Bill Text: NY A05811 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the environmental conservation law, the agriculture and markets law, and the insurance law, in relation to enacting the Mercury-Free Water Resources and Mercury Reduction Management Strategy Act and to repeal chapter 145 of the laws of 2004 amending the environmental conservation law and the state finance law relating to the labeling and recycling of mercury-added consumer products and establishing an advisory committee on mercury pollution
Spectrum: Partisan Bill (Democrat 24-0)
Status: (Introduced - Dead) 2010-01-06 - referred to environmental conservation [A05811 Detail]
Download: New_York-2009-A05811-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5811
2009-2010 Regular Sessions
I N A S S E M B L Y
February 20, 2009
___________
Introduced by M. of A. BRODSKY, FARRELL, P. RIVERA, GALEF, DINOWITZ,
GIANARIS, ENGLEBRIGHT -- Multi-Sponsored by -- M. of A. COLTON, COOK,
CYMBROWITZ, DIAZ, GLICK, GOTTFRIED, GREENE, LUPARDO, McENENY, MILLMAN,
NOLAN, ORTIZ, PERRY, PHEFFER, PRETLOW, ROSENTHAL, WEISENBERG -- read
once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, the agriculture and
markets law, and the insurance law, in relation to enacting the Mercu-
ry-Free Water Resources and Mercury Reduction Management Strategy Act
and to repeal chapter 145 of the laws of 2004 amending the environ-
mental conservation law and the state finance law relating to the
labeling and recycling of mercury-added consumer products and estab-
lishing an advisory committee on mercury pollution
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Short title. This act shall be known as "The Mercury-Free
2 Water Resources and Mercury Reduction Management Strategy Act".
3 S 2. Chapter 145 of the laws of 2004 amending the environmental
4 conservation law and the state finance law relating to the labeling and
5 recycling of mercury-added consumer products and establishing an advi-
6 sory committee on mercury pollution is REPEALED.
7 S 3. Article 15 of the environmental conservation law is amended by
8 adding a new title 33 to read as follows:
9 TITLE 33
10 MERCURY REDUCTION MANAGEMENT STRATEGY
11 SECTION 15-3301. SHORT TITLE.
12 15-3303. DEFINITIONS.
13 15-3305. PUBLICLY OWNED SEWAGE TREATMENT PLANTS; REGULATION OF
14 MERCURY.
15 15-3307. PUBLICLY OWNED SEWAGE TREATMENT PLANTS; CONTROL OF
16 MERCURY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07339-02-9
A. 5811 2
1 15-3309. POINT SOURCE RELEASE; MERCURY CONTAINMENT TRAP REQUIRE-
2 MENT.
3 15-3311. EXEMPTION.
4 S 15-3301. SHORT TITLE.
5 THIS TITLE SHALL BE KNOWN AS "THE MERCURY REDUCTION MANAGEMENT STRATE-
6 GY ACT".
7 S 15-3303. DEFINITIONS.
8 FOR PURPOSES OF THIS TITLE, THE TERMS "EFFLUENT LIMITATION" AND "POINT
9 SOURCE" HAVE THE SAME MEANINGS AS ARE DEFINED IN SECTION 17-0105 OF THIS
10 CHAPTER AND THE TERM "HOUSEHOLD" MEANS PRIVATE DWELLINGS AND MULTIPLE
11 DWELLINGS AS DEFINED IN SECTION 4 OF THE MULTIPLE DWELLING LAW.
12 S 15-3305. PUBLICLY OWNED SEWAGE TREATMENT PLANTS; REGULATION OF MERCU-
13 RY.
14 1. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TEN, EACH PUBLICLY
15 OWNED SEWAGE TREATMENT WORKS SHALL:
16 (A) MEASURE THE LEVELS OF MERCURY IN EFFLUENT FROM PUBLICLY OWNED
17 TREATMENT WORKS USING THE UNITED STATES ENVIRONMENTAL PROTECTION AGEN-
18 CY'S TEST METHOD;
19 (B) DEVELOP AND IMPLEMENT A MONITORING PROGRAM TO IDENTIFY PUBLICLY
20 OWNED TREATMENT WORKS USERS THAT DISCHARGE WASTEWATER CONTAINING MERCU-
21 RY; AND
22 (C) PROVIDE INFORMATION ON MERCURY DISCHARGES AND THE SOURCES OF
23 MERCURY DISCHARGES TO THE PUBLIC THROUGH INSERTS IN CUSTOMER BILLING
24 STATEMENTS.
25 2. (A) ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND ELEVEN, THE
26 DEPARTMENT AND EACH PUBLICLY OWNED TREATMENT WORKS SHALL USE RESULTS
27 FROM THE MEASUREMENTS PERFORMED AND THE MONITORING PROGRAM IMPLEMENTED
28 UNDER SUBDIVISION 1 OF THIS SECTION TO DEVELOP AND IMPLEMENT A VOLUNTARY
29 POLLUTION PREVENTION PROGRAM.
30 (B) THE PURPOSE OF THE VOLUNTARY POLLUTION PREVENTION PROGRAM IS TO
31 MINIMIZE THE LEVELS OF MERCURY IN THE DISCHARGE OF PUBLICLY OWNED TREAT-
32 MENT WORKS USERS TO REFLECT THE RELATIVE CONTRIBUTION OF DIFFERENT
33 SOURCES OF MERCURY TO THE MERCURY LEVELS IN THE PUBLICLY OWNED TREATMENT
34 WORKS EFFLUENT.
35 3. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE, THE
36 DEPARTMENT SHALL DEVELOP:
37 (A) AN ACCEPTABLE LIMIT ON THE CONCENTRATION OF MERCURY IN SEWAGE
38 SLUDGE AND INCINERATOR ASH;
39 (B) EFFLUENT LIMITATION ON THE DISCHARGE OF MERCURY FROM PUBLICLY
40 OWNED TREATMENT WORKS THAT ARE NO GREATER THAN THE LIMITS OF DETECTION
41 OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY'S TEST METHOD; AND
42 (C) PRETREATMENT STANDARDS THAT REFLECT THE BEST AVAILABLE TREATMENT
43 TECHNOLOGY FOR EACH CATEGORY OF SOURCES OF MERCURY THAT HAVE BEEN DETER-
44 MINED TO CONTRIBUTE TO THE DISCHARGE OF WASTEWATER CONTAINING MERCURY TO
45 PUBLICLY OWNED TREATMENT WORKS.
46 S 15-3307. PUBLICLY OWNED SEWAGE TREATMENT PLANTS; CONTROL OF MERCURY.
47 1. THE DEPARTMENT SHALL ESTABLISH:
48 (A) AN ACCEPTABLE LIMIT ON THE CONCENTRATION OF MERCURY IN SEWAGE
49 SLUDGE AND INCINERATOR ASH;
50 (B) EFFLUENT LIMITATION ON THE DISCHARGE OF MERCURY FROM PUBLICLY
51 OWNED TREATMENT WORKS THAT ARE NO GREATER THAN THE LIMITS OF DETECTION
52 OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY'S TEST METHOD; AND
53 (C) PRETREATMENT STANDARDS THAT REFLECT THE BEST AVAILABLE TREATMENT
54 TECHNOLOGY FOR EACH CATEGORY OF SOURCES OF MERCURY THAT HAVE BEEN DETER-
55 MINED TO CONTRIBUTE TO THE DISCHARGE OF WASTEWATER CONTAINING MERCURY TO
56 PUBLICLY OWNED TREATMENT WORKS.
A. 5811 3
1 2. A PERSON SHALL NOT:
2 (A) DISCHARGE MERCURY THROUGH A PUBLICLY OWNED TREATMENT WORKS INTO A
3 BODY OF WATER IN EXCESS OF THE EFFLUENT STANDARDS ESTABLISHED UNDER
4 SUBDIVISION 1 OF THIS SECTION;
5 (B) ACCEPT FOR DISPOSAL IN A LANDFILL SLUDGE THAT CONTAINS MERCURY IN
6 EXCESS OF THE STANDARDS UNDER SUBDIVISION 1 OF THIS SECTION;
7 (C) DISCHARGE MERCURY INTO A WASTEWATER TREATMENT PLANT IN EXCESS OF
8 THE PRETREATMENT REQUIREMENTS ESTABLISHED UNDER SUBDIVISION 1 OF THIS
9 SECTION; OR
10 (D) APPLY TO LAND ANY SEWAGE SLUDGE OR INCINERATOR ASH THAT CONTAINS
11 MERCURY IN EXCESS OF THE CONCENTRATION LIMITS ESTABLISHED UNDER SUBDIVI-
12 SION 1 OF THIS SECTION.
13 S 15-3309. POINT SOURCE RELEASE; MERCURY CONTAINMENT TRAP REQUIREMENT.
14 1. ANY FACILITY THAT HAS THE POTENTIAL FOR RELEASE OF ELEMENTAL MERCU-
15 RY OR A MERCURY CONTAINING SUBSTANCE INTO PLUMBING SYSTEMS DURING ITS
16 NORMAL DAILY OPERATIONS, INCLUDING BUT NOT LIMITED TO DENTAL OFFICES,
17 DENTAL TRAINING OR VOCATIONAL SCHOOLS, DENTAL HOSPITALS, MERCURY RECYCL-
18 ING CENTERS, LABORATORIES, AND ANY OTHER ENTITY THE DEPARTMENT DETER-
19 MINES SHALL BE CONSIDERED A POINT SOURCE PURSUANT TO ARTICLE 17 OF THIS
20 CHAPTER, UNLESS SUCH FACILITY SHALL PLACE INTO SERVICE A MERCURY
21 CONTAINMENT TRAP AS CERTIFIED BY THE DEPARTMENT.
22 2. THE DEPARTMENT SHALL PROMULGATE REGULATIONS FOR THE PROPER INSTAL-
23 LATION, MAINTENANCE, USE, AND CERTIFICATION OF SUCH MERCURY CONTAINMENT
24 TRAPS.
25 S 15-3311. EXEMPTION.
26 THE PROVISIONS OF SUBDIVISION 2 OF SECTION 15-3307 OF THIS TITLE SHALL
27 NOT APPLY TO HOUSEHOLDS UNTIL TWO YEARS AFTER THIS TITLE TAKES EFFECT.
28 S 4. Article 27 of the environmental conservation law is amended by
29 adding a new title 21 to read as follows:
30 TITLE 21
31 COMPREHENSIVE MANAGEMENT
32 OF WASTE MERCURY
33 SECTION 27-2101. SHORT TITLE.
34 27-2103. DEFINITIONS.
35 27-2105. DISCLOSURE OF MERCURY CONTENT.
36 27-2107. MERCURY-ADDED PRODUCT PHASE-OUT.
37 27-2109. MERCURY DISPOSAL PROHIBITION.
