Bill Text: NY A02875 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the reduction of mercury in mercury-added lamps.
Spectrum: Partisan Bill (Democrat 26-0)
Status: (Engrossed - Dead) 2017-04-24 - REFERRED TO ENVIRONMENTAL CONSERVATION [A02875 Detail]
Download: New_York-2017-A02875-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2875 2017-2018 Regular Sessions IN ASSEMBLY January 23, 2017 ___________ Introduced by M. of A. KAVANAGH, COLTON, JAFFEE, ABINANTI, ROSENTHAL, OTIS, ROZIC, ORTIZ, ENGLEBRIGHT, FAHY, STIRPE, DINOWITZ, SKOUFIS, SANTABARBARA, MOSLEY, RODRIGUEZ, SEPULVEDA -- Multi-Sponsored by -- M. of A. GALEF, GLICK, PAULIN, THIELE, WALKER -- read once and referred 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, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00674-02-7A. 2875 2 1 reflector, reprographic, rough service, shatter-resistant, cold temper- 2 ature, sign service, silver bowl, showcase, three-way, traffic signal, 3 and vibration service. 4 34. "Long lifetime" means more than twenty-four thousand hours when 5 tested on a T8 instant start ballast, a T12 rapid start ballast, or a T5 6 programmed start ballast, and turned on and off every three hours 7 ("three hour starts"). 8 § 2. Section 27-2107 of the environmental conservation law is amended 9 by adding two new subdivisions 11 and 12 to read as follows: 10 11. On and after January first, two thousand eighteen, no producer of 11 mercury-added lamps shall sell, offer for sale, or distribute such lamps 12 that fail to meet mercury content standards adopted by the department, 13 and for the following general purpose lights, mercury content shall be 14 no higher than: 15 (a) 2.5 milligrams for compact fluorescent lamps less than thirty 16 watts; 17 (b) 3.5 milligrams for straight fluorescent T8 lamps with a normal 18 lifetime (excluding 8-foot models) and 3.0 milligrams for straight 19 fluorescent T5 lamps with a normal lifetime; 20 (c) 5.0 milligrams for straight fluorescent T8 and T5 lamps with a 21 long lifetime; 22 (d) 15.0 milligrams for non-linear fluorescent T8, T5, and T12 lamps 23 and 8-foot linear fluorescent lamps (excluding very high output models); 24 12. On or before December thirty-first, two thousand eighteen, mercury 25 content standards established in accordance with this section shall not 26 apply to special purpose lights. 27 § 3. Subdivision 1 of section 71-2724 of the environmental conserva- 28 tion law, as added by chapter 145 of the laws of 2004, is amended to 29 read as follows: 30 1. Any person who knowingly or intentionally violates any provision of 31 or fails to perform any duty pursuant to title twenty-one of article 32 twenty-seven of this chapter, except subdivision one of section 27-2105 33 and subdivision eleven of section 27-2107 of this chapter, shall upon 34 the first finding of such a violation be liable for a civil penalty not 35 to exceed one hundred dollars. Any person convicted of a second or 36 subsequent violation shall be liable for a civil penalty not to exceed 37 five hundred dollars for each violation. 38 § 4. Subdivision 2 of section 71-2724 of the environmental conserva- 39 tion law, as added by chapter 145 of the laws of 2004, is amended to 40 read as follows: 41 2. Any person who knowingly or intentionally violates or fails to 42 perform any duty imposed by subdivision one of section 27-2105 or subdi- 43 vision eleven of section 27-2107 of this chapter shall upon the first 44 finding of such a violation be provided with educational materials 45 describing the requirements for mercury disposal and the effects of 46 improper mercury disposal, and be warned that future violations shall 47 result in the imposition of a fine. Any person convicted of a second 48 violation shall be liable for a civil penalty not to exceed fifty 49 dollars. Any person convicted of a third violation shall be liable for a 50 civil penalty not to exceed seventy-five dollars. Any person convicted 51 of a fourth or subsequent violation shall be liable for a civil penalty 52 not to exceed one hundred dollars for each violation. 53 § 5. This act shall take effect immediately. Effective immediately, 54 the department of environmental conservation shall promulgate any regu- 55 lations necessary to implement the provisions of this act.
