Bill Text: NY S07181 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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) 2012-06-14 - PRINT NUMBER 7181A [S07181 Detail]

Download: New_York-2011-S07181-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7181
                                   I N  S E N A T E
                                      May 1, 2012
                                      ___________
       Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
         printed to be committed 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  S 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    S 2. The environmental conservation law is amended  by  adding  a  new
   24  section 27-2119 to read as follows:
   25  S 27-2119. MERCURY LAMP COLLECTION PROGRAM.
   26    1. DEFINITIONS. "PRODUCER" MEANS A PERSON THAT:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10056-03-2
       S. 7181                             2
    1    (A) HAS OR HAD LEGAL OWNERSHIP OF THE BRAND, BRAND NAME OR CO-BRAND OF
    2  A MERCURY-CONTAINING LAMP SOLD IN OR INTO THIS STATE;
    3    (B) IMPORTS OR HAS IMPORTED MERCURY-CONTAINING LAMPS; OR
    4    (C) MAKES OR MADE AN UNBRANDED MERCURY-CONTAINING LAMP THAT IS SOLD OR
    5  HAS BEEN SOLD IN OR INTO THIS STATE.
    6    2. PRODUCER RESPONSIBILITIES. (A) EVERY PRODUCER OF MERCURY-CONTAINING
    7  LAMPS  SOLD  IN  OR INTO THIS STATE SHALL, INDIVIDUALLY OR COLLECTIVELY,
    8  AND NOT LATER THAN JUNE FIRST, TWO THOUSAND THIRTEEN, SUBMIT A  PLAN  TO
    9  THE  DEPARTMENT  FOR  APPROVAL  THAT  DESCRIBES A COLLECTION PROGRAM FOR
   10  OUT-OF-SERVICE MERCURY-CONTAINING LAMPS. THE  COLLECTION  PROGRAM  SHALL
   11  NOT  INVOLVE  ANY  DIRECT  COST  TO  HOUSEHOLDS  OR SMALL BUSINESSES FOR
   12  PARTICIPATING IN THE PROGRAM. THE COLLECTION PROGRAM SHALL AT A  MINIMUM
   13  INCLUDE:  THE  IDENTITY  OF  COLLECTION,  TRANSPORTATION  AND PROCESSING
   14  SERVICE PROVIDERS, INCLUDING CONSIDERATION GIVEN TO EXISTING RESIDENTIAL
   15  CURBSIDE COLLECTION INFRASTRUCTURE AND MAILBACK SYSTEMS AS AN  APPROPRI-
   16  ATE  COLLECTION  MECHANISM;  HOW  MERCURY AND OTHER HAZARDOUS SUBSTANCES
   17  WILL BE HANDLED FOR COLLECTION THROUGH FINAL DISPOSITION; THE USE OF ANY
   18  THIRD PARTY ORGANIZATIONS THAT MAY CONDUCT ALL OR PART OF THE COLLECTION
   19  AND RECYCLING PROGRAM, AND THE SPECIFIC RESPONSIBILITIES  OF  EACH  SUCH
   20  ORGANIZATION; AND AN EDUCATION AND OUTREACH PROGRAM.
   21    COLLECTION METHODS MAY INCLUDE, BUT ARE NOT LIMITED TO, (I) INDIVIDUAL
   22  PRODUCT MAIL RETURN AND/OR MULTIPLE COLLECTION CONTAINERS AND COLLECTION
   23  SITES  LOCATED  AT RETAILERS, MUNICIPALITIES FOR COLLECTION AT HOUSEHOLD
   24  HAZARDOUS WASTE COLLECTION  FACILITIES,  OR  HOUSEHOLD  HAZARDOUS  WASTE
   25  EVENTS;  (II) THE DISTRIBUTION OF CONTAINERS FOR MERCURY-CONTAINING LAMP
   26  COLLECTION; AND (III) CRITERIA  TO  ENSURE  THAT  THE  CAPTURE  RATE  OF