38 27-2111. LABELING OF PRODUCTS CONTAINING MERCURY.
39 27-2113. SOURCE SEPARATION.
40 27-2115. COLLECTION.
41 27-2117. ELEMENTAL MERCURY.
42 27-2119. REMOVAL FROM SERVICE; MERCURY-ADDED PRODUCTS.
43 27-2121. BAN ON TOYS, GAMES, COSMETICS, AND APPAREL.
44 27-2123. BAN ON DISTRIBUTION AND SALE OF MERCURY THERMOMETERS.
45 27-2125. REPLACEMENT OF MERCURY-ADDED MANOMETERS AND GAS-PRES-
46 SURE REGULATORS.
47 27-2127. DENTAL OFFICE REQUIREMENTS.
48 27-2129. NOTIFICATION.
49 27-2131. INFORMED CONSENT; DENTAL PROCEDURES.
50 27-2133. BAN ON HEALTH INSURANCE DISCRIMINATION.
51 27-2135. LAMP RECYCLING FACILITY REQUIREMENTS.
52 27-2137. ADDITION OF ALL MERCURY-ADDED PRODUCTS TO STATE
53 UNIVERSAL WASTES RULES.
54 27-2139. STATE ADVISORY COMMITTEE ON MERCURY POLLUTION.
55 27-2141. EXEMPTION.
56 S 27-2101. SHORT TITLE.
A. 5811 4
1 THIS TITLE SHALL BE KNOWN AS "THE COMPREHENSIVE MANAGEMENT OF WASTE
2 MERCURY ACT".
3 S 27-2103. DEFINITIONS.
4 AS USED IN THIS TITLE:
5 1. "LAMP RECYCLING FACILITY" MEANS A FACILITY OPERATED TO REMOVE,
6 RECOVER, AND RECYCLE FOR REUSE MERCURY OR OTHER HAZARDOUS MATERIALS FROM
7 FLUORESCENT OR HIGH INTENSITY DISCHARGE LAMPS.
8 2. "MERCURY-ADDED PRODUCT" MEANS EQUIPMENT OR A PRODUCT, DEVICE, OR
9 INSTRUMENT INTO WHICH ELEMENTAL MERCURY OR MERCURY COMPOUNDS ARE INTEN-
10 TIONALLY ADDED DURING ITS FORMULATION OR MANUFACTURE AND IN WHICH THE
11 CONTINUED PRESENCE OF MERCURY IS DESIRED TO PROVIDE A SPECIFIC CHARAC-
12 TERISTIC OR TO PERFORM A SPECIFIC FUNCTION, INCLUDING BUT NOT LIMITED
13 TO: BATTERIES; LAMPS; THERMOSTATS; THERMOMETERS; ELECTRIC SWITCHES;
14 DENTAL AMALGAMS; APPLIANCES; GAUGES; MEDICAL OR SCIENTIFIC INSTRUMENTS
15 OR DEVICES; ELECTRIC OR DISPLACEMENT RELAYS; GAS PRESSURE REGULATORS;
16 TESTING EQUIPMENT; MANOMETERS; AND ANY OTHER ELECTRICAL DEVICE FROM
17 WHICH THE ADDED MERCURY HAS NOT BEEN REMOVED.
18 3. "PERSON" SHALL MEAN ANY ENTITY, INCLUDING BUT NOT LIMITED TO
19 NATURAL PERSONS, CORPORATIONS, FIRMS, LIMITED LIABILITY COMPANIES, PART-
20 NERSHIPS, STATE AGENCIES, STATE AUTHORITIES, AND FEDERAL AGENCIES.
21 4. "HOUSEHOLD" MEANS PRIVATE DWELLINGS AND MULTIPLE DWELLINGS AS
22 DEFINED IN SECTION 4 OF THE MULTIPLE DWELLING LAW.
23 S 27-2105. DISCLOSURE OF MERCURY CONTENT.
24 A MANUFACTURER OR WHOLESALER SHALL NOT SELL A MERCURY-ADDED PRODUCT AT
25 RETAIL IN THIS STATE, TO A RETAILER IN THIS STATE, OR FOR USE IN THIS
26 STATE WITHOUT PRIOR THERETO NOTIFYING THE COMMISSIONER IN WRITING OF THE
27 AMOUNT OF MERCURY IN EACH RETAIL-SIZED UNIT OF THE PRODUCT, THE TOTAL
28 AMOUNT OF MERCURY IN EACH TYPE OF PRODUCT SOLD AT RETAIL IN THE STATE
29 EACH YEAR BY THE MANUFACTURER OR WHOLESALER, AND THE ESSENTIAL-USE
30 PURPOSE THAT THE MERCURY IN THE PRODUCT SERVES.
31 S 27-2107. MERCURY-ADDED PRODUCT PHASE-OUT.
32 1. A MANUFACTURER, DIRECTLY OR THROUGH AN AGENT, SHALL NOT SELL A
33 MERCURY-ADDED PRODUCT AT RETAIL OR WHOLESALE IN THIS STATE, TO A RETAIL-
34 ER OR WHOLESALER IN THIS STATE, OR FOR USE IN THIS STATE AFTER JANUARY
35 FIRST, TWO THOUSAND TWELVE UNLESS THE MANUFACTURER HAS RECEIVED A
36 "PHASE-OUT EXEMPTION" PERMIT FROM THE COMMISSIONER.
