Bill Text: NY S07456 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to the reduction of mercury in mercury-added lamps.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-05-15 - REFERRED TO ENVIRONMENTAL CONSERVATION [S07456 Detail]
Download: New_York-2013-S07456-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7456
I N S E N A T E
May 15, 2014
___________
Introduced by Sen. SANDERS -- 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 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-
24 ATURE, SIGN SERVICE, SILVER BOWL, SHOWCASE, THREE-WAY, TRAFFIC SIGNAL,
25 AND VIBRATION SERVICE.
26 34. "LONG LIFETIME" MEANS MORE THAN TWENTY-FOUR THOUSAND HOURS WHEN
27 TESTED ON A T8 INSTANT START BALLAST, A T12 RAPID START BALLAST, OR A T5
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02320-05-4
S. 7456 2
1 PROGRAMMED START BALLAST, AND TURNED ON AND OFF EVERY THREE HOURS
2 ("THREE HOUR STARTS").
3 S 2. Section 27-2107 of the environmental conservation law is amended
4 by adding two new subdivisions 11 and 12 to read as follows:
5 11. ON AND AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, NO PRODUCER OF
6 MERCURY-ADDED LAMPS SHALL SELL, OFFER FOR SALE, OR DISTRIBUTE SUCH LAMPS
7 THAT FAIL TO MEET MERCURY CONTENT STANDARDS ADOPTED BY THE DEPARTMENT,
8 AND FOR THE FOLLOWING GENERAL PURPOSE LIGHTS, MERCURY CONTENT SHALL BE
9 NO HIGHER THAN:
10 (A) 2.5 MILLIGRAMS FOR COMPACT FLUORESCENT LAMPS LESS THAN THIRTY
11 WATTS;
12 (B) 3.5 MILLIGRAMS FOR STRAIGHT FLUORESCENT T8 LAMPS WITH A NORMAL
13 LIFETIME (EXCLUDING 8-FOOT MODELS) AND 3.0 MILLIGRAMS FOR STRAIGHT
14 FLUORESCENT T5 LAMPS WITH A NORMAL LIFETIME;
15 (C) 5.0 MILLIGRAMS FOR STRAIGHT FLUORESCENT T8 AND T5 LAMPS WITH A
16 LONG LIFETIME;
17 (D) 15.0 MILLIGRAMS FOR NON-LINEAR FLUORESCENT T8, T5, AND T12 LAMPS
18 AND 8-FOOT LINEAR FLUORESCENT LAMPS (EXCLUDING VERY HIGH OUTPUT MODELS);
19 12. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, MERCURY
20 CONTENT STANDARDS ESTABLISHED IN ACCORDANCE WITH THIS SECTION SHALL NOT
21 APPLY TO SPECIAL PURPOSE LIGHTS.
22 S 3. Subdivision 1 of section 71-2724 of the environmental conserva-
23 tion law, as added by chapter 145 of the laws of 2004, is amended to
24 read as follows:
25 1. Any person who knowingly or intentionally violates any provision of
26 or fails to perform any duty pursuant to title twenty-one of article
27 twenty-seven of this chapter, except subdivision one of section 27-2105
28 AND SUBDIVISION ELEVEN OF SECTION 27-2107 of this chapter, shall upon
29 the first finding of such a violation be liable for a civil penalty not
30 to exceed one hundred dollars. Any person convicted of a second or
31 subsequent violation shall be liable for a civil penalty not to exceed
32 five hundred dollars for each violation.
33 S 4. Subdivision 2 of section 71-2724 of the environmental conserva-
34 tion law, as added by chapter 145 of the laws of 2004, is amended to
35 read as follows:
36 2. Any person who knowingly or intentionally violates or fails to
37 perform any duty imposed by subdivision one of section 27-2105 OR SUBDI-
38 VISION ELEVEN OF SECTION 27-2107 of this chapter shall upon the first
39 finding of such a violation be provided with educational materials
40 describing the requirements for mercury disposal and the effects of
41 improper mercury disposal, and be warned that future violations shall
42 result in the imposition of a fine. Any person convicted of a second
43 violation shall be liable for a civil penalty not to exceed fifty
44 dollars. Any person convicted of a third violation shall be liable for a
45 civil penalty not to exceed seventy-five dollars. Any person convicted
46 of a fourth or subsequent violation shall be liable for a civil penalty
47 not to exceed one hundred dollars for each violation.
48 S 5. This act shall take effect immediately. Effective immediately,
49 the department of environmental conservation shall promulgate any regu-
50 lations necessary to implement the provisions of this act.
