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.