37 2. UPON MAKING A DETERMINATION THAT AN APPLICATION FOR A PHASE-OUT
38 EXEMPTION IS COMPLETE, THE COMMISSIONER SHALL PROVIDE A SIXTY DAY PUBLIC
39 COMMENT PERIOD ON ALL APPLICATIONS FOR EXEMPTIONS AND SHALL HOLD A
40 PUBLIC INFORMATIONAL MEETING, IF SUCH A MEETING IS REQUESTED. THE
41 COMMISSIONER SHALL FULLY CONSIDER ALL WRITTEN AND ORAL SUBMISSIONS
42 CONCERNING PROPOSED EXEMPTIONS PRIOR TO TAKING FINAL ACTION ON A PHASE-
43 OUT EXEMPTION REQUEST.
44 3. THE COMMISSIONER SHALL ONLY GRANT A PHASE-OUT EXEMPTION UPON DETER-
45 MINATION OF ALL OF THE FOLLOWING:
46 THE MERCURY-ADDED PRODUCT IS AN ESSENTIAL USE THAT IS USED WHERE NO
47 ALTERNATIVE NON-MERCURY-ADDED PRODUCTS ARE AVAILABLE THAT:
48 (A) PERFORM THE SAME FUNCTION;
49 (B) ARE COMMERCIALLY AVAILABLE;
50 (C) ARE ECONOMICALLY PRACTICAL; AND
51 (D) ARE MORE ENVIRONMENTALLY SAFE.
52 S 27-2109. MERCURY DISPOSAL PROHIBITION.
53 MERCURY-ADDED PRODUCTS SHALL NOT BE PLACED IN ANY OF THE FOLLOWING:
54 1. SOLID WASTE.
55 2. MEDICAL, INFECTIOUS, OR LABORATORY WASTE.
56 3. WASTEWATER.
A. 5811 5
1 4. RADIOACTIVE WASTE.
2 5. SCRAP METAL PROCESSING OR RECYCLING STREAMS.
3 S 27-2111. LABELING OF PRODUCTS CONTAINING MERCURY.
4 A MANUFACTURER OR WHOLESALER SHALL NOT SELL AT RETAIL OR WHOLESALE IN
5 THIS STATE, TO A RETAILER OR WHOLESALER IN THIS STATE, OR FOR USE IN
6 THIS STATE, AND A RETAILER OR WHOLESALER SHALL NOT KNOWINGLY SELL IN
7 THIS STATE, A MERCURY-ADDED PRODUCT, UNLESS SUCH PRODUCT IS LABELED IN A
8 MANNER TO CLEARLY INFORM A PURCHASER OR CONSUMER OF SUCH PRODUCT THAT
9 MERCURY IS PRESENT IN THE PRODUCT AND THAT THE PRODUCT MAY NOT BE
10 DISPOSED OF IN VIOLATION OF THE PROHIBITIONS ESTABLISHED UNDER SECTION
11 27-2109 OF THIS TITLE.
