Bill Text: NY A01523 | 2017-2018 | General Assembly | Introduced

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Bill Title: Prohibits the disposal in a solid waste facility of lamps containing mercury; requires manufacturers thereof to establish collection and recycling programs.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to environmental conservation [A01523 Detail]

Download: New_York-2017-A01523-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1523
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 12, 2017
                                       ___________
        Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
          Committee on Environmental Conservation
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          disposal  of  mercury-containing lamps and manufacturer collection and
          recycling programs
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section 27-2113 of the environmental conservation law, as
     2  added by chapter 145 of the laws of 2004, subdivision 1  as  amended  by
     3  chapter 676 of the laws of 2005, is amended to read as follows:
     4  § 27-2113. Exemptions.
     5    [1.] The provisions of this title shall not apply to photographic film
     6  and paper, pharmaceutical products, biological products or any substance
     7  that  may be lawfully sold over the counter without a prescription under
     8  the federal Food, Drug and Cosmetic Act, 21 USC  301  et  seq.  For  the
     9  purposes of this subdivision, "biological product" means a virus, thera-
    10  peutic  serum,  toxin,  antitoxin,  vaccine,  blood,  blood component or
    11  derivative, allergenic product or an analogous product, or arsphenamine,
    12  or any other trivalent organic arsenic compound used for the prevention,
    13  treatment or cure of a disease or condition of human beings.
    14    [2. The provisions of subdivision one of section 27-2105 of this title
    15  shall not apply to mercury-containing lamps discarded by households.
    16    3. The provisions of subdivision one of section 27-2105 of this  title
    17  shall  not  apply to mercury-containing lamps discarded by a small busi-
    18  ness if such small business discards no more than  fifteen  mercury-con-
    19  taining  lamps  per  month.  For the purposes of this subdivision "small
    20  business" means any business which is resident in this state,  independ-
    21  ently  owned  and operated, not dominant in its field, and employing not
    22  more than one hundred individuals.]
    23    § 2. The environmental conservation law is amended  by  adding  a  new
    24  section 27-2119 to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00613-01-7
        A. 1523                             2
     1  § 27-2119. Mercury lamp collection program.
     2    1. Definitions. "Producer" means a person that:
     3    (a) Has or had legal ownership of the brand, brand name or co-brand of
     4  a mercury-containing lamp sold in or into this state;
     5    (b) Imports or has imported mercury-containing lamps; or
     6    (c) Makes or made an unbranded mercury-containing lamp that is sold or
     7  has been sold in or into this state.
     8    2. Producer responsibilities. (a) Every producer of mercury-containing
     9  lamps  sold  in  or into this state shall, individually or collectively,
    10  and not later than June first, two thousand nineteen, submit a  plan  to
    11  the  department  for  approval  that  describes a collection program for
    12  out-of-service mercury-containing lamps. The  collection  program  shall
    13  not  involve  any  direct  cost  to  households  or small businesses for
    14  participating in the program. The collection program shall at a  minimum
    15  include:  the  identity  of  collection,  transportation  and processing
    16  service providers, including consideration given to existing residential
    17  curbside collection infrastructure and mailback systems as an  appropri-
    18  ate  collection  mechanism;  how  mercury and other hazardous substances
    19  will be handled for collection through final disposition; the use of any
    20  third party organizations that may conduct all or part of the collection
    21  and recycling program, and the specific responsibilities  of  each  such
    22  organization; and an education and outreach program.
    23    Collection methods may include, but are not limited to, (i) individual
    24  product mail return and/or multiple collection containers and collection
    25  sites  located  at retailers, municipalities for collection at household
    26  hazardous waste collection  facilities,  or  household  hazardous  waste
    27  events;  (ii) the distribution of containers for mercury-containing lamp
    28  collection; and (iii) criteria to ensure that the capture rate  of  out-
    29  of-service mercury-containing lamps is maximized.
    30    (b) Not later than December first, two thousand nineteen, producers of
    31  mercury-containing lamps shall implement the collection program outlined
    32  in their plan.
    33    (c)  Beginning June first, two thousand twenty, and annually thereaft-
    34  er, each producer of mercury-containing lamps shall submit a  report  to
    35  the department that includes, at a minimum, the following information:
    36    (i)  the  number of mercury-containing lamps collected and recycled by
    37  the producer during the previous calendar year;
    38    (ii) the estimated total amount  of  mercury  contained  in  the  lamp
    39  components collected by that producer in the previous calendar year;
    40    (iii)  an evaluation of the effectiveness of the producer's collection
    41  program and any financial incentives; and
    42    (iv) an accounting of the administrative costs incurred in the  course
    43  of  administering the collection and recycling program and any financial
    44  incentive plan.
    45    3. Department responsibilities. (a) Within ninety days of receipt of a
    46  complete producer plan required by subdivision two of this section,  the
    47  department  shall  review  such  plan  and approve, deny or approve with
    48  modifications each plan submitted. The department shall  not  approve  a
    49  plan  unless  all  elements  of  subdivision  two  of  this  section are
    50  adequately addressed. In reviewing a plan, the department  may  consider
    51  the consistency of the plan with collection in other states and consider
    52  consistency  between  producer programs. In reviewing plans, the depart-
    53  ment shall ensure that education and outreach programs are  uniform  and
    54  consistent to ensure ease of implementation.
        A. 1523                             3
     1    (b)  The  department  shall maintain and post on its website a list of
     2  entities and locations that serve as collection points for  mercury-con-
     3  taining lamps.
     4    (c)  In  conjunction with the educational and outreach programs imple-
     5  mented by  producers,  the  department  may  conduct  an  education  and
     6  outreach  program  directed  at  retailers and homeowners to promote the
     7  collection of discarded mercury-containing lamps.
     8    (d) By December first, two thousand twenty, and  annually  thereafter,
     9  the  department  shall  post  a  report  on  its  website  detailing the
    10  collection and recycling of mercury-containing lamps in the state.  Such
    11  report   shall  include  an  evaluation  of  the  effectiveness  of  the
    12  collection and recycling programs, and information on actual  collection
    13  rates.
    14    §  3.  This  act  shall take effect immediately, provided however that
    15  section one of this act shall take effect January 1, 2019.