Bill Text: NY A04203 | 2013-2014 | General Assembly | Introduced
Bill Title: Establishes the lighting efficiency and toxics reduction act.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2014-01-08 - referred to environmental conservation [A04203 Detail]
Download: New_York-2013-A04203-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4203
2013-2014 Regular Sessions
I N A S S E M B L Y
February 1, 2013
___________
Introduced by M. of A. CAMARA, BROOK-KRASNY, COLTON, CLARK -- read once
and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
establishing the lighting efficiency and toxics reduction act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The environmental conservation law is amended by adding a
2 new article 50 to read as follows:
3 ARTICLE 50
4 LIGHTING EFFICIENCY AND TOXICS REDUCTION ACT
5 SECTION 50-0101. SHORT TITLE.
6 50-0103. LEGISLATIVE FINDINGS.
7 50-0105. REDUCTION IN THE USE OF TOXIC MATERIALS.
8 50-0107. DEFINITIONS.
9 50-0109. RESPONSIBILITIES OF MANUFACTURERS.
10 50-0111. STATEWIDE ELECTRICAL ENERGY CONSUMPTION LIMIT FOR
11 LIGHTING.
12 50-0113. REDUCTION IN STATEWIDE ELECTRICAL ENERGY CONSUMPTION
13 FOR LIGHTING.
14 S 50-0101. SHORT TITLE.
15 THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "LIGHTING EFFI-
16 CIENCY AND TOXICS REDUCTION ACT".
17 S 50-0103. LEGISLATIVE FINDINGS.
18 THE LEGISLATURE FINDS AND DECLARES ALL OF THE FOLLOWING:
19 1. MANY EXISTING LIGHTING CHOICES CONTAIN TOXIC MATERIALS. MOST
20 FLUORESCENT LIGHTING PRODUCTS CONTAIN HAZARDOUS LEVELS OF MERCURY. MOST
21 INCANDESCENT LIGHTING PRODUCTS CONTAIN HAZARDOUS LEVELS OF LEAD. NEW
22 YORK STATE PROHIBITS DISPOSING OF HAZARDOUS LIGHTING PRODUCTS IN THE
23 SOLID WASTE STREAM. THE HAZARDOUS MATERIAL IN THESE PRODUCTS CAN BE
24 MANAGED THROUGH RECYCLING, BUT CURRENT RECYCLING OPPORTUNITIES AND
25 LEVELS ARE VIRTUALLY NONEXISTENT FOR MOST CONSUMERS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07424-01-3
A. 4203 2
1 2. FLUORESCENT LIGHTING PRODUCTS DELIVERING THE SAME LEVEL OF LIGHT AT
2 THE SAME LEVEL OF EFFICIENCY CAN HAVE WIDELY VARYING LEVELS OF MERCURY.
3 S 50-0105. REDUCTION IN THE USE OF TOXIC MATERIALS.
4 THE DEPARTMENT SHALL, AFTER ONE OR MORE PUBLIC HEARINGS, DO ALL OF THE
5 FOLLOWING, IN ORDER TO REDUCE THE USE OF TOXIC MATERIALS IN GENERAL
6 PURPOSE LIGHTS SOLD IN THIS STATE:
7 1. PRESCRIBE, BY REGULATION, A SCHEDULE FOR REDUCING THE MAXIMUM
8 LEVELS OF MERCURY PER LUMEN HOUR IN GENERAL PURPOSE LIGHTS SOLD OR
9 AVAILABLE FOR SALE IN THIS STATE.
10 2. PRESCRIBE, BY REGULATION, A SCHEDULE FOR REDUCING THE MAXIMUM
11 LEVELS OF LEAD IN GENERAL PURPOSE LIGHTS SOLD OR OFFERED FOR SALE IN
12 THIS STATE.
13 S 50-0107. DEFINITIONS.
14 1. FOR PURPOSES OF THIS ARTICLE, "GENERAL PURPOSE LIGHTS" MEANS LAMPS,
15 BULBS, TUBES OR OTHER DEVICES THAT PROVIDE FUNCTIONAL ILLUMINATION FOR
16 INDOOR RESIDENTIAL, INDOOR COMMERCIAL AND OUTDOOR USE.
17 2. GENERAL PURPOSE LIGHTS DO NOT INCLUDE ANY OF THE FOLLOWING SPECIAL-
18 TY LIGHTING: APPLIANCE, BLACK LIGHT, BUG, COLORED, INFRARED, LEFT HAND
19 THREAD, MARINE, SIGNAL SERVICE, MINE SERVICE, PLANT LIGHT, REFLECTOR,
20 ROUGH SERVICE, SHATTER RESISTANT, SIGN SERVICE, SILVER BOWL, SHOWCASE,
21 THREE-WAY TRAFFIC SIGNAL, AND VIBRATION SERVICE OR VIBRATION RESISTANT.
22 3. GENERAL PURPOSE LIGHTS DO NOT INCLUDE LIGHTS NEEDED TO PROVIDE
23 SPECIAL NEEDS LIGHTING FOR INDIVIDUALS WITH EXCEPTIONAL NEEDS.
24 4. FOR PURPOSES OF THIS ARTICLE, "HAZARDOUS MATERIAL" MEANS ANY MATE-
25 RIAL THAT, BECAUSE OF ITS QUANTITY, CONCENTRATION, OR PHYSICAL OR CHEMI-
26 CAL CHARACTERISTICS, POSES A SIGNIFICANT PRESENT OR POTENTIAL HAZARD TO
27 HUMAN HEALTH AND SAFETY OR TO THE ENVIRONMENT IF RELEASED INTO THE WORK-
28 PLACE OR THE ENVIRONMENT. "HAZARDOUS MATERIALS" INCLUDE, BUT ARE NOT
29 LIMITED TO, HAZARDOUS SUBSTANCES, HAZARDOUS WASTE AND ANY MATERIAL THAT
30 A HANDLER OR THE ADMINISTERING AGENCY HAS A REASONABLE BASIS FOR BELIEV-
31 ING THAT IT WOULD BE INJURIOUS TO THE HEALTH AND SAFETY OF PERSONS OR
32 HARMFUL TO THE ENVIRONMENT IF RELEASED INTO THE WORKPLACE OR THE ENVI-
33 RONMENT.
34 S 50-0109. RESPONSIBILITIES OF MANUFACTURERS.
35 1. EVERY MANUFACTURER OF GENERAL PURPOSE LIGHTS SOLD IN THIS STATE
36 AND CONTAINING HAZARDOUS MATERIALS SHALL BE RESPONSIBLE FOR ALL OF THE
37 FOLLOWING:
38 (A) ON AND AFTER JULY FIRST, TWO THOUSAND SIXTEEN, ENSURING THAT A
39 SYSTEM IS IN PLACE TO PROVIDE FOR THE COLLECTION AND RECYCLING OF ANY
40 END-OF-LIFE GENERAL PURPOSE LIGHTS GENERATED IN THIS STATE; AND
41 (B) ON OR BEFORE JULY FIRST, TWO THOUSAND FIFTEEN, SUBMITTING A PLAN
42 TO THE DEPARTMENT FOR THE COLLECTION, RECYCLING, AND PROPER MANAGEMENT
43 OF END-OF-LIFE GENERAL PURPOSE LIGHTS GENERATED IN THIS STATE.
44 2. THE PLAN AT A MINIMUM SHALL INCLUDE ALL OF THE FOLLOWING:
45 (A) THE METHODS TO BE USED BY THE MANUFACTURER TO COLLECT AND PROPERLY
46 MANAGE THE DEVICES GENERATED IN THIS STATE;
47 (B) THE NUMBER AND FREQUENCY OF COLLECTION OPPORTUNITIES;