12 S 27-2113. SOURCE SEPARATION.
13 EVERY PERSON WHO DISCARDS SOLID WASTE, MEDICAL WASTE, INFECTIOUS
14 WASTE, LABORATORY WASTE, RADIOACTIVE WASTE, OR WASTEWATER WITHIN THE
15 STATE OR WHO PLACES SCRAP METAL IN A REPROCESSING OR RECYCLING STREAM
16 WITHIN THE STATE SHALL ENSURE THAT THE WASTE OR SCRAP METAL DOES NOT
17 CONTAIN MERCURY ABOVE NATURALLY OCCURRING BACKGROUND LEVELS. ANY PERSON
18 WHO REPLACES, REMOVES, OR TRANSPORTS MERCURY-ADDED PRODUCTS IS RESPONSI-
19 BLE FOR THE PROPER MANAGEMENT OF ANY DISCARDED MERCURY-ADDED PRODUCT.
20 S 27-2115. COLLECTION.
21 THE MANUFACTURER OF A MERCURY-ADDED PRODUCT SHALL:
22 1. PROVIDE A SYSTEM FOR THE COLLECTION OF SUCH PRODUCT FROM USERS IN
23 THIS STATE.
24 2. CLEARLY INFORM EACH PURCHASER OF A MERCURY-ADDED PRODUCT OF ALL OF
25 THE FOLLOWING:
26 (A) DETAILS CONCERNING THE AVAILABLE SYSTEM FOR PROPER COLLECTION OF
27 THE PRODUCT.
28 (B) THAT STATE LAW PROHIBITS CHARGING A FEE FOR COLLECTION OF THE
29 PRODUCT.
30 (C) THAT DISPOSAL OF THE PRODUCT IS PROHIBITED IN SOLID WASTE, MEDICAL
31 WASTE, INFECTIOUS WASTE, LABORATORY WASTE, RADIOACTIVE WASTE, OR WASTE-
32 WATER, AS IS PLACEMENT OF THE PRODUCT IN A SCRAP METAL REPROCESSING OR
33 RECYCLING STREAM.
34 3. THE DEPARTMENT SHALL PROMULGATE REGULATIONS TO IMPLEMENT THIS
35 SECTION.
36 S 27-2117. ELEMENTAL MERCURY.
37 1. SALE. A PERSON SHALL NOT SELL MERCURY TO ANOTHER PERSON IN THIS
38 STATE WITHOUT PROVIDING A MATERIAL SAFETY DATA SHEET, AS DEFINED IN 42
39 U.S.C. 11049.
40 2. USE. A PERSON WHO USES ELEMENTAL MERCURY IN ANY APPLICATION SHALL
41 NOT PLACE, OR DELIVER THE MERCURY TO ANOTHER PERSON WHO PLACES, RESI-
42 DUES, PARTICLES, SCRAPINGS, OR OTHER MATERIALS THAT CONTAIN MERCURY IN
43 SOLID WASTE, MEDICAL WASTE, INFECTIOUS WASTE, LABORATORY WASTE, RADIOAC-
44 TIVE WASTE, WASTEWATER, OR HAZARDOUS WASTE, EXCEPT FOR TRACES OF MATERI-
45 ALS THAT MAY INADVERTENTLY PASS THROUGH A FILTRATION SYSTEM DURING A
46 DENTAL PROCEDURE.
47 3. THE DEPARTMENT SHALL ADOPT REGULATIONS IN RELATION TO ALLOWED TRACE
48 POINT SOURCE RELEASES OF ELEMENTAL MERCURY AND MERCURY CONTAINING
49 SUBSTANCES.
50 S 27-2119. REMOVAL FROM SERVICE; MERCURY-ADDED PRODUCTS.
51 1. WHEN A MERCURY-ADDED PRODUCT IS REMOVED FROM SERVICE, THE MERCURY
52 IN THE ITEM SHALL BE SOURCE-SEPARATED FOR STABILIZATION FOR RETIREMENT
53 OR OTHERWISE MANAGED TO PREVENT ITS RELEASE INTO THE ENVIRONMENT. THE
54 COMMISSIONER SHALL, BY REGULATION, PROVIDE FOR THE USE OF MERCURY, AND
55 PERMIT MERCURY THAT HAS BEEN SOURCE SEPARATED TO BE RECYCLED FOR
A. 5811 6
1 PURPOSES OF REUSE, IN PRODUCTS THAT HAVE RECEIVED A PHASE-OUT EXEMPTION
2 PERMIT FROM THE COMMISSIONER PURSUANT TO SECTION 27-2107 OF THIS TITLE.
3 2. A PERSON WHO IS IN THE BUSINESS OF REPLACING OR REPAIRING A MERCU-
4 RY-ADDED PRODUCT IN HOUSEHOLDS SHALL DELIVER, OR CAUSE TO BE DELIVERED,
5 ANY ITEM IN NEED OF REPLACEMENT TO A MANUFACTURER'S COLLECTION SYSTEM
6 PURSUANT TO SECTION 27-2115 OF THIS TITLE.
7 3. THE DEPARTMENT SHALL PROMULGATE REGULATIONS FOR THE PROPER REMOVAL
8 FROM SERVICE AND SOURCE-SEPARATION OF MERCURY-ADDED PRODUCTS, INCLUDING,
9 BUT NOT LIMITED TO, AUTOMOBILES, BUILDINGS, HOME OR COMMERCIAL APPLI-
10 ANCES, AND FLUORESCENT LAMPS.
11 S 27-2121. BAN ON TOYS, GAMES, COSMETICS, AND APPAREL.
12 A MANUFACTURER OR WHOLESALER SHALL NOT SELL AT RETAIL IN THIS STATE,
13 TO A RETAILER IN THIS STATE, OR FOR USE IN THIS STATE, AND A RETAILER
14 SHALL NOT SELL IN THIS STATE, A MERCURY-ADDED TOY OR GAME, OR
15 MERCURY-ADDED COSMETICS, OR ANY ITEM OF CLOTHING OR WEARING APPAREL THAT
16 CONTAINS A MERCURY-ADDED ELECTRIC SWITCH.
17 S 27-2123. BAN ON DISTRIBUTION AND SALE OF MERCURY THERMOMETERS.
18 NO PERSON SHALL DISTRIBUTE FREE OF CHARGE OR SELL A MERCURY-ADDED
19 FEVER THERMOMETER. SUCH THERMOMETERS SHALL BE PROHIBITED FROM BEING SOLD
