"  INCLUDE,  BUT  ARE  NOT
 LIMITED  TO, HAZARDOUS SUBSTANCES, HAZARDOUS WASTE AND ANY MATERIAL THAT
 A HANDLER OR THE ADMINISTERING AGENCY HAS A REASONABLE BASIS FOR BELIEV
 ING THAT IT WOULD BE INJURIOUS TO THE HEALTH AND SAFETY  OF  PERSONS  OR
 HARMFUL  TO  THE ENVIRONMENT IF RELEASED INTO THE WORKPLACE OR THE ENVI
 RONMENT.
 

S 50-0109. RESPONSIBILITIES OF MANUFACTURERS.
 1.  EVERY MANUFACTURER OF GENERAL PURPOSE LIGHTS SOLD  IN  THIS  STATE
 AND  CONTAINING  HAZARDOUS MATERIALS SHALL BE RESPONSIBLE FOR ALL OF THE
 FOLLOWING:

 (A) ON AND AFTER JULY 1, 2014, ENSURING THAT A SYSTEM IS IN  PLACE  TO
 PROVIDE  FOR  THE  COLLECTION  AND  RECYCLING OF ANY END-OF-LIFE GENERAL
 PURPOSE LIGHTS GENERATED IN THIS STATE; AND
 (B) ON OR BEFORE JULY 1, 2013, SUBMITTING A PLAN TO THE DEPARTMENT FOR
 THE COLLECTION, RECYCLING, AND PROPER MANAGEMENT OF END-OF-LIFE  GENERAL
 PURPOSE LIGHTS GENERATED IN THIS STATE.
 2. THE PLAN AT A MINIMUM SHALL INCLUDE ALL OF THE FOLLOWING:

 (A) THE METHODS TO BE USED BY THE MANUFACTURER TO COLLECT AND PROPERLY
 MANAGE THE DEVICES GENERATED IN THIS STATE;
 (B) THE NUMBER AND FREQUENCY OF COLLECTION OPPORTUNITIES;
 (C)  THE  METHODS  TO  BE USED TO EDUCATE CONSUMERS ABOUT THE OPPORTU
 NITIES PRESENTED IN THE PLAN; AND
 (D) THE FUNDING MECHANISMS TO BE USED BY THE  MANUFACTURER  TO  ACCOM
 PLISH THE PLAN.
 

S 50-0111. STATEWIDE ELECTRICAL ENERGY CONSUMPTION LIMIT FOR LIGHTING.
 1. ON OR BEFORE JULY 1, 2013, THE DEPARTMENT, AFTER ONE OR MORE PUBLIC
 WORKSHOPS,  WITH  PUBLIC  NOTICE  AND  AN OPPORTUNITY FOR ALL INTERESTED
 PARTIES TO COMMENT, SHALL DETERMINE THE AMOUNT OF  STATEWIDE  ELECTRICAL
 
       A. 4238                             3
 ENERGY  CONSUMPTION  USED FOR LIGHTING IN TWO THOUSAND TWELVE, AND SHALL
 APPROVE, IN A PUBLIC HEARING, A STATEWIDE ELECTRICAL ENERGY  CONSUMPTION
 LIMIT  FOR  LIGHTING, TO BE ACHIEVED BY TWO THOUSAND TWENTY-TWO, THAT IS
 EQUIVALENT TO FIFTY PERCENT OF TWO THOUSAND TWELVE USE LEVELS FOR INDOOR
 RESIDENTIAL LIGHTING AND SEVENTY-FIVE PERCENT OF TWO THOUSAND TWELVE USE
 LEVELS FOR INDOOR COMMERCIAL AND OUTDOOR USE LIGHTING.
 2.  THE  STATEWIDE  ELECTRICAL  ENERGY  CONSUMPTION LIMIT FOR LIGHTING
 SHALL REMAIN IN EFFECT UNLESS OTHERWISE AMENDED OR REPEALED.
 3. IT IS THE INTENT OF THE LEGISLATURE THAT THE  STATEWIDE  ELECTRICAL
 ENERGY CONSUMPTION LIMIT FOR LIGHTING CONTINUE TO OPERATE AND BE USED TO
 MAINTAIN  AND  CONTINUE  REDUCTIONS  IN  ENERGY CONSUMPTION FOR LIGHTING
 BEYOND TWO THOUSAND TWENTY-TWO.
 4. THE DEPARTMENT SHALL MAKE RECOMMENDATIONS TO THE GOVERNOR  AND  THE
 LEGISLATURE  REGARDING  HOW  TO CONTINUE REDUCTIONS IN ELECTRICAL ENERGY
 CONSUMPTION FOR LIGHTING BEYOND TWO THOUSAND TWENTY-TWO.
 

S 50-0113. REDUCTION IN  STATEWIDE  ELECTRICAL  ENERGY  CONSUMPTION  FOR
 LIGHTING.
 1. THE DEPARTMENT SHALL, AFTER ONE OR MORE PUBLIC HEARINGS, DO ALL THE
 FOLLOWING,  IN  ORDER TO REDUCE THE WASTEFUL, UNECONOMIC, INEFFICIENT OR
 UNNECESSARY  CONSUMPTION  OF  ENERGY  FOR  LIGHTING  BY   TWO   THOUSAND
 TWENTY-TWO:

 (A)  DEVELOP  AND  IMPLEMENT  A STATEWIDE STRATEGY FOR REDUCING ENERGY
 CONSUMPTION FOR INDOOR RESIDENTIAL LIGHTING BY FIFTY PERCENT;
 (B) DEVELOP AND IMPLEMENT A STATEWIDE  STRATEGY  FOR  REDUCING  ENERGY
 CONSUMPTION   FOR   INDOOR   COMMERCIAL  AND  OUTDOOR  USE  LIGHTING  BY
 TWENTY-FIVE PERCENT;
 (C) ON OR BEFORE DECEMBER 31, 2013, ESTABLISH A  SCHEDULE  OF  MINIMUM
 ENERGY EFFICIENCY STANDARDS FOR ALL GENERAL PURPOSE LIGHTS; AND
 (D)  ESTABLISH  PROGRAMS  AND INCENTIVES TO ENCOURAGE THE SALE IN THIS
 STATE OF GENERAL PURPOSE LIGHTS THAT MEET OR EXCEED THE STANDARDS SET IN
 SUBDIVISION THREE OF THIS SECTION.
 2. THE OFFICE OF GENERAL SERVICES, IN COORDINATION  WITH  THE  DEPART
 MENT,  SHALL END THE PURCHASE OF GENERAL PURPOSE LIGHTS IN STATE FACILI
 TIES THAT DO NOT MEET THE STANDARDS ADOPTED PURSUANT TO PARAGRAPH (C) OF
 SUBDIVISION ONE OF THIS SECTION WITHIN TWO YEARS OF THE STANDARDS  BEING
 ADOPTED.
 

S 2. This act shall take effect immediately.

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