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

                                  9143

                          I N  A S S E M B L Y

                             March 20, 2014
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  prohibiting mercury-added rotational balancing products

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

  Section 1. Subdivisions 1, 2, 9 and 10 of section 27-2107 of the envi-
ronmental conservation law, subdivision 1 as amended and  subdivision  9
as  added  by chapter 676 of the laws of 2005, subdivision 2 as added by
chapter 145 of the laws of 2004 and subdivision 10 as added  by  chapter
20 of the laws of 2011, are amended to read as follows:
  1. On [and] OR after January first, two thousand five, no person shall
sell,  offer  for  sale  or  distribute  free of charge in the state any
mercury-added novelty consumer product. A manufacturer that produces  or
sells  mercury-added  novelty  consumer  products shall notify retailers
that sell mercury-added novelty consumer products about such product ban
and inform such retailers of how to properly dispose  of  the  remaining
inventory.
  2. On [and] OR after January first, two thousand five, no person shall
sell, offer for sale or distribute free of charge mercury fever thermom-
eters  or  mercury body thermometers except by prescription written by a
physician. A manufacturer of such thermometers shall provide  the  buyer
or  the recipient with notice of mercury content, instructions on proper
disposal and instructions that clearly describe how to carefully  handle
the  thermometer to avoid breakage and on proper cleanup should a break-
age occur.
  9. ON OR AFTER APRIL FIRST, TWO  THOUSAND  FIFTEEN,  NO  PERSON  SHALL
SELL,  OFFER FOR SALE OR DISTRIBUTE ANY MERCURY-ADDED ROTATIONAL BALANC-
ING PRODUCT FOR USE ON WHEELS,  CLUTCHES,  FLY  WHEELS,  ENGINES,  FANS,
MOTORS AND PUMPS, CRANK SHAFTS, DRIVE SHAFTS, OR OTHER ROTATING DEVICES.
  10.  The provisions of subdivisions five, six, seven, [and] eight, AND
NINE of this section shall not apply to the sale or distribution of  any
mercury-added  consumer  product delineated in those subdivisions if the
use of such product is  a  federal  requirement.  The  department  shall

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

                                                           LBD13937-02-4

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develop informational materials on the dangers of mercury-added consumer
products, specifically thermometers and barometers, and disseminate such
materials to antique dealers and resale establishments.
  [10.]  11.  The  department  may grant a waiver from the provisions of
[subdivision] SUBDIVISIONS eight AND NINE of this section  upon  request
by the manufacturer of a mercury-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  2.  Section 37-0113 of the environmental conservation law, as added
by chapter 494 of the laws of 2010, is amended to read as follows:
S 37-0113. Lead AND MERCURY-ADDED wheel [weight] WEIGHTS; prohibited.
  1. On and after April first, two thousand eleven any person  replacing
or  balancing  a tire on a motor vehicle required to be registered under
article fourteen of title four of the vehicle and traffic law, shall not
use a wheel weight or other product for balancing motor  vehicle  wheels
if  the weight or other balancing product contains more than 0.1 percent
lead by weight.
  2. On and after April first, two thousand eleven, a person  shall  not
sell  or  offer  to  sell  or  distribute  weights or other products for
balancing motor vehicle wheels if the weight or other balancing  product
contains more than 0.1 percent lead by weight.
  3.  On  and  after  April first, two thousand twelve, a person may not
sell a new motor vehicle that is equipped with a weight or other product
for balancing motor vehicle wheels if  the  weight  or  other  balancing
product contains more than 0.1 percent lead by weight.
  4.  ON AND AFTER APRIL FIRST, TWO THOUSAND FIFTEEN, ANY PERSON REPLAC-
ING OR BALANCING A TIRE ON A MOTOR VEHICLE  REQUIRED  TO  BE  REGISTERED

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UNDER  ARTICLE  FOURTEEN  OF  TITLE FOUR OF THE VEHICLE AND TRAFFIC LAW,
SHALL NOT USE A WHEEL WEIGHT OR OTHER PRODUCT FOR BALANCING MOTOR  VEHI-
CLE  WHEELS  IF  THE  WEIGHT OR OTHER BALANCING PRODUCT CONTAINS MERCURY
THAT WAS INTENTIONALLY ADDED DURING THE MANUFACTURE OF THE PRODUCT.
  5.  ON AND AFTER APRIL FIRST, TWO THOUSAND FIFTEEN, A PERSON SHALL NOT
SELL OR OFFER TO SELL  OR  DISTRIBUTE  WEIGHTS  OR  OTHER  PRODUCTS  FOR
BALANCING  MOTOR VEHICLE WHEELS IF THE WEIGHT OR OTHER BALANCING PRODUCT
CONTAINS MERCURY THAT WAS INTENTIONALLY ADDED DURING THE MANUFACTURE  OF
THE PRODUCT.
  6.  ON  AND  AFTER APRIL FIRST, TWO THOUSAND SIXTEEN, A PERSON MAY NOT
SELL A NEW MOTOR VEHICLE THAT IS EQUIPPED WITH A WEIGHT OR OTHER PRODUCT
FOR BALANCING MOTOR VEHICLE WHEELS IF  THE  WEIGHT  OR  OTHER  BALANCING
PRODUCT  CONTAINS  MERCURY THAT WAS INTENTIONALLY ADDED DURING THE MANU-
FACTURE OF THE PRODUCT.
  7. For purposes of this section, the following terms  shall  have  the
following meanings:
  a.  "New  motor  vehicle" means a motor vehicle that is required to be
registered under article fourteen of title four of the vehicle and traf-
fic law that has not  been  previously  sold  to  any  person  except  a
distributor, wholesaler or motor vehicle dealer for resale.
  b.  "Person"  means  any  individual,  firm, association, partnership,
corporation, organization, or joint venture.
  S 3. This act shall take effect immediately.