NY State Senate Bill 2009-S864

Senate Bill S864

2009-2010 Legislative Session

Establishes no later than June 1, 2012 can a general service incandescent lamp be sold in this state

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to environmental conservation
Jan 21, 2009	referred to environmental conservation

2009-S864 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §27-2113, add Art 27 Title 22 §§27-2201 - 27-2203, En Con L

2009-S864 (ACTIVE) - Summary

Establishes that a general service incandescent lamp shall no longer be sold in this state after June 1, 2014; requires the department of environmental conservation to prepare a report relating to incandescent lamps.

2009-S864 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S864

 TITLE OF BILL :
An act to amend the environmental conservation law, in relation to
incandescent lamps


 PURPOSE :
The purpose of the bill is to prohibit the sale of incandescent lamps
on or after June 1, 2012. The bill also requires the Department of
Environmental Conservation (DEC) to evaluate the availability of
proper storage, recycling and disposal of mercury-added consumer
products and to further analyze the availability of alternative
technologies to incandescent lamps. If DEC finds there are adequate
mercury storage, recycling and disposal facilities available, the
current disposal exemption in the law for mercury-containing lamps
discarded by households or small businesses discarding fewer than 15
mercury-containing lamps per month shall no longer be in effect.

 SUMMARY OF PROVISIONS :
The purpose of the bill is to prohibit the sale of incandescent lamps
on or after June 1, 2012. The bill also requires the Department of
Environmental Conservation (DEC) to evaluate the availability of
proper storage, recycling and disposal of mercury-added consumer
products and to further analyze the availability of alternative
technologies to incandescent lamps. If DEC finds there are adequate

mercury storage, recycling and disposal facilities available, the
current disposal exemption in the law for mercury-containing lamps
discarded by households or small businesses discarding fewer than 15
mercury-containing lamps per month shall no longer be in effect.

 JUSTIFICATION :
Recently Phillips Electronics became the first major North American
producer of incandescent light bulbs to call for their phase-our by
2016. Legislation has been introduced in California, Connecticut and
Rhode Island to ban the sale of these lights. Australia announced it
will begin to phase incandescent light bulbs by 2010.

According to a press release from the Lighting Efficiency Coalition
(which includes the Alliance to Save Energy, the American Council for
an Energy Efficient Economy, Californians Against Waste, the Natural
Resources Defense Council, the Earth Day Network and Phillips
Electronics), the following savings would be realized: At the present
time, there are approximately four billion screw-base light sockets
that currently use inefficient, old-style incandescent lights. A
savings of approximately $18 billion would be realized by consumers
and businesses by using energy-efficient lighting.

* The annual energy demand for lighting would be reduced by the
equivalent of what is generated by 30 nuclear power plants or up to 80
coal burning power plants.

* More than 158 million tons of carbon dioxide emissions and 5,700
pounds of air-born mercury emissions would be eliminated.

In addition, other states are proposing legislation to:

* Place a 25 cent tax on each incandescent bulb sold (Minnesota)

* Place a 10 cent surcharge on any incandescent lamp (Connecticut)

* Require or encourage state agencies to replace incandescent bulbs
with energy efficient bulbs in state buildings (Hawaii, Illinois, New
Jersey, New Mexico, South Carolina and Texas)

 LEGISLATIVE HISTORY :
2007-2008:  S.5823

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act would take effect immediately.

2009-S864 (ACTIVE) - Bill Text download pdf

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

                                   864

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 21, 2009
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Environmental Conser-
  vation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  incandescent lamps

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

  Section 1. Section 27-2113 of the environmental  conservation  law  is
amended by adding a new subdivision 4 to read as follows:
  4.  THE PROVISIONS OF SUBDIVISIONS TWO AND THREE OF THIS SECTION SHALL
NO LONGER BE IN EFFECT UPON A DETERMINATION  BY  THE  COMMISSIONER  THAT
THERE  IS ADEQUATE CAPACITY IN THE STATE FOR THE PROPER STORAGE, RECYCL-
ING AND DISPOSAL FOR MERCURY-ADDED CONSUMER PRODUCTS AS PROVIDED FOR  IN
SECTION  27-2105 OF THIS ARTICLE, PROVIDED, HOWEVER, IF THE COMMISSIONER
DOES NOT MAKE SUCH DETERMINATION ON OR BEFORE JUNE FIRST,  TWO  THOUSAND
TWELVE THEN THE PROVISIONS OF SUBDIVISIONS TWO AND THREE OF THIS SECTION
SHALL  NO  LONGER BE IN EFFECT AFTER SUCH DATE. SUCH DETERMINATION SHALL
BE INCLUDED IN THE REPORT PROVIDED FOR IN SECTION 27-2202 OF THIS  ARTI-
CLE.
  S  2.  Article  27 of the environmental conservation law is amended by
adding a new title 22 to read as follows:
                                TITLE 22
                           INCANDESCENT LAMPS
SECTION 27-2201. DEFINITIONS.
        27-2202. REPORT TO THE GOVERNOR AND THE LEGISLATURE.
        27-2203. PROHIBITIONS.
S 27-2201. DEFINITIONS.
  AS USED IN THIS TITLE:
  "GENERAL SERVICE INCANDESCENT LAMP" MEANS A STANDARD  INCANDESCENT  OR
HALOGEN  TYPE LAMP THAT IS INTENDED FOR GENERAL SERVICE APPLICATIONS AND
HAS ALL OF THE FOLLOWING:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02945-01-9

S. 864                              2

  1. A MEDIUM SCREW BASE;
  2. A WATTAGE RATING NO LESS THAN TWENTY-FIVE WATTS AND NO GREATER THAN
ONE HUNDRED FIFTY WATTS;
  3.  A  A-15,  A-19,  A-21,  A-23,  A-25, PS-25, PS-30, BT-14.5, BT-15,
CP-19, TB-19, CA-22, OR EQUIVALENT SHAPE  AS  DEFINED  IN  THE  AMERICAN
NATIONAL STANDARD INSTITUTE C78.20-2003; AND
  4. A BULB FINISH OF FROSTED, CLEAR OR SOFT WHITE TYPE.
  A  GENERAL  SERVICE  INCANDESCENT  LAMP  DOES NOT INCLUDE AN APPLIANCