Prohibits mercury-added rotational balancing products.
TITLE OF BILL: An act to amend the environmental conservation law, in relation to prohibiting mercury-added rotational balancing products
To prohibit the use of mercury added rotational balancing products for use on certain products including wheels.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 prohibits after April 1 2015 the sale or distribution of any mercury added rotational balance product for use on wheels, clutches, fly wheels, engines, fans, motors and pumps, crank shafts, drive shafts or other rotating devices. Section 2 adds mercury to the prohibition to the type of wheel weights disallowed under current law. This section also states that after April 1, 2015 any person replacing or balancing a tire shall not use wheel weights containing mercury that was intentionally added. After April 1, 2015 prohibits the sale of weights for balancing if the weights contain mercury that was intentionally added to the weight. April 1, 2016 prohibits the sale of a new motor vehicle that is equipped with weights containing mercury.
Section 3 is the effective date.
Mercury has been proven to impair brain development. The Centers for Disease Control and Prevention estimates that between 300,000 and 630,000 infants each year are born in the United States with mercury levels high enough to be associated with IQ loss. When products containing mercury are discarded, they often enter the waste stream, polluting soil, drinking water sources, and aquatic habitats. In rivers and the ocean, mercury bioaccumulates.
Mercury is an extremely toxic substance that has been phased out of many products in New York. It is good environmental policy to limit and prevent the use of mercury when a readily available and non toxic substance is available. In the instances covered by this legislation non-toxic replacements are readily available, as mercury products are a niche product in this arena. Previously the legislature has limited the use of lead in wheel weights as the possible danger to the environment is obvious. One particular type of wheel weight contains 28 ounces of liquid mercury per wheel.
PRIOR LEGISLATIVE HISTORY:
This bill shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 6907 IN SENATE March 27, 2014 ___________Introduced by Sens. GRISANTI, 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 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 theEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13937-02-4 S. 6907 2
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]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.S. 6907 3
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 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.