Bill Text: NY A02501 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the reduction of mercury in mercury-added lamps.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Engrossed) 2019-02-27 - REFERRED TO ENVIRONMENTAL CONSERVATION [A02501 Detail]

Download: New_York-2019-A02501-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2501
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 23, 2019
                                       ___________
        Introduced by M. of A. ENGLEBRIGHT, THIELE, COLTON, GALEF, L. ROSENTHAL,
          FAHY,  ABINANTI,  OTIS,  PICHARDO,  GOTTFRIED,  GLICK -- read once and
          referred 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:
     1    Section 1.  Section 27-2101 of the environmental conservation  law  is
     2  amended  by  adding five new subdivisions 30, 31, 32, 33, and 34 to read
     3  as follows:
     4    30. "Mercury-added lamp" means an electric lamp to  which  mercury  or
     5  mercury compounds are intentionally added during the manufacturing proc-
     6  ess,  including, but not limited to, compact fluorescent lamps, fluores-
     7  cent lamps and tubular fluorescent lamps with normal or long lifetime.
     8    31. "Producer of mercury-added lamps" means any person who:
     9    (a) manufactures and sells mercury-added lamps under its own brand;
    10    (b) resells under its own brand equipment produced by other suppliers,
    11  a reseller not being regarded as the producer of mercury-added lamps  if
    12  the  brand  of the producer of mercury-added lamps appears on the equip-
    13  ment, as provided for in paragraph (a) of this subdivision; or
    14    (c) serves as the importer or domestic distributor of a  mercury-added
    15  lamp if the brand name owner is located outside of the United States.
    16    32. "General purpose lights" means lamps, bulbs, tubes, or other elec-
    17  tric  devices  that  provide functional illumination for indoor residen-
    18  tial, indoor commercial, and outdoor use. General purpose  lights  shall
    19  not include special purpose lights.
    20    33.  "Special  purpose lights" means the following specialty lighting:
    21  appliance, black light, germicidal, bug,  colored,  infrared,  left-hand
    22  thread,  marine,  marine's  signal  service,  mine service, plant light,
    23  reflector, reprographic, rough service, shatter-resistant, cold  temper-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07150-02-9

        A. 2501                             2
     1  ature,  sign  service, silver bowl, showcase, three-way, traffic signal,
     2  and vibration service.
     3    34.  "Long  lifetime"  means more than twenty-four thousand hours when
     4  tested on a T8 instant start ballast, a T12 rapid start ballast, or a T5
     5  programmed start ballast, and  turned  on  and  off  every  three  hours
     6  ("three hour starts").
     7    §  2. Section 27-2107 of the environmental conservation law is amended
     8  by adding two new subdivisions 11 and 12 to read as follows:
     9    11. On and after January first, two thousand twenty-one,  no  producer
    10  of  mercury-added  lamps  shall sell, offer for sale, or distribute such
    11  lamps that fail to meet mercury content standards adopted by the depart-
    12  ment, and for the following  general  purpose  lights,  mercury  content
    13  shall be no higher than:
    14    (a)  2.5  milligrams  for  compact  fluorescent lamps less than thirty
    15  watts;
    16    (b) 3.5 milligrams for straight fluorescent T8  lamps  with  a  normal
    17  lifetime  (excluding  8-foot  models)  and  3.0  milligrams for straight
    18  fluorescent T5 lamps with a normal lifetime;
    19    (c) 5.0 milligrams for straight fluorescent T8 and  T5  lamps  with  a
    20  long lifetime;
    21    (d)  15.0  milligrams for non-linear fluorescent T8, T5, and T12 lamps
    22  and 8-foot linear fluorescent lamps (excluding very high output models);
    23    12. On or  before  December  thirty-first,  two  thousand  twenty-one,
    24  mercury  content  standards  established in accordance with this section
    25  shall not apply to special purpose lights.
    26    § 3. Subdivision 1 of section 71-2724 of the  environmental  conserva-
    27  tion  law,  as  added  by chapter 145 of the laws of 2004, is amended to
    28  read as follows:
    29    1. Any person who knowingly or intentionally violates any provision of
    30  or fails to perform any duty pursuant to  title  twenty-one  of  article
    31  twenty-seven  of this chapter, except subdivision one of section 27-2105
    32  and subdivision eleven of section 27-2107 of this  chapter,  shall  upon
    33  the  first finding of such a violation be liable for a civil penalty not
    34  to exceed one hundred dollars. Any  person  convicted  of  a  second  or
    35  subsequent  violation  shall be liable for a civil penalty not to exceed
    36  five hundred dollars for each violation.
    37    § 4. Subdivision 2 of section 71-2724 of the  environmental  conserva-
    38  tion  law,  as  added  by chapter 145 of the laws of 2004, is amended to
    39  read as follows:
    40    2. Any person who knowingly or  intentionally  violates  or  fails  to
    41  perform any duty imposed by subdivision one of section 27-2105 or subdi-
    42  vision  eleven  of  section 27-2107 of this chapter shall upon the first
    43  finding of such a  violation  be  provided  with  educational  materials
    44  describing  the  requirements  for  mercury  disposal and the effects of
    45  improper mercury disposal, and be warned that  future  violations  shall
    46  result  in  the  imposition  of a fine. Any person convicted of a second
    47  violation shall be liable for  a  civil  penalty  not  to  exceed  fifty
    48  dollars. Any person convicted of a third violation shall be liable for a
    49  civil  penalty  not to exceed seventy-five dollars. Any person convicted
    50  of a fourth or subsequent violation shall be liable for a civil  penalty
    51  not to exceed one hundred dollars for each violation.
    52    §  5.  This act shall take effect immediately.  Effective immediately,
    53  the addition, amendment and/or repeal of any rule or  regulation  neces-
    54  sary  for  the  implementation  of  this  act  on its effective date are
    55  authorized to be made and completed on or before such date.
feedback