Relates to the reduction of mercury in mercury-added lamps.
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 address the serious health risks posed to New York State residents by the amount of mercury in mercury-added lamps.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends section 27-2101 of the environmental conservation law by adding new subdivisions thirty, thirty-one, thirty-two, thirty-three, and thirty-four to define "mercury-added lamp," "producer of mercury-added lamps," "general purpose lights," "special purpose lights," and "long lifetime."
Section 2 of the bill amends section 27-2107 of the environmental conservation law by adding new subdivisions eleven and twelve. Subdivision eleven prohibits the sale or distribution of mercury-added lamps that fail to meet mercury content standards adopted by the department after January 1, 2015, and establishes maximum mercury content for general purpose lights. Subdivision twelve exempts special purpose lights from mercury content standards until December 31, 2015.
Section 3 of the bill amends subdivision one of section 71-2724 of the environmental conservation law to exclude subdivision eleven of section 27-2710 of the environmental conservation law from the penalties set forth therein.
Section 4 of the bill amends subdivision two of section 71-2724 of the environmental conservation law to exclude subdivision eleven of section 27-2107 from the penalties set forth therein.
Section 5 of the bill sets forth the effective date.
JUSTIFICATION: The amount of mercury contained within mercury-added lamps poses a potential health risk. When a mercury-added lamp breaks, it releases mercury, which is a hazardous material dangerous to human health and the environment. Breakage can occur during normal use, transportation, and end-of-life management. This legislation would ensure that mercury-added lamps sold in New York State do not contain excessive levels of mercury.
The European Union, California, Maine, and Vermont have adopted laws that set maximum mercury content limits for compact fluorescent lamps (CFLs), tubular fluorescent lamps that are linear, circular or another shape, high-pressure sodium lamps, and a variety of other mercury-added lamps. The National Electrical Manufacturers Association (NEMA) has also recommended mercury content limits for mercury-added lamps, and many of its member organizations have voluntarily complied.
In 2005, New York banned the disposal of mercury-added consumer products in solid waste management facilities. However, the law exempted mercury-containing lamps discarded by households. In the absence of a convenient collection program for discarded mercury lamps, most of those used for residential purposes are being disposed
of in landfills and incinerators. Restricting the sale of mercury-added consumer products is consistent with the legislative recommendations of New York's Sustainable Materials Management Policy which was adopted in December 2010.
LEGISLATIVE HISTORY: 2013: A02048A (Kavanagh) Environmental Conservation 2012: A05583B (Kavanagh) - Rules 2011: A05583 (Kavanagh) Codes 2010: A10100C (Kavanagh) - Environmental Conservation
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect immediately. Effective immediately, the department of environmental conservation may promulgate any regulations necessary to implement the provisions of this act.
STATE OF NEW YORK ________________________________________________________________________ 7456 IN SENATE May 15, 2014 ___________Introduced by Sen. SANDERS -- 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 five new subdivisions 30, 31, 32, 33, and 34 to read as follows: 30. "MERCURY-ADDED LAMP" MEANS AN ELECTRIC LAMP TO WHICH MERCURY OR MERCURY COMPOUNDS ARE INTENTIONALLY ADDED DURING THE MANUFACTURING PROC- ESS, INCLUDING, BUT NOT LIMITED TO, COMPACT FLUORESCENT LAMPS, FLUORES- CENT LAMPS AND TUBULAR 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 LIGHTS" MEANS LAMPS, BULBS, TUBES, OR OTHER ELEC- TRIC DEVICES THAT PROVIDE FUNCTIONAL ILLUMINATION FOR INDOOR RESIDEN- TIAL, INDOOR COMMERCIAL, AND OUTDOOR USE. GENERAL PURPOSE LIGHTS SHALL NOT INCLUDE SPECIAL PURPOSE LIGHTS. 33. "SPECIAL PURPOSE LIGHTS" MEANS THE FOLLOWING SPECIALTY LIGHTING: APPLIANCE, BLACK LIGHT, GERMICIDAL, BUG, COLORED, INFRARED, LEFT-HAND THREAD, MARINE, MARINE'S SIGNAL SERVICE, MINE SERVICE, PLANT LIGHT, REFLECTOR, REPROGRAPHIC, ROUGH SERVICE, SHATTER-RESISTANT, COLD TEMPER- ATURE, SIGN SERVICE, SILVER BOWL, SHOWCASE, THREE-WAY, TRAFFIC SIGNAL, AND VIBRATION SERVICE. 34. "LONG LIFETIME" MEANS MORE THAN TWENTY-FOUR THOUSAND HOURS WHEN TESTED ON A T8 INSTANT START BALLAST, A T12 RAPID START BALLAST, OR A T5EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02320-05-4 S. 7456 2
PROGRAMMED START BALLAST, AND TURNED ON AND OFF EVERY THREE HOURS ("THREE HOUR STARTS"). 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 MERCURY-ADDED LAMPS SHALL SELL, OFFER FOR SALE, OR DISTRIBUTE SUCH LAMPS THAT FAIL TO MEET MERCURY CONTENT STANDARDS ADOPTED BY THE DEPARTMENT, AND FOR THE FOLLOWING GENERAL PURPOSE LIGHTS, MERCURY CONTENT SHALL BE NO HIGHER THAN: (A) 2.5 MILLIGRAMS FOR COMPACT FLUORESCENT LAMPS LESS THAN THIRTY WATTS; (B) 3.5 MILLIGRAMS FOR STRAIGHT FLUORESCENT T8 LAMPS WITH A NORMAL LIFETIME (EXCLUDING 8-FOOT MODELS) AND 3.0 MILLIGRAMS FOR STRAIGHT FLUORESCENT T5 LAMPS WITH A NORMAL LIFETIME; (C) 5.0 MILLIGRAMS FOR STRAIGHT FLUORESCENT T8 AND T5 LAMPS WITH A LONG LIFETIME; (D) 15.0 MILLIGRAMS FOR NON-LINEAR FLUORESCENT T8, T5, AND T12 LAMPS AND 8-FOOT LINEAR FLUORESCENT LAMPS (EXCLUDING VERY HIGH OUTPUT MODELS); 12. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, 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 immediately. Effective immediately, the department of environmental conservation shall promulgate any regu- lations necessary to implement the provisions of this act.