20 AT RETAIL AS OF JANUARY FIRST, TWO THOUSAND ELEVEN.
21 S 27-2125. REPLACEMENT OF MERCURY-ADDED MANOMETERS AND GAS-PRESSURE
22 REGULATORS.
23 1. THE DEPARTMENT OF AGRICULTURE AND MARKETS SHALL DEVELOP A PROGRAM
24 TO REPLACE MERCURY-ADDED MANOMETERS USED FOR DAIRY PURPOSES WITH
25 NON-MERCURY MANOMETERS FOR SUCH PURPOSES. THE MERCURY, MANOMETERS, AND
26 APPARATUS SHALL BE MANAGED IN ACCORDANCE WITH THIS TITLE.
27 2. (A) NO PERSON, PUBLIC OR PRIVATE UTILITY, OR CONTRACTOR SHALL USE
28 MERCURY-ADDED GAS-PRESSURE REGULATORS TO MONITOR, REGULATE, OR TEST
29 VAPORIZED GASSES, INCLUDING, BUT NOT LIMITED TO, THOSE DEVICES CONTAINED
30 WITHIN NATURAL GAS LINES.
31 (B) THE DEPARTMENT SHALL PROMULGATE REGULATIONS FOR THE PROPER REMOVAL
32 OF MERCURY-ADDED GAS-PRESSURE REGULATORS. SUCH REGULATIONS SHALL REQUIRE
33 THOSE ENTITIES ENGAGED IN THE USE OF MERCURY-ADDED GAS-PRESSURE REGULA-
34 TORS TO CONDUCT A TEST FOR THE PRESENCE OF MERCURY AFTER REMOVAL OF SUCH
35 MERCURY-ADDED GAS-PRESSURE REGULATORS WITHIN A TIME PERIOD SPECIFIED BY
36 THE DEPARTMENT.
37 (C) UPON THE IMPLEMENTATION OF THIS TITLE, PRIORITY SHALL BE ASSIGNED
38 TO REMOVAL OF THOSE MERCURY-ADDED GAS-PRESSURE REGULATORS LOCATED WITHIN
39 HOUSEHOLDS AND COMMERCIAL PREMISES.
40 (D) NOTIFICATION. ANY UTILITY USING MERCURY-ADDED GAS-PRESSURE REGULA-
41 TORS WITHIN HOUSEHOLDS OR COMMERCIAL PREMISES SHALL NOTIFY OWNERS OF
42 SUCH PROPERTIES OF THE EXISTENCE OF SUCH MERCURY-ADDED GAS-PRESSURE
43 REGULATORS AND SHALL NOTIFY OWNERS OF THE DANGERS POSED BY THE PRESENCE
44 OF MERCURY. THE DEPARTMENT SHALL PROMULGATE REGULATIONS PROVIDING FOR
45 NOTIFICATION REQUIREMENTS.
46 3. (A) NO PERSON, PUBLIC OR PRIVATE UTILITY, OR CONTRACTOR SHALL USE
47 MERCURY TESTING EQUIPMENT. FOR THE PURPOSES OF THIS SECTION, "MERCURY-
48 ADDED TESTING EQUIPMENT" MEANS ANY DEVICE CONTAINING MERCURY USED FOR
49 PURPOSES OF TESTING PRESSURE, INCLUDING, BUT NOT LIMITED TO, NATURAL GAS
50 LINES. THIS INCLUDES HAND-HELD, PORTABLE, OR STATIONARY TESTING EQUIP-
51 MENT CONTAINING MERCURY, INCLUDING, BUT NOT LIMITED TO, MERCURY-ADDED
52 MANOMETERS AND MERCURY-ADDED GAUGES.
53 (B) THE DEPARTMENT SHALL PROMULGATE REGULATIONS FOR THE PROPER REMOVAL
54 FROM SERVICE OF MERCURY-ADDED TESTING EQUIPMENT, INCLUDING TESTING FOR
55 PRESENCE OF MERCURY WITHIN DWELLINGS KNOWN OR POSSIBLY KNOWN TO HAVE
56 BEEN TESTED USING MERCURY-ADDED TESTING EQUIPMENT.
A. 5811 7
1 S 27-2127. DENTAL OFFICE REQUIREMENTS.
2 EACH DENTAL OFFICE IS REQUIRED TO SUBMIT AN ANNUAL AMALGAM MERCURY
3 REPORT DESCRIBING QUANTITIES OF ALL SOURCES STORED AND RECYCLED: INCLUD-
4 ING CHAIR-SIDE TRAPS, CLEAN SCRAP, ELEMENTAL MERCURY, AMALGAM SLUDGE,
5 AND MERCURY CONTAINMENT TRAPS. THE DEPARTMENT SHALL PROVIDE BY REGU-
6 LATION THEREFOR.
7 S 27-2129. NOTIFICATION.
8 EVERY DENTIST SHALL DISPLAY, IN BOLDFACE PRINT, IN THE ENGLISH AND
9 SPANISH LANGUAGE, AND IN A CONSPICUOUS PLACE WITHIN SUCH DENTIST'S
10 OFFICE, A NOTICE STATING THE FOLLOWING:
11 "THIS OFFICE USES AMALGAM FILLING MATERIALS WHICH CONTAIN AND EXPOSE
12 YOU TO MERCURY, A CHEMICAL KNOWN TO THE STATE OF NEW YORK AS A TOXIN
13 LINKED TO NEUROLOGICAL AND DEVELOPMENTAL DEFECTS. ADDITIONALLY, SCIEN-
14 TIFIC STUDIES OF MERCURY-CONTAINING AMALGAM USE HAVE SHOWN THAT A
15 SIGNIFICANT HEALTH HAZARD EXISTS FOR PREGNANT WOMEN AND CHILDREN UNDER
16 THE AGE OF 15. SAFE ALTERNATIVES TO MERCURY-CONTAINING AMALGAMS EXIST.
17 PLEASE CONSULT YOUR DENTIST FOR MORE INFORMATION."
18 S 27-2131. INFORMED CONSENT; DENTAL PROCEDURES.
19 NO DENTIST SHALL USE MERCURY OR MERCURY AMALGAM IN A DENTAL PROCEDURE
20 UNLESS, PRIOR TO THE USE, THE DENTIST CERTIFIES IN WRITING THAT THE
21 PATIENT GAVE INFORMED CONSENT THERETO FREELY AND WITHOUT COERCION. SUCH
22 INFORMED CONSENT SHALL BE PROVIDED IN WRITING AND REQUIRED FOR EACH
