S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2253

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 17, 2009
                               ___________

Introduced   by   Sens.   SCHNEIDERMAN,   ADAMS,   DIAZ,  DILAN,  DUANE,
  HASSELL-THOMPSON, KRUEGER, MONSERRATE, SAMPSON, THOMPSON -- 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
  banning the use or sale of certain mercury products

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 37 of the environmental conservation law is amended
by adding a new title 5 to read as follows:

                                 TITLE 5
               BAN OF THE USE AND SALE OF CERTAIN PRODUCTS
                           CONTAINING MERCURY

SECTION 37-0501. LEGISLATIVE INTENT.
        37-0503. DEFINITIONS.
        37-0505. BAN OF THE USE OF MERCURY GAUGES OR MANOMETERS.
        37-0507. SALE OF MERCURY FEVER THERMOMETERS PROHIBITED.
        37-0509. SEVERABILITY.
S 37-0501. LEGISLATIVE INTENT.
  THE INTENT OF THIS TITLE IS TO ADDRESS THE SERIOUS HEALTH RISKS  POSED
TO  STATE  RESIDENTS  BY THE USE OF MERCURY GAUGES OR MANOMETERS FOR THE
TESTING OF GAS PRESSURE AND BY THE USE OF  MERCURY  FEVER  THERMOMETERS.
GIVEN  THE  FRAGILITY OF THESE DEVICES, MERCURY SPILLS CAN EASILY OCCUR,
EXPOSING RESIDENTS TO THE HARMFUL EFFECTS OF MERCURY.
  ALTHOUGH ELEMENTAL MERCURY, A SILVERY-WHITE METAL, WHICH IS LIQUID  AT
ROOM  TEMPERATURE,  IS  NOT EASILY ABSORBED BY THE SKIN, SPILLED MERCURY
CAN BE EASILY VAPORIZED AND INHALED, CAUSING A RANGE  OF  EFFECTS,  FROM
TREMORS  AND  NAUSEA AT LOW LEVELS OF EXPOSURE TO IRREVERSIBLE BRAIN AND
KIDNEY DAMAGE AT HIGH LEVELS. THE AMOUNT OF MERCURY FOUND IN ONE COMMER-
CIALLY AVAILABLE MANOMETER IS ABOUT EIGHTY-EIGHT GRAMS, OR APPROXIMATELY
THREE OUNCES, AND THE AMOUNT OF MERCURY FOUND IN ONE MERCURY FEVER THER-
MOMETER IS ABOUT SEVEN-TENTHS GRAMS, OR JUST  UNDER  ONE  GRAM,  AMOUNTS

