Bill Text: NY S01524 | 2017-2018 | General Assembly | Introduced

---

Bill Title: Relates to the reduction of mercury in mercury-added lamps.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO ENVIRONMENTAL CONSERVATION [S01524 Detail]

Download: New_York-2017-S01524-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          1524
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 10, 2017
                                       ___________
        Introduced  by  Sens. AVELLA, ADDABBO -- 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,  halo-
     7  phosphate  straight  fluorescent lamps, and triphosphate (triband phosp-
     8  hates) straight fluorescent lamps with normal or long lifetime.
     9    31. "Producer of mercury-added lamps" means any person who:
    10    (a) manufactures and sells mercury-added lamps under its own brand;
    11    (b) resells under its own brand equipment produced by other suppliers,
    12  a reseller not being regarded as the producer of mercury-added lamps  if
    13  the  brand  of the producer of mercury-added lamps appears on the equip-
    14  ment, as provided for in paragraph (a) of this subdivision;
    15    (c) imports or  exports  electrical  and  electronic  equipment  on  a
    16  professional basis; or
    17    (d)  serves as the importer or domestic distributor of a mercury-added
    18  lamp if the brand name owner is located outside of the United States.
    19    32. "General purpose lights" means the following lamps, bulbs,  tubes,
    20  or  other  electric  devices  that  provide  functional illumination for
    21  indoor residential, indoor commercial, and outdoor use: compact fluores-
    22  cent lamps up to nine inches in length and straight fluorescent lamps up
    23  to fifty inches in length with a medium bi-pin or miniature bi-pin base,
    24  that operate on an instant  start,  rapid  start,  or  programmed  start
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00674-01-7
        S. 1524                             2
     1  ballast. General purpose lights shall not include T12 lamps that operate
     2  on  a  reference  current  greater than four hundred fifty milliamps, T8
     3  lamps that operate on a reference current  greater  than  three  hundred
     4  fifty milliamps, or special purpose lights.
     5    33.  "Special  purpose lights" means the following specialty lighting:
     6  appliance, black light, germicidal, bug, colored, plant  light,  reflec-
     7  tor, reprographic, shatter resistant, cold temperature, or three-way.
     8    34.  "Long  lifetime"  means more than twenty-four thousand hours when
     9  tested on an electronic or electromagnetic ballast, including,  but  not
    10  limited  to, a T8 instant start ballast, a T12 rapid start ballast, or a
    11  T5 programmed start ballast, and turned on and  off  every  three  hours
    12  ("three hour starts").
    13    §  2. Section 27-2107 of the environmental conservation law is amended
    14  by adding two new subdivisions 11 and 12 to read as follows:
    15    11. On and after January first, two thousand nineteen, no producer  of
    16  mercury-added lamps shall sell, offer for sale, or distribute such lamps
    17  that  fail  to meet mercury content standards adopted by the department,
    18  and for the following general purpose lights, mercury content  shall  be
    19  no higher than:
    20    (a) five milligrams for compact fluorescent lamps;
    21    (b) ten milligrams for halophosphate straight fluorescent lamps;
    22    (c) five milligrams for triphosphate straight fluorescent lamps with a
    23  normal lifetime;
    24    (d)  eight milligrams for triphosphate straight fluorescent lamps with
    25  a long lifetime.
    26    12. On or before December thirty-first, two thousand nineteen, mercury
    27  content standards established in accordance with this section shall  not
    28  apply to special purpose lights.
    29    § 3. Section 27-2111 of the environmental conservation law, as amended
    30  by chapter 676 of the laws of 2005, is amended to read as follows:
    31  § 27-2111. Regulations.
    32    The  department shall promulgate and enforce any regulations necessary
    33  to implement the provisions of this title.
    34    Such regulations shall provide for the proper storage,  recycling  and
    35  disposal  of  mercury-added  consumer  products  at facilities regulated
    36  pursuant to titles seven and nine of this article.
    37    Such regulations may provide for mercury content standards for  mercu-
    38  ry-added lamps not inconsistent with section 27-2107 of this title.
    39    §  4.  Subdivision 1 of section 71-2724 of the environmental conserva-
    40  tion law, as added by chapter 145 of the laws of  2004,  is  amended  to
    41  read as follows:
    42    1. Any person who knowingly or intentionally violates any provision of
    43  or  fails  to  perform  any duty pursuant to title twenty-one of article
    44  twenty-seven of this chapter, except subdivision one of section  27-2105
    45  and  subdivision  eleven  of section 27-2107 of this chapter, shall upon
    46  the first finding of such a violation be liable for a civil penalty  not
    47  to  exceed  one  hundred  dollars.  Any  person convicted of a second or
    48  subsequent violation shall be liable for a civil penalty not  to  exceed
    49  five hundred dollars for each violation.
    50    §  5. Section 71-2724 of the environmental conservation law is amended
    51  by adding a new subdivision 2-a to read as follows:
    52    2-a. Any person who knowingly or intentionally violates  or  fails  to
    53  perform  any  duty  imposed  by subdivision eleven of section 27-2107 of
    54  this chapter or any of the provisions, rule, or  regulation  promulgated
    55  pursuant  thereto  shall be punishable in the case of a first violation,
    56  by a civil penalty not to exceed ten thousand dollars. In the case of  a
        S. 1524                             3
     1  second  and  any  further  violation, the liability shall be for a civil
     2  penalty not to exceed twenty-five thousand dollars for each violation.
     3    § 6. This act shall take effect immediately.