48 (C) THE METHODS TO BE USED TO EDUCATE CONSUMERS ABOUT THE OPPORTU-
49 NITIES PRESENTED IN THE PLAN; AND
50 (D) THE FUNDING MECHANISMS TO BE USED BY THE MANUFACTURER TO ACCOM-
51 PLISH THE PLAN.
52 S 50-0111. STATEWIDE ELECTRICAL ENERGY CONSUMPTION LIMIT FOR LIGHTING.
53 1. ON OR BEFORE JULY FIRST, TWO THOUSAND FIFTEEN, THE DEPARTMENT,
54 AFTER ONE OR MORE PUBLIC WORKSHOPS, WITH PUBLIC NOTICE AND AN OPPORTU-
55 NITY FOR ALL INTERESTED PARTIES TO COMMENT, SHALL DETERMINE THE AMOUNT
56 OF STATEWIDE ELECTRICAL ENERGY CONSUMPTION USED FOR LIGHTING IN TWO
A. 4203 3
1 THOUSAND FOURTEEN, AND SHALL APPROVE, IN A PUBLIC HEARING, A STATEWIDE
2 ELECTRICAL ENERGY CONSUMPTION LIMIT FOR LIGHTING, TO BE ACHIEVED BY TWO
3 THOUSAND TWENTY-FOUR, THAT IS EQUIVALENT TO FIFTY PERCENT OF TWO THOU-
4 SAND FOURTEEN USE LEVELS FOR INDOOR RESIDENTIAL LIGHTING AND
5 SEVENTY-FIVE PERCENT OF TWO THOUSAND FOURTEEN USE LEVELS FOR INDOOR
6 COMMERCIAL AND OUTDOOR USE LIGHTING.
7 2. THE STATEWIDE ELECTRICAL ENERGY CONSUMPTION LIMIT FOR LIGHTING
8 SHALL REMAIN IN EFFECT UNLESS OTHERWISE AMENDED OR REPEALED.
9 3. IT IS THE INTENT OF THE LEGISLATURE THAT THE STATEWIDE ELECTRICAL
10 ENERGY CONSUMPTION LIMIT FOR LIGHTING CONTINUE TO OPERATE AND BE USED TO
11 MAINTAIN AND CONTINUE REDUCTIONS IN ENERGY CONSUMPTION FOR LIGHTING
12 BEYOND TWO THOUSAND TWENTY-FOUR.
13 4. THE DEPARTMENT SHALL MAKE RECOMMENDATIONS TO THE GOVERNOR AND THE
14 LEGISLATURE REGARDING HOW TO CONTINUE REDUCTIONS IN ELECTRICAL ENERGY
15 CONSUMPTION FOR LIGHTING BEYOND TWO THOUSAND TWENTY-FOUR.
16 S 50-0113. REDUCTION IN STATEWIDE ELECTRICAL ENERGY CONSUMPTION FOR
17 LIGHTING.
18 1. THE DEPARTMENT SHALL, AFTER ONE OR MORE PUBLIC HEARINGS, DO ALL THE
19 FOLLOWING, IN ORDER TO REDUCE THE WASTEFUL, UNECONOMIC, INEFFICIENT OR
20 UNNECESSARY CONSUMPTION OF ENERGY FOR LIGHTING BY TWO THOUSAND
21 TWENTY-FOUR:
22 (A) DEVELOP AND IMPLEMENT A STATEWIDE STRATEGY FOR REDUCING ENERGY
23 CONSUMPTION FOR INDOOR RESIDENTIAL LIGHTING BY FIFTY PERCENT;
24 (B) DEVELOP AND IMPLEMENT A STATEWIDE STRATEGY FOR REDUCING ENERGY
25 CONSUMPTION FOR INDOOR COMMERCIAL AND OUTDOOR USE LIGHTING BY
26 TWENTY-FIVE PERCENT;
27 (C) ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, ESTAB-
28 LISH A SCHEDULE OF MINIMUM ENERGY EFFICIENCY STANDARDS FOR ALL GENERAL
29 PURPOSE LIGHTS; AND
30 (D) ESTABLISH PROGRAMS AND INCENTIVES TO ENCOURAGE THE SALE IN THIS
31 STATE OF GENERAL PURPOSE LIGHTS THAT MEET OR EXCEED THE STANDARDS SET IN
32 SUBDIVISION THREE OF THIS SECTION.
33 2. THE OFFICE OF GENERAL SERVICES, IN COORDINATION WITH THE DEPART-
34 MENT, SHALL END THE PURCHASE OF GENERAL PURPOSE LIGHTS IN STATE FACILI-
35 TIES THAT DO NOT MEET THE STANDARDS ADOPTED PURSUANT TO PARAGRAPH (C) OF
36 SUBDIVISION ONE OF THIS SECTION WITHIN TWO YEARS OF THE STANDARDS BEING
37 ADOPTED.
38 S 2. This act shall take effect immediately.
