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

                                  5322

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 13, 2015
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Environmental Conser-
  vation

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 9 and 10 of section 27-2107  of  the  environ-
mental  conservation  law,  subdivision 9 as added by chapter 676 of the
laws of 2005 and subdivision 10 as added by chapter 20 of  the  laws  of
2011, are amended to read as follows:
  9.  NO  LATER THAN APRIL FIRST, TWO THOUSAND SEVENTEEN, THE DEPARTMENT
SHALL PROMULGATE REGULATIONS TO PROHIBIT THE SALE, OFFER  FOR  SALE,  OR
DISTRIBUTION  OF  MERCURY-ADDED ROTATIONAL BALANCING PRODUCTS FOR USE ON
ANY OF THE FOLLOWING DEVICES FOR WHICH  A  MERCURY-FREE  ALTERNATIVE  IS
AVAILABLE:  ROTATING  DEVICES,  WHEELS,  CLUTCHES,  FLY WHEELS, ENGINES,
FANS, MOTORS, PUMPS, CRANK SHAFTS, AND DRIVE SHAFTS.
  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
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  eight 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04298-01-5

              

S. 5322                             2

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 SIXTEEN, ANY PERSON REPLAC-
ING 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  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 SIXTEEN, 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.

S. 5322                             3

  6. 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.

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

                                 5322--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 13, 2015
                               ___________

Introduced  by  Sens.  MARCELLINO,  HOYLMAN,  LATIMER  -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Environmental Conservation -- recommitted to the Committee on Environ-
  mental  Conservation  in  accordance  with  Senate  Rule  6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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  9 and 10 of section 27-2107 of the environ-
mental conservation law, subdivision 9 as added by chapter  676  of  the
laws  of  2005  and subdivision 10 as added by chapter 20 of the laws of
2011, are amended to read as follows:
  9. NO LATER THAN APRIL FIRST, TWO THOUSAND  EIGHTEEN,  THE  DEPARTMENT
SHALL  PROMULGATE  REGULATIONS  TO PROHIBIT THE SALE, OFFER FOR SALE, OR
DISTRIBUTION OF MERCURY-ADDED ROTATIONAL BALANCING PRODUCTS FOR  USE  ON
ANY  OF  THE  FOLLOWING  DEVICES FOR WHICH A MERCURY-FREE ALTERNATIVE IS
AVAILABLE: ROTATING DEVICES,  WHEELS,  CLUTCHES,  FLY  WHEELS,  ENGINES,
FANS, MOTORS, PUMPS, CRANK SHAFTS, AND DRIVE SHAFTS.
  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
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 eight of this section upon request by the manufacturer of  a
mercury-added consumer product.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04298-04-6

              

S. 5322--A                          2

  (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 SEVENTEEN, ANY PERSON
REPLACING OR BALANCING A TIRE ON A MOTOR VEHICLE REQUIRED TO  BE  REGIS-
TERED  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 MERCURY
THAT WAS INTENTIONALLY ADDED DURING THE MANUFACTURE OF THE PRODUCT.
  5.  ON  AND  AFTER APRIL FIRST, TWO THOUSAND SEVENTEEN, A PERSON SHALL
NOT SELL OR OFFER TO SELL OR DISTRIBUTE WEIGHTS OR  OTHER  PRODUCTS  FOR

S. 5322--A                          3

BALANCING  MOTOR VEHICLE WHEELS IF THE WEIGHT OR OTHER BALANCING PRODUCT
CONTAINS MERCURY THAT WAS INTENTIONALLY ADDED DURING THE MANUFACTURE  OF
THE PRODUCT.
  6.  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.

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

                                 5322--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 13, 2015
                               ___________

Introduced  by  Sens.  MARCELLINO,  HOYLMAN,  LATIMER  -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Environmental Conservation -- recommitted to the Committee on Environ-
  mental  Conservation  in  accordance  with  Senate  Rule  6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  said committee -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

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 9 and 10 of section 27-2107  of  the  environ-
mental  conservation  law,  subdivision 9 as added by chapter 676 of the
laws of 2005 and subdivision 10 as added by chapter 20 of  the  laws  of
2011, are amended to read as follows:
  9.  NO  LATER  THAN APRIL FIRST, TWO THOUSAND EIGHTEEN, THE DEPARTMENT
SHALL PROMULGATE REGULATIONS TO PROHIBIT THE SALE, OFFER  FOR  SALE,  OR
DISTRIBUTION  OF  MERCURY-ADDED ROTATIONAL BALANCING PRODUCTS FOR USE ON
ANY OF THE FOLLOWING DEVICES FOR WHICH  A  MERCURY-FREE  ALTERNATIVE  IS
AVAILABLE:  ROTATING  DEVICES,  CLUTCHES,  FLY  WHEELS,  ENGINES,  FANS,
MOTORS, PUMPS, CRANK SHAFTS, AND DRIVE SHAFTS.
  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
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  eight of this section upon request by the manufacturer of a
mercury-added consumer product.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04298-07-6
              

S. 5322--B                          2

  (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 EIGHTEEN, ANY PERSON REPLAC-
ING  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 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 EIGHTEEN, A PERSON SHALL NOT
SELL  OR  OFFER  TO  SELL  OR  DISTRIBUTE  WEIGHTS OR OTHER PRODUCTS FOR

S. 5322--B                          3

BALANCING MOTOR VEHICLE WHEELS IF THE WEIGHT OR OTHER BALANCING  PRODUCT
CONTAINS  MERCURY THAT WAS INTENTIONALLY ADDED DURING THE MANUFACTURE OF
THE PRODUCT.
  6.  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.