   27  OUT-OF-SERVICE MERCURY-CONTAINING LAMPS IS MAXIMIZED.
   28    (B) NOT LATER THAN DECEMBER FIRST, TWO THOUSAND THIRTEEN, PRODUCERS OF
   29  MERCURY-CONTAINING LAMPS SHALL IMPLEMENT THE COLLECTION PROGRAM OUTLINED
   30  IN THEIR PLAN.
   31    (C)  BEGINNING  JUNE FIRST, TWO THOUSAND FOURTEEN, AND ANNUALLY THERE-
   32  AFTER, EACH PRODUCER OF MERCURY-CONTAINING LAMPS SHALL SUBMIT  A  REPORT
   33  TO  THE  DEPARTMENT  THAT INCLUDES, AT A MINIMUM, THE FOLLOWING INFORMA-
   34  TION:
   35    (I) THE NUMBER OF MERCURY-CONTAINING LAMPS COLLECTED AND  RECYCLED  BY
   36  THE PRODUCER DURING THE PREVIOUS CALENDAR YEAR;
   37    (II)  THE  ESTIMATED  TOTAL  AMOUNT  OF  MERCURY CONTAINED IN THE LAMP
   38  COMPONENTS COLLECTED BY THAT PRODUCER IN THE PREVIOUS CALENDAR YEAR;
   39    (III) AN EVALUATION OF THE EFFECTIVENESS OF THE PRODUCER'S  COLLECTION
   40  PROGRAM AND ANY FINANCIAL INCENTIVES; AND
   41    (IV)  AN ACCOUNTING OF THE ADMINISTRATIVE COSTS INCURRED IN THE COURSE
   42  OF ADMINISTERING THE COLLECTION AND RECYCLING PROGRAM AND ANY  FINANCIAL
   43  INCENTIVE PLAN.
   44    3. DEPARTMENT RESPONSIBILITIES. (A) WITHIN NINETY DAYS OF RECEIPT OF A
   45  COMPLETE  PRODUCER PLAN REQUIRED BY SUBDIVISION TWO OF THIS SECTION, THE
   46  DEPARTMENT SHALL REVIEW SUCH PLAN AND  APPROVE,  DENY  OR  APPROVE  WITH
   47  MODIFICATIONS  EACH  PLAN  SUBMITTED. THE DEPARTMENT SHALL NOT APPROVE A
   48  PLAN UNLESS  ALL  ELEMENTS  OF  SUBDIVISION  TWO  OF  THIS  SECTION  ARE
   49  ADEQUATELY  ADDRESSED.  IN REVIEWING A PLAN, THE DEPARTMENT MAY CONSIDER
   50  THE CONSISTENCY OF THE PLAN WITH COLLECTION IN OTHER STATES AND CONSIDER
   51  CONSISTENCY BETWEEN PRODUCER PROGRAMS. IN REVIEWING PLANS,  THE  DEPART-
   52  MENT  SHALL  ENSURE THAT EDUCATION AND OUTREACH PROGRAMS ARE UNIFORM AND
   53  CONSISTENT TO ENSURE EASE OF IMPLEMENTATION.
   54    (B) THE DEPARTMENT SHALL MAINTAIN AND POST ON ITS WEBSITE  A  LIST  OF
   55  ENTITIES  AND LOCATIONS THAT SERVE AS COLLECTION POINTS FOR MERCURY-CON-
   56  TAINING LAMPS.
       S. 7181                             3
    1    (C) IN CONJUNCTION WITH THE EDUCATIONAL AND OUTREACH  PROGRAMS  IMPLE-
    2  MENTED  BY  PRODUCERS,  THE  DEPARTMENT  MAY  CONDUCT  AN  EDUCATION AND
    3  OUTREACH PROGRAM DIRECTED AT RETAILERS AND  HOMEOWNERS  TO  PROMOTE  THE
    4  COLLECTION OF DISCARDED MERCURY-CONTAINING LAMPS.
    5    (D) BY DECEMBER FIRST, TWO THOUSAND FOURTEEN, AND ANNUALLY THEREAFTER,
    6  THE  DEPARTMENT  SHALL  POST  A  REPORT  ON  ITS  WEBSITE  DETAILING THE
    7  COLLECTION AND RECYCLING OF MERCURY-CONTAINING LAMPS IN THE STATE.  SUCH
    8  REPORT   SHALL  INCLUDE  AN  EVALUATION  OF  THE  EFFECTIVENESS  OF  THE
    9  COLLECTION AND RECYCLING PROGRAMS, AND INFORMATION ON ACTUAL  COLLECTION
   10  RATES.
   11    S  3.  This  act  shall take effect immediately, provided however that
   12  section one of this act shall take effect January 1, 2013.