Bill Text: NY A09143 | 2013-2014 | General Assembly | Amended
Bill Title: Prohibits mercury-added rotational balancing products.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Engrossed - Dead) 2014-06-17 - REFERRED TO RULES [A09143 Detail]
Download: New_York-2013-A09143-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
9143--A
I N A S S E M B L Y
March 20, 2014
___________
Introduced by M. of A. ROSENTHAL, CRESPO, ENGLEBRIGHT -- Multi-Sponsored
by -- M. of A. BUCHWALD, THIELE -- read once and referred to the
Committee on Environmental Conservation -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the environmental conservation law, in relation to
prohibiting mercury-added rotational balancing products
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivisions 9 and 10 of section 27-2107 of the environ-
2 mental conservation law, subdivision 9 as added by chapter 676 of the
3 laws of 2005 and subdivision 10 as added by chapter 20 of the laws of
4 2011, are amended to read as follows:
5 9. NO LATER THAN APRIL FIRST, TWO THOUSAND SIXTEEN, THE DEPARTMENT
6 SHALL PROMULGATE REGULATIONS TO PROHIBIT THE SALE, OFFER FOR SALE, OR
7 DISTRIBUTION OF MERCURY-ADDED ROTATIONAL BALANCING PRODUCTS FOR USE ON
8 ANY OF THE FOLLOWING DEVICES FOR WHICH A MERCURY-FREE ALTERNATIVE IS
9 AVAILABLE: ROTATING DEVICES, WHEELS, CLUTCHES, FLY WHEELS, ENGINES,
10 FANS, MOTORS, PUMPS, CRANK SHAFTS, AND DRIVE SHAFTS.
11 10. The provisions of subdivisions five, six, seven, [and] eight, AND
12 NINE of this section shall not apply to the sale or distribution of any
13 mercury-added consumer product delineated in those subdivisions if the
14 use of such product is a federal requirement. The department shall
15 develop informational materials on the dangers of mercury-added consumer
16 products, specifically thermometers and barometers, and disseminate such
17 materials to antique dealers and resale establishments.
18 [10.] 11. The department may grant a waiver from the provisions of
19 subdivision eight of this section upon request by the manufacturer of a
20 mercury-added consumer product.
21 (a) An application for a waiver shall be in the form prescribed by the
22 department and document the basis for the requested waiver or renewal of
23 a waiver and describe how the manufacturer will ensure that a system
24 exists for the proper collection, transportation and processing of the
25 mercury-added consumer products at the end of their useful life.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13937-03-4
A. 9143--A 2
1 (b) The application must include at a minimum, information that demon-
2 strates:
3 (i) there are no non-mercury alternatives that are comparable in price
4 to, are as effective in performance as, or are as accurate and precise
5 as the identified mercury-added consumer product;
6 (ii) the use of the mercury-added consumer product provides a net
7 benefit to the environment, public health, or public safety when
8 compared to a non-mercury alternative; or
9 (iii) there are other factors affecting the use of non-mercury alter-
10 natives.
11 (c) The manufacturer must notify the regional multi-state clearing-
12 house, as identified in section 27-2115 of this title, of its request
13 for a waiver pursuant to this subdivision and provide the clearinghouse
14 with the information required in its waiver application.
15 (d) The department may grant or deny, in whole or in part, a request
16 for a waiver. In determining whether to grant or deny a waiver or waiver
17 renewal, the department may consult with the clearinghouse, other
18 states, or regional governmental organizations to promote consistency in
19 the implementation of this subdivision.
20 (e) Waivers shall be granted for a period not to exceed two years.
21 Upon a request by the manufacturer, the department may renew a waiver
22 for a period not to exceed two years if the department finds that the
23 manufacturer continues to meet the requirements for a waiver, that the
24 manufacturer has complied with all conditions of the original waiver,
25 and the manufacturer demonstrates that reasonable efforts have been made
26 to remove mercury from the product subject to the waiver.
27 S 2. Section 37-0113 of the environmental conservation law, as added
28 by chapter 494 of the laws of 2010, is amended to read as follows:
29 S 37-0113. Lead AND MERCURY-ADDED wheel [weight] WEIGHTS; prohibited.
30 1. On and after April first, two thousand eleven any person replacing
31 or balancing a tire on a motor vehicle required to be registered under
32 article fourteen of title four of the vehicle and traffic law, shall not
33 use a wheel weight or other product for balancing motor vehicle wheels
34 if the weight or other balancing product contains more than 0.1 percent
35 lead by weight.
36 2. On and after April first, two thousand eleven, a person shall not
37 sell or offer to sell or distribute weights or other products for
38 balancing motor vehicle wheels if the weight or other balancing product
39 contains more than 0.1 percent lead by weight.
40 3. On and after April first, two thousand twelve, a person may not
41 sell a new motor vehicle that is equipped with a weight or other product
42 for balancing motor vehicle wheels if the weight or other balancing
43 product contains more than 0.1 percent lead by weight.
44 4. ON AND AFTER APRIL FIRST, TWO THOUSAND FIFTEEN, ANY PERSON REPLAC-
45 ING OR BALANCING A TIRE ON A MOTOR VEHICLE REQUIRED TO BE REGISTERED
46 UNDER ARTICLE FOURTEEN OF TITLE FOUR OF THE VEHICLE AND TRAFFIC LAW,
47 SHALL NOT USE A WHEEL WEIGHT OR OTHER PRODUCT FOR BALANCING MOTOR VEHI-
48 CLE WHEELS IF THE WEIGHT OR OTHER BALANCING PRODUCT CONTAINS MERCURY
49 THAT WAS INTENTIONALLY ADDED DURING THE MANUFACTURE OF THE PRODUCT.
50 5. ON AND AFTER APRIL FIRST, TWO THOUSAND FIFTEEN, A PERSON SHALL NOT
51 SELL OR OFFER TO SELL OR DISTRIBUTE WEIGHTS OR OTHER PRODUCTS FOR
52 BALANCING MOTOR VEHICLE WHEELS IF THE WEIGHT OR OTHER BALANCING PRODUCT
53 CONTAINS MERCURY THAT WAS INTENTIONALLY ADDED DURING THE MANUFACTURE OF
54 THE PRODUCT.
55 6. For purposes of this section, the following terms shall have the
56 following meanings:
A. 9143--A 3
1 a. "New motor vehicle" means a motor vehicle that is required to be
2 registered under article fourteen of title four of the vehicle and traf-
3 fic law that has not been previously sold to any person except a
4 distributor, wholesaler or motor vehicle dealer for resale.
5 b. "Person" means any individual, firm, association, partnership,
6 corporation, organization, or joint venture.
7 S 3. This act shall take effect immediately.
