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A02875 Summary:

BILL NOA02875
 
SAME ASSAME AS S04636
 
SPONSORKavanagh
 
COSPNSRColton, Jaffee, Abinanti, Rosenthal L, Otis, Rozic, Ortiz, Englebright, Fahy, Stirpe, Dinowitz, Skoufis, Santabarbara, Mosley, Rodriguez, Sepulveda, Carroll, Barrett, Thiele, Harris
 
MLTSPNSRGalef, Glick, Paulin, Ramos, Walker
 
Amd 27-2101, 27-2107 & 71-2724, En Con L
 
Relates to the reduction of mercury in mercury-added lamps.
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A02875 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2875
 
SPONSOR: Kavanagh (MS)
  TITLE OF BILL: An act to amend the environmental conservation law, in relation to the reduction of mercury in mercury-added lamps   PURPOSE: To address the serious health risks posed to New York State residents by the amount of mercury in mercury-added lamps.   SUMMARY OF PROVISIONS: Section 1 of the bill amends section 27-2101 of the environmental conservation law by adding new subdivisions thirty, thirty-one, thirty- two, thirty-three, and thirty-four to define "mercury-added lamp," "producer of mercury-added lamps," "general purpose lights," "special purpose lights," and "long lifetime." Section 2 of the bill amends section 27-2107 of the environmental conservation law by adding new subdivisions eleven and twelve. Subdivi- sion eleven prohibits the sale or distribution of mercury-added lamps that fail to meet mercury content standards adopted by the department after January 1, 2018, and establishes maximum mercury content for general purpose lights. Subdivision twelve exempts special purpose lights from mercury content standards until December 31, 2018. Section 3 of the bill amends subdivision one of section 71-2724 of the environmental conservation law to exclude subdivision one of section 27-2105 and subdivision eleven of section 27-2107 of the environmental conservation law from the penalties set forth therein. Section 4 of the bill amends subdivision two of section 71-2724 of the environmental conservation law establishing that first time violators will be provided with educational materials describing the requirements for mercury disposal. Second time violators shall be liable for a civil penalty not to exceed fifty dollars, third time violators for seventy- five dollars, and fourth time violators shall be liable for a civil penalty not to exceed one hundred dollars for each violation. Section 5 of the bill sets forth the effective date.   JUSTIFICATION: The amount of mercury contained within mercury-added lamps poses a potential health risk. When a mercury-added lamp breaks, it releases mercury, which is a hazardous material dangerous to human health and the environment. Breakage can occur during normal use, transportation, and end-of-life management. This legislation would ensure that mercury-added lamps sold in New York State do not contain excessive levels of mercury. The European Union, California, Maine, and Vermont have adopted laws that set maximum mercury content limits for compact fluorescent lamps (CFLs), tubular fluorescent lamps that are linear, circular or another shape, high-pressure sodium lamps, and a variety of other mercury-added lamps. The National Electrical Manufacturers Association (NEMA) has also recommended mercury content limits for mercury-added lamps, and many of its member organizations have voluntarily complied. In 2005, New York banned the disposal of mercury-added consumer products in solid waste management facilities. However, the law exempted mercu- ry-containing lamps discarded by households. In the absence of a conven- ient collection program for discarded mercury lamps, most of those used for residential purposes are being disposed of in landfills and inciner- ators. Restricting the sale of mercury-added consumer products is consistent with the legislative recommendations of New York's Sustaina- ble Materials Management Policy, which was adopted in December 2010.   FISCAL IMPACT ON THE STATE: To be determined.   FISCAL IMPACT ON LOCALITIES: To be determined.   IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS: Prohibits the sale of certain light bulbs containing high levels of mercury.   IMPACT ON FINES, IMPRISONMENT, FORFEITURE OF RIGHTS, OR OTHER PENAL SANCTIONS: First time violators will be provided with educational materials describing the requirements for mercury disposal. Second time violators shall be liable for a civil penalty not to exceed fifty dollars. Third time violators shall be liable a civil penalty not to exceed seventy- five dollars. Any person convicted of a fourth or subsequent violation shall be liable for a civil penalty not to exceed one hundred dollars for each violation.   LEGISLATIVE HISTORY: 2016: A05844A (Kavanagh) - Passed Assembly 2015: A05844 (Kavanagh) - Passed Assembly 2014: A02048A (Kavanagh) - Passed Assembly 2013: A02048A (Kavanagh) - Passed Assembly 2012: A05583B (Kavanagh) - Rules 2011: A05583 (Kavanagh) - Codes 2010: A10100C (Kavanagh) - Environmental Conservation   EFFECTIVE DATE: This act shall take effect immediately. Effective immediately, the department of environmental conservation shall promulgate any regu- lations necessary to implement the provisions of this act.
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A02875 Text:



 
                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.
                                                                   LBD00674-02-7

        A. 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.
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