S T A T E O F N E W Y O R K ________________________________________________________________________ 4619 2011-2012 Regular Sessions I N S E N A T E 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: 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, HALO- 7 PHOSPHATE STRAIGHT FLUORESCENT LAMPS, AND TRIPHOSPHATE (TRIBAND PHOSP- 8 HATES) STRAIGHT FLUORESCENT LAMPS WITH NORMAL OR LONG LIFETIME. 9 31. "PRODUCER OF MERCURY-ADDED LAMPS" MEANS ANY PERSON WHO: 10 (A) MANUFACTURES AND SELLS MERCURY-ADDED LAMPS UNDER ITS OWN BRAND; 11 (B) RESELLS UNDER ITS OWN BRAND EQUIPMENT PRODUCED BY OTHER SUPPLIERS, 12 A RESELLER NOT BEING REGARDED AS THE PRODUCER OF MERCURY-ADDED LAMPS IF 13 THE BRAND OF THE PRODUCER OF MERCURY-ADDED LAMPS APPEARS ON THE EQUIP- 14 MENT, AS PROVIDED FOR IN PARAGRAPH (A) OF THIS SUBDIVISION; 15 (C) IMPORTS OR EXPORTS ELECTRICAL AND ELECTRONIC EQUIPMENT ON A 16 PROFESSIONAL BASIS; OR 17 (D) SERVES AS THE IMPORTER OR DOMESTIC DISTRIBUTOR OF A MERCURY-ADDED 18 LAMP IF THE BRAND NAME OWNER IS LOCATED OUTSIDE OF THE UNITED STATES. 19 32. "GENERAL PURPOSE LIGHTS" MEANS THE FOLLOWING LAMPS, BULBS, TUBES, 20 OR OTHER ELECTRIC DEVICES THAT PROVIDE FUNCTIONAL ILLUMINATION FOR 21 INDOOR RESIDENTIAL, INDOOR COMMERCIAL, AND OUTDOOR USE: COMPACT FLUORES- 22 CENT LAMPS UP TO NINE INCHES IN LENGTH AND STRAIGHT FLUORESCENT LAMPS UP 23 TO FIFTY INCHES IN LENGTH WITH A MEDIUM BI-PIN OR MINIATURE BI-PIN BASE, 24 THAT OPERATE ON AN INSTANT START, RAPID START, OR PROGRAMMED START 25 BALLAST. GENERAL PURPOSE LIGHTS SHALL NOT INCLUDE T12 LAMPS THAT OPERATE 26 ON A REFERENCE CURRENT GREATER THAN FOUR HUNDRED FIFTY MILLIAMPS, T8 27 LAMPS THAT OPERATE ON A REFERENCE CURRENT GREATER THAN THREE HUNDRED 28 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 1 33. "SPECIAL PURPOSE LIGHTS" MEANS THE FOLLOWING SPECIALTY LIGHTING: 2 APPLIANCE, BLACK LIGHT, GERMICIDAL, BUG, COLORED, PLANT LIGHT, REFLEC- 3 TOR, REPROGRAPHIC, SHATTER RESISTANT, COLD TEMPERATURE, OR THREE-WAY. 4 34. "LONG LIFETIME" MEANS MORE THAN TWENTY-FOUR THOUSAND HOURS WHEN 5 TESTED ON AN ELECTRONIC OR ELECTROMAGNETIC BALLAST, INCLUDING, BUT NOT 6 LIMITED TO, A T8 INSTANT START BALLAST, A T12 RAPID START BALLAST, OR A 7 T5 PROGRAMMED START BALLAST, AND TURNED ON AND OFF EVERY THREE HOURS 8 ("THREE HOUR STARTS"). 9 S 2. Section 27-2107 of the environmental conservation law is amended 10 by adding two new subdivisions 10 and 11 to read as follows: 11 10. ON AND AFTER JANUARY FIRST, TWO THOUSAND TWELVE, NO PRODUCER OF 12 MERCURY-ADDED LAMPS SHALL SELL, OFFER FOR SALE, OR DISTRIBUTE SUCH LAMPS 13 THAT FAIL TO MEET MERCURY CONTENT STANDARDS ADOPTED BY THE DEPARTMENT, 14 AND FOR THE FOLLOWING GENERAL PURPOSE LIGHTS, MERCURY CONTENT SHALL BE 15 NO HIGHER THAN: 16 (A) FIVE MILLIGRAMS FOR COMPACT FLUORESCENT LAMPS; 17 (B) TEN MILLIGRAMS FOR HALOPHOSPHATE STRAIGHT FLUORESCENT LAMPS; 18 (C) FIVE MILLIGRAMS FOR TRIPHOSPHATE STRAIGHT FLUORESCENT LAMPS WITH A 19 NORMAL LIFETIME; 20 (D) EIGHT MILLIGRAMS FOR TRIPHOSPHATE STRAIGHT FLOURESCENT LAMPS WITH 21 A LONG LIFETIME. 22 11. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE, MERCURY 23 CONTENT STANDARDS ESTABLISHED IN ACCORDANCE WITH THIS SECTION SHALL NOT 24 APPLY TO SPECIAL PURPOSE LIGHTS. 25 S 3. Section 27-2111 of the environmental conservation law, as amended 26 by chapter 676 of the laws of 2005, is amended to read as follows: 27 S 27-2111. Regulations. 28 The department shall promulgate and enforce any regulations necessary 29 to implement the provisions of this title. 30 Such regulations shall provide for the proper storage, recycling and 31 disposal of mercury-added consumer products at facilities regulated 32 pursuant to titles seven and nine of this article. 33 SUCH REGULATIONS MAY PROVIDE FOR MERCURY CONTENT STANDARDS FOR MERCU- 34 RY-ADDED LAMPS NOT INCONSISTENT WITH SECTION 27-2107 OF THIS TITLE. 35 S 4. Subdivision 1 of section 71-2724 of the environmental conserva- 36 tion law, as added by chapter 145 of the laws of 2004, is amended to 37 read as follows: 38 1. Any person who knowingly or intentionally violates any provision of 39 or fails to perform any duty pursuant to title twenty-one of article 40 twenty-seven of this chapter, except subdivision one of section 27-2105 41 AND SUBDIVISION TEN OF SECTION 27-2107 of this chapter, shall upon the 42 first finding of such a violation be liable for a civil penalty not to 43 exceed one hundred dollars. Any person convicted of a second or subse- 44 quent violation shall be liable for a civil penalty not to exceed five 45 hundred dollars for each violation. 46 S 5. Section 71-2724 of the environmental conservation law is amended 47 by adding a new subdivision 2-a to read as follows: 48 2-A. ANY PERSON WHO KNOWINGLY OR INTENTIONALLY VIOLATES OR FAILS TO 49 PERFORM ANY DUTY IMPOSED BY SUBDIVISION TEN OF SECTION 27-2107 OF THIS 50 CHAPTER OR ANY OF THE PROVISIONS, RULE, OR REGULATION PROMULGATED PURSU- 51 ANT THERETO SHALL BE PUNISHABLE IN THE CASE OF A FIRST VIOLATION, BY A 52 CIVIL PENALTY NOT TO EXCEED TEN THOUSAND DOLLARS. IN THE CASE OF A 53 SECOND AND ANY FURTHER VIOLATION, THE LIABILITY SHALL BE FOR A CIVIL 54 PENALTY NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS FOR EACH VIOLATION. 55 S 6. This act shall take effect immediately.