23 DENTAL OFFICE VISIT IN WHICH THE PROCEDURE INVOLVES THE USE OF MERCURY
24 AMALGAM AND SHALL CONTAIN THE FOLLOWING STATEMENT IN BOLDFACE PRINT:
25 "I CONSENT TO THE USE OF MERCURY CONTAINING AMALGAM IN THIS DENTAL
26 PROCEDURE. I HAVE BEEN INFORMED THAT THE AMALGAM TO BE USED IN THIS
27 PROCEDURE CONTAINS MERCURY, A CHEMICAL KNOWN TO THE STATE OF NEW YORK AS
28 A TOXIN LINKED TO NEUROLOGICAL AND DEVELOPMENTAL DEFECTS. ADDITIONALLY,
29 I HAVE BEEN INFORMED THAT SCIENTIFIC STUDIES OF AMALGAM CONTAINING
30 MERCURY HAVE SHOWN THAT A SIGNIFICANT HEALTH HAZARD EXISTS FOR PREGNANT
31 WOMEN AND CHILDREN UNDER THE AGE OF 15. I HAVE ALSO BEEN INFORMED THAT
32 SAFE ALTERNATIVES TO AMALGAM CONTAINING MERCURY EXIST."
33 S 27-2133. BAN ON HEALTH INSURANCE DISCRIMINATION.
34 NO HEALTH INSURANCE POLICY OR CONTRACT SHALL IN ANY WAY DISCRIMINATE
35 AGAINST AMALGAMS THAT DO NOT CONTAIN ADDED MERCURY.
36 S 27-2135. LAMP RECYCLING FACILITY REQUIREMENTS.
37 NO PERSON SHALL OPERATE A LAMP RECYCLING FACILITY WITHOUT OBTAINING A
38 PERMIT FOR THE FACILITY FROM THE COMMISSIONER, ISSUED BY THE COMMISSION-
39 ER NO LATER THAN NINE MONTHS AFTER THE EFFECTIVE DATE OF THIS TITLE.
40 S 27-2137. ADDITION OF ALL MERCURY-ADDED PRODUCTS TO STATE UNIVERSAL
41 WASTES RULES.
42 THE COMMISSIONER SHALL PROMULGATE THE UNIVERSAL WASTES RULES FOR
43 MERCURY-ADDED THERMOSTATS AND SHALL ADD ALL MERCURY-ADDED PRODUCTS TO
44 ITS UNIVERSAL WASTES RULES WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS
45 TITLE.
46 S 27-2139. STATE ADVISORY COMMITTEE ON MERCURY POLLUTION.
47 1. THERE IS CREATED AN ADVISORY COMMITTEE ON MERCURY POLLUTION, TO
48 CONSIST OF ONE APPOINTEE OF THE TEMPORARY PRESIDENT OF THE SENATE, ONE
49 APPOINTEE OF THE SPEAKER OF THE ASSEMBLY, THE COMMISSIONER (OR HIS OR
50 HER DESIGNEE), THE COMMISSIONER OF HEALTH (OR HIS OR HER DESIGNEE), AND
51 THE FOLLOWING PERSONS APPOINTED BY THE GOVERNOR: ONE PUBLIC HEALTH
52 SPECIALIST, ONE TOXICOLOGIST, ONE REPRESENTATIVE OF A NATIVE AMERICAN
53 TRIBE OR GROUP, ONE SCIENTIST WHO IS KNOWLEDGEABLE ON MATTERS RELATED TO
54 MERCURY CONTAMINATION, ONE CHILDREN'S ADVOCATE, AND ONE CONSUMER ADVO-
55 CATE. THE ADVISORY COMMITTEE SHALL ADVISE THE LEGISLATURE AND THE EXECU-
A. 5811 8
1 TIVE BRANCH ON MATTERS RELATING TO THE PREVENTION AND CLEANUP OF MERCURY
2 POLLUTION AND THE REDUCTION IN HUMAN EXPOSURE TO MERCURY.
3 2. BY JANUARY FIFTEENTH OF EACH YEAR, BEGINNING IN TWO THOUSAND TEN,
4 THE ADVISORY COMMITTEE SHALL SUBMIT A REPORT TO THE LEGISLATURE REGARD-
5 ING:
6 (A) THE EXTENT OF MERCURY CONTAMINATION IN THE SOIL, WATERS, AND AIR
7 OF THE STATE.
8 (B) THE EXTENT OF ANY HEALTH RISK FROM MERCURY CONTAMINATION IN THE
9 STATE, ESPECIALLY TO WOMEN OF CHILDBEARING YEARS, CHILDREN, NATIVE AMER-
10 ICANS, SPORTS FISHERS, AND SUBSISTENCE FISHERS; AND WAYS TO REDUCE HUMAN
11 EXPOSURE TO MERCURY.
12 (C) ALL METHODS AVAILABLE FOR MINIMIZING RISK OF FURTHER CONTAMINATION
13 OR INCREASED HEALTH RISK TO THE PUBLIC.
14 (D) COORDINATION NEEDED WITH OTHER STATES TO EFFECTIVELY ADDRESS
15 MERCURY ISSUES AND POLLUTION.
16 (E) WAYS TO ELIMINATE NONESSENTIAL USES OF MERCURY IN HEALTH CARE
17 INSTITUTIONS, GOVERNMENT BUILDINGS, AND CONSUMER AND BUSINESS USES.
18 (F) WAYS TO REDUCE THE WASTE DISPOSAL, WASTEWATER DISPOSAL, AND WASTE
19 INCINERATION OF MERCURY-ADDED PRODUCTS AND THE EXTENT TO WHICH SOLID
20 WASTE AND MEDICAL WASTE ARE INCINERATED OR AUTOCLAVED WITHIN THE STATE
21 OR SENT OUT OF STATE FOR SUCH PURPOSES.
22 S 27-2141. EXEMPTION.
23 THE PROVISIONS OF SECTION 27-2113 OF THIS TITLE SHALL NOT APPLY TO
24 HOUSEHOLDS UNTIL TWO YEARS AFTER THIS TITLE TAKES EFFECT.
25 S 5. The environmental conservation law is amended by adding a new
26 section 71-2729 to read as follows:
27 S 71-2729. PENALTIES FOR VIOLATIONS OF TITLE 21 OF ARTICLE 27 AND TITLE
28 33 OF ARTICLE 15.
29 1. FOR A FIRST VIOLATION OF TITLE 21 OF ARTICLE 27 AND TITLE 33 OF
30 ARTICLE 15 OF THIS CHAPTER, IN LIEU OF A PENALTY, A VIOLATOR SHALL BE
31 ISSUED A WRITTEN WARNING BY THE DEPARTMENT AND SHALL ALSO BE ISSUED
32 EDUCATIONAL MATERIALS AT THE DISCRETION OF THE DEPARTMENT. SUCH PERSON
33 SHALL, HOWEVER, FOR A SECOND VIOLATION, BE LIABLE TO THE PEOPLE OF THE
34 STATE FOR A CIVIL PENALTY NOT TO EXCEED SEVENTY-FIVE DOLLARS FOR EACH
35 VIOLATION, WHICH IN THE AGGREGATE SHALL NOT EXCEED:
36 A. TWO HUNDRED TWENTY-FIVE DOLLARS FOR HOUSEHOLDS, TO THE EXTENT THAT
37 THE VIOLATION INVOLVES ONLY THE IMPROPER PLACEMENT OF THE WASTE PRODUCED
38 BY THE PERSON OR PERSONS WITHIN SUCH DWELLING.
39 B. TEN THOUSAND DOLLARS FOR MANUFACTURERS OF MERCURY-ADDED PRODUCTS OR
40 DISTRIBUTORS OR PROVIDERS OF ELEMENTAL MERCURY.
41 C. FIVE THOUSAND DOLLARS FOR ALL OTHER VIOLATORS.
42 2. SUCH CIVIL PENALTY SHALL BE IN ADDITION TO ANY OTHER PENALTIES
43 AUTHORIZED UNDER OTHER FEDERAL, STATE, OR LOCAL LAWS GOVERNING THE ILLE-
44 GAL DISPOSAL, SALE, RESALE, OR DISTRIBUTION OF ELEMENTAL MERCURY OR
45 MERCURY-ADDED PRODUCTS. THE CRIMINAL PENALTIES SET FORTH IN SECTION
46 71-4001 OF THIS ARTICLE SHALL NOT APPLY TO VIOLATIONS OF TITLE 21 OF
47 ARTICLE 27 OR TITLE 33 OF ARTICLE 15 OF THIS CHAPTER.
48 3. PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE COMMISSIONER
49 AFTER A HEARING OR OPPORTUNITY TO BE HEARD PURSUANT TO THE PROVISIONS OF
50 SECTION 71-1709 OF THIS ARTICLE, AND, IN ADDITION THERETO, ANY PERSON
51 FOUND TO HAVE VIOLATED THE PROVISIONS OF TITLE 21 OF ARTICLE 27 OR TITLE
52 33 OF ARTICLE 15 OF THIS CHAPTER MAY BY SIMILAR PROCESS BE ENJOINED FROM
53 CONTINUING SUCH VIOLATION. FOR THE PURPOSES OF THIS SECTION, THE UNLAW-
54 FUL SALE, RESALE, DISTRIBUTION, OR DISPOSAL OF EACH ITEM CONTAINING
55 MERCURY SHALL CONSTITUTE A SEPARATE VIOLATION.
A. 5811 9
1 4. ALL CIVIL PENALTIES AND FINES COLLECTED FOR ANY VIOLATION OF TITLE
2 21 OF ARTICLE 27 OR TITLE 33 OF ARTICLE 15 OF THIS CHAPTER SHALL BE PAID
3 OVER TO THE COMMISSIONER FOR DEPOSIT IN THE GENERAL FUND OF THE STATE.
4 5. FOR PURPOSES OF THIS SECTION, "HOUSEHOLD" MEANS PRIVATE DWELLINGS
5 AND MULTIPLE DWELLINGS AS DEFINED IN SECTION 4 OF THE MULTIPLE DWELLING
6 LAW.
7 S 6. Section 16 of the agriculture and markets law is amended by
8 adding a new subdivision 44 to read as follows:
9 44. ESTABLISH A PROGRAM TO REPLACE MERCURY-ADDED MANOMETERS USED FOR
10 DAIRY PURPOSES WITH NON-MERCURY MANOMETERS FOR SUCH PURPOSES PURSUANT TO
11 SECTION 27-2125 OF THE ENVIRONMENTAL CONSERVATION LAW.
12 S 7. The insurance law is amended by adding a new section 3240 to read
13 as follows:
14 S 3240. DENTAL AMALGAM NONDISCRIMINATION. NO HEALTH INSURANCE POLICY,
15 CONTRACT, OR BENEFIT, WHETHER SUBJECT TO THIS ARTICLE OR ARTICLE FORTY-
16 THREE OR FORTY-FOUR OF THIS CHAPTER, SHALL DISCRIMINATE IN REGARD TO
17 DENTAL AMALGAMS IN VIOLATION OF SECTION 27-2133 OF THE ENVIRONMENTAL
18 CONSERVATION LAW.
19 S 8. This act shall take effect on the first of January next succeed-
20 ing the date on which it shall have become a law. Effective immediately
21 the commissioner of environmental conservation is authorized to promul-
22 gate any and all rules and regulations and take any other measures
23 necessary to implement this act on its effective date on or before such
24 date.
