Relates to the prohibition of the sale, offer for sale or distribution of mercury added lamps that fail to meet the mercury content standards adopted by the department.
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 BILL: To reduce the amount of mercury contained in certain mercury containing lamps.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends Section 27-2101 of the environmental conservation law to contain various definitions for this act. Section 2 amends Section 27-2107 of the environmental conservation law to put constraints on the amount of mercury certain lamps can contain.
Section 3 is the penalty provision for this act.
Section 4 contains penalties for this act.
Section 5 is the effective date.
JUSTIFICATION: With the Federal Government outlawing incandescent light bulbs to help save energy most individuals are now moving towards fluorescent light bulbs which save energy. However, these light bulbs contain sometimes significant amounts of mercury which is a significant environmental hazard when it enters the waste stream. As a result of this movement towards fluorescent lights it is imperative to limit the amount of mercury they contain so as to not allow it to enter our waste stream.
PRIOR LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE:This bill shall take effect on the one hundred eightieth day after it shall become law.
STATE OF NEW YORK ________________________________________________________________________ 6514 IN SENATE January 31, 2014 ___________Introduced by Sen. GRISANTI -- 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 six new subdivisions 30, 31, 32, 33, 34 and 35 to read as follows: 30. "MERCURY-ADDED LAMP" MEANS A GENERAL PURPOSE LIGHT TO WHICH MERCU- RY OR MERCURY COMPOUNDS ARE INTENTIONALLY ADDED DURING THE MANUFACTURING PROCESS, INCLUDING, BUT NOT LIMITED TO, 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; OR (C) 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 LIGHT" MEANS A LAMP, BULB OR TUBE, OR OTHER ELEC- TRIC DEVICE THAT PROVIDES FUNCTIONAL ILLUMINATION FOR INDOOR RESIDEN- TIAL, INDOOR COMMERCIAL, AND/OR OUTDOOR USE. GENERAL PURPOSE LIGHTS SHALL NOT INCLUDE SPECIAL PURPOSE LIGHTS. 33. "SPECIAL PURPOSE LIGHT" MEANS A LAMP, BULB OR TUBE THAT IS NOT INTENDED TO SATISFY THE MAJORITY OF GENERAL LIGHTING APPLICATIONS INCLUDING BUT NOT LIMITED TO A: SIGN LIGHT, APPLIANCE LIGHT, BLACK LIGHT, GERMICIDAL LIGHT, BUG LIGHT, COLORED LIGHT, PLANT LIGHT, STRAIGHT FLUORESCENT REFLECTOR LIGHT, REPROGRAPHIC LIGHT, SHATTER-RESISTANT LIGHT, COLD TEMPERATURE LIGHT, THREE-WAY LIGHT, PREHEAT LIGHT AND HIGH COLOR RENDERING LIGHT WITH A CRI GREATER THAN OR EQUAL TO 87. 34. "NORMAL LIFETIME" MEANS EQUAL TO OR GREATER THAN FOURTEEN THOUSAND HOURS AND LESS THAN OR EQUAL TO TWENTY-FIVE THOUSAND HOURS WHEN TESTEDEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13306-04-4 S. 6514 2
ON AN ELECTRONIC BALLAST, INCLUDING TS INSTANT START BALLASTS AND TS PROGRAMMED START BALLASTS, AND WHEN LIFE TESTED THREE HOURS ON, TWENTY MINUTES OFF. 35. "LONG LIFETIME" MEANS GREATER THAN TWENTY-FOUR THOUSAND HOURS WHEN TESTED ON AN ELECTRONIC BALLAST, INCLUDING T8 INSTANT START BALLASTS AND TS PROGRAMMED START BALLASTS, AND ON AND OFF EVERY THREE HOURS ("THREE HOUR STARTS") WHEN LIFE TESTED THREE HOURS ON, TWENTY MINUTES OFF. S 2. Section 27-2107 of the environmental conservation law is amended by adding two new subdivisions 11 and 12 to read as follows: 11. ON AND AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, NO PRODUCER OF A MERCURY-ADDED LAMP SHALL SELL, OFFER FOR SALE, OR DISTRIBUTE IN THIS STATE ANY ELECTRIC LAMP MANUFACTURED AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION THAT CONTAINS MERCURY IN AN AMOUNT EXCEEDING, ON AVERAGE PER LAMP TYPE, THE FOLLOWING MERCURY CONTENT STANDARDS: (A) 3 MILLIGRAMS FOR A STRAIGHT FLUORESCENT T5 LAMP WITH A NORMAL LIFETIME; (B) 5 MILLIGRAMS FOR STRAIGHT FLUORESCENT T8 OR T5 LAMPS WITH A LONG LIFETIME AND LESS THAN SEVENTY-TWO INCHES IN LENGTH; (C) 15 MILLIGRAMS FOR T12 8-FOOT STRAIGHT FLUORESCENT LAMPS (EXCLUDING HIGH OUTPUT MODELS). 12. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN, MERCURY CONTENT STANDARDS ESTABLISHED IN ACCORDANCE WITH THIS SECTION SHALL NOT APPLY TO SPECIAL PURPOSE LIGHTS. S 3. 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 ELEVEN 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 subsequent violation shall be liable for a civil penalty not to exceed five hundred dollars for each violation. S 4. Subdivision 2 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: 2. Any person who knowingly or intentionally violates or fails to perform any duty imposed by subdivision one of section 27-2105 OR SUBDI- VISION ELEVEN OF SECTION 27-2107 of this chapter shall upon the first finding of such a violation be provided with educational materials describing the requirements for mercury disposal and the effects of improper mercury disposal, and be warned that future violations shall result in the imposition of a fine. Any person convicted of a second violation shall be liable for a civil penalty not to exceed fifty dollars. Any person convicted of a third violation shall be liable for a civil penalty not to exceed seventy-five dollars. Any person convicted of a fourth or subsequent violation shall be liable for a civil penalty not to exceed one hundred dollars for each violation. S 5. This act shall take effect on the one hundred eightieth day after it shall have become a law, provided however that effective immediately, the department of environmental conservation shall promulgate any regu- lations necessary to implement the provisions of this act.