Relates to the reduction of mercury in mercury-added lamps.
Ayes (9): Thompson, Oppenheimer, Schneiderman, Parker, Serrano, Perkins, Stewart-Cousins, Foley, Padavan
Ayes W/R (3): Marcellino, Leibell, Young
Nays (1): Little
Excused (1): Johnson O
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to the reduction of mercury in mercury-added fluorescent lamps
To address the serious health risks posed to New York State residents by the amount of mercury in fluorescent lamps.
SUMMARY OF PROVISIONS:
Section 1: Adds a new title 4 to article 37 of the environmental conservation law to prohibit the sale of fluorescent lamps with mercury levels above those set by the commissioner in accordance with this legislation. The Department of Environmental Conservation is authorized to set mercury content standards for compact fluorescent lamps (CFLs) at no higher than five milligrams (5 mg) of mercury; for halophosphate straight fluorescent lamps at no higher than ten milligrams (10 mg); for triphosphate (triband phosphor) straight fluorescent lamps with normal life at 5 mg; and for triphosphate (triband phosphor) with long life (defined as in excess of twenty-five thousand hours) at no higher than eight milligrams (8mg). The prohibition and the rules and regulations shall take effect in New York State as of July 1, 2011. Finally, the title sets forth penalty provisions for violations.
Section 2: Sets forth the effective date.
As fluorescent lamps become an increasingly popular method of reducing energy use, the amount of mercury contained within these lamps poses a potential health risk. When a fluorescent lamp breaks, it releases mercury-a hazardous material dangerous to human health and the environment. Breakage can occur during normal use and particularly after disposal. This legislation would ensure that fluorescent lamps sold in New York State do not contain excessive levels of mercury.
California, Maine, and the European Union have already adopted laws that set maximum mercury content limits for compact fluorescent lamps (CFLs), halophosphate lamps, and triphosphate lamps. The National Electrical Manufactures Association (NEMA) has recommended mercury content limits for fluorescent lamps, and many of its member organizations have voluntarily complied.
LEGISLATIVE HISTORY: This is a new bill in the Senate.
FISCAL IMPACT ON THE STATE: None.
LOCAL FISCAL IMPACT: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 7966 IN SENATE May 27, 2010 ___________Introduced by Sen. THOMPSON -- 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 fluorescent lamps THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Article 37 of the environmental conservation law is amended by adding a new title 4 to read as follows: TITLE 4 FLUORESCENT LAMPS SECTION 37-0401. DEFINITIONS. 37-0403. PROHIBITIONS. 37-0405. RULES AND REGULATIONS. 37-0407. VIOLATIONS. S 37-0401. DEFINITIONS. 1. "MERCURY-ADDED FLUORESCENT LAMP" MEANS AN ELECTRIC LAMP TO WHICH MERCURY OR MERCURY COMPOUNDS ARE INTENTIONALLY ADDED DURING THE MANUFAC- TURING PROCESS, INCLUDING, BUT NOT LIMITED TO, COMPACT FLUORESCENT LAMPS, HALOPHOSPHATE STRAIGHT FLUORESCENT LAMPS, AND TRIPHOSPHATE (TRI- BAND PHOSPHATES) STRAIGHT FLUORESCENT LAMPS WITH NORMAL OR LONG LIFE. 2. "PRODUCER" MEANS ANY PERSON WHO: (I) MANUFACTURES AND SELLS MERCURY-ADDED FLUORESCENT LAMPS UNDER HIS OWN BRAND; (II) RESELLS UNDER HIS OWN BRAND EQUIPMENT PRODUCED BY OTHER SUPPLI- ERS, A RESELLER NOT BEING REGARDED AS THE "PRODUCER" IF THE BRAND OF THE PRODUCER APPEARS ON THE EQUIPMENT, AS PROVIDED FOR IN PARAGRAPH (I) OF THIS SUBDIVISION; (III) IMPORTS OR EXPORTS ELECTRICAL AND ELECTRONIC EQUIPMENT ON A PROFESSIONAL BASIS; OR (IV) SERVES AS THE IMPORTER OR DOMESTIC DISTRIBUTOR OF A MERCURY-ADDED FLUORESCENT LAMP IF THE BRAND NAME OWNER IS LOCATED OUTSIDE OF THE UNITED STATES.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16214-05-0 S. 7966 2
3. "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. 4. "LONG LIFETIME" MEANS MORE THAN 25,000 KILOWATT HOURS WHEN TESTED ON AN INSTANT START BALLAST AND TURNED ON AND OFF EVERY THREE HOURS ("THREE HOUR STARTS"). S 37-0403. PROHIBITIONS. 1. AS OF JULY FIRST, TWO THOUSAND ELEVEN, A PRODUCER OF MERCURY-ADDED FLUORESCENT LAMPS MAY NOT OFFER SUCH LAMPS FOR SALE THAT DO NOT MEET THE MERCURY CONTENT STANDARDS ADOPTED BY THE DEPARTMENT. S 37-0405. RULES AND REGULATIONS. THE COMMISSIONER SHALL HAVE THE POWER TO ADOPT SUCH RULES AND REGU- LATIONS TO PROVIDE FOR THE EFFECTIVE APPLICATION AND ENFORCEMENT OF THIS TITLE, PROVIDED THAT AS OF JULY FIRST, TWO THOUSAND ELEVEN, THE COMMIS- SIONER SHALL ADOPT REGULATIONS TO PROVIDE MERCURY CONTENT STANDARDS NO HIGHER THAN: 1. FIVE MILLIGRAMS FOR COMPACT FLUORESCENT LAMPS; 2. TEN MILLIGRAMS FOR HALOPHOSPHATE STRAIGHT FLUORESCENT LAMPS USED FOR GENERAL PURPOSES; 3. FIVE MILLIGRAMS FOR TRIPHOSPHATE STRAIGHT FLUORESCENT LAMPS USED FOR GENERAL PURPOSES WITH A NORMAL LIFETIME; 4. EIGHT MILLIGRAMS FOR TRIPHOSPHATE STRAIGHT FLUORESCENT LAMPS USED FOR GENERAL PURPOSES WITH A LONG LIFETIME. S 37-0407. VIOLATIONS. A VIOLATION OF ANY OF THE PROVISIONS OF THIS TITLE OR ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO SHALL BE PUNISHABLE IN THE CASE OF A FIRST VIOLATION, BY A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND DOLLARS. IN THE CASE OF A SECOND AND ANY FURTHER VIOLATION, THE LIABIL- ITY SHALL BE FOR A CIVIL PENALTY NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS FOR EACH VIOLATION. S 2. This act shall take effect immediately.