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00897-01-9

S. 2253                             2

SUFFICIENT  TO  OVEREXPOSE  PEOPLE  TO  THIS DEADLY TOXIN. THIS TOXIN IS
ESPECIALLY DANGEROUS TO CHILDREN AND PREGNANT WOMEN, BECAUSE EVEN  SMALL
AMOUNTS OF MERCURY CAN CAUSE SERIOUS DEVELOPMENTAL PROBLEMS.
  ADDITIONALLY,  MERCURY, A BIOACCUMULATIVE TOXIC COMPOUND RECOGNIZED AS
A GLOBAL POLLUTANT, ACCUMULATES IN THE FOOD CHAIN, SO THAT A VERY  SMALL
AMOUNT  OF  MERCURY IN A LAKE CAN LEAD TO DANGEROUS LEVELS OF MERCURY IN
FISH. JUST ONE GRAM OF MERCURY, THE AMOUNT FOUND IN ONE MERCURY THERMOM-
ETER, IS ENOUGH TO CONTAMINATE ALL OF THE FISH IN A LAKE WITH A  SURFACE
AREA  OF  TWENTY  ACRES. PEOPLE WHO CONSUME LARGE AMOUNTS OF FISH ARE AT
RISK OF ADVERSE EFFECTS OF MERCURY ON THE NERVOUS  SYSTEM.  BECAUSE  THE
DEVELOPING  NERVOUS  SYSTEM  IS  VULNERABLE TO MERCURY TOXICITY, FETUSES
EXPOSED TO MERCURY  THROUGH  THEIR  MOTHER'S  CONSUMPTION  OF  FISH  ARE
PARTICULARLY AT RISK OF ADVERSE EFFECTS.
  GIVEN  THE  SERIOUS  DANGER  POSED BY MERCURY GAUGES OR MANOMETERS AND
MERCURY FEVER THERMOMETERS TO STATE RESIDENTS, THEIR  PROPERTY,  AND  TO
THE ENVIRONMENT, THIS TITLE BANS THE USE BY ANY PERSON OF MERCURY GAUGES
OR  MANOMETERS FOR THE TESTING OF GAS PRESSURE AND FURTHER BANS THE SALE
BY ANY PERSON OF MERCURY FEVER THERMOMETERS.
S 37-0503. DEFINITIONS.
  FOR PURPOSES OF THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
  1. "MANOMETER" OR  "MERCURY  GAUGE"  MEANS  AN  INSTRUMENT  CONTAINING
MERCURY AND USED TO MEASURE THE PRESSURE OF GAS.
  2.  "MERCURY  FEVER  THERMOMETER"  MEANS  A MERCURY-CONTAINING PRODUCT
ENCASED IN GLASS THAT IS USED TO MEASURE HUMAN OR  ANIMAL  BODY  TEMPER-
ATURE.
  3. "PERSON" SHALL MEAN ANY NATURAL PERSON, CORPORATION, UNINCORPORATED
ASSOCIATION,  FIRM, PARTNERSHIP, JOINT VENTURE, JOINT STOCK ASSOCIATION,
OR OTHER ENTITY OR BUSINESS ORGANIZATION  OF  ANY  KIND,  INCLUDING  ANY
MASTER  PLUMBER OR JOURNEY LEVEL PLUMBER LICENSED OR CERTIFIED TO ENGAGE
IN THE BUSINESS OF PLUMBING PURSUANT TO ANY APPLICABLE LAW.
S 37-0505. BAN OF THE USE OF MERCURY GAUGES OR MANOMETERS.
  IT SHALL BE UNLAWFUL FOR ANY PERSON TO USE A MERCURY GAUGE OR  MANOME-
TER FOR THE MEASUREMENT OR TESTING OF GAS PRESSURE IN THIS STATE, EXCEPT
WHERE  THE  USE OF A MERCURY GAUGE OR MANOMETER IS SPECIFICALLY REQUIRED
BY FEDERAL LAW OR REGULATION.
S 37-0507. SALE OF MERCURY FEVER THERMOMETERS PROHIBITED.
  IT SHALL BE UNLAWFUL FOR ANY PERSON IN THIS STATE TO SELL OR CAUSE  TO
BE SOLD ANY MERCURY FEVER THERMOMETER.
S 37-0509. SEVERABILITY.
  IF  ANY  CLAUSE,  SENTENCE,  PARAGRAPH, OR PART OF THIS TITLE SHALL BE
ADJUDGED BY ANY COURT OF COMPETENT  JURISDICTION  TO  BE  INVALID,  SUCH
JUDGMENT  SHALL NOT AFFECT, IMPAIR, OR INVALIDATE THE REMAINDER THEREOF,
BUT SHALL BE CONFINED IN ITS OPERATION TO THE  CLAUSE,  SENTENCE,  PARA-
GRAPH, SECTION, OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY AND
IN WHICH SUCH JUDGMENT SHALL HAVE BEEN RENDERED.
  S  2.  The  environmental  conservation law is amended by adding a new
section 71-3705 to read as follows:
S 71-3705. ENFORCEMENT OF TITLE 5 OF ARTICLE 37.
  ANY PERSON WHO VIOLATES THE PROVISIONS OF TITLE 5  OF  ARTICLE  37  OF
THIS  CHAPTER  SHALL BE SUBJECT TO THE IMPOSITION OF A CIVIL PENALTY NOT
EXCEEDING ONE HUNDRED FIFTY DOLLARS FOR EACH SINGLE VIOLATION.
  S 3. This act shall take effect 1 year after it shall  have  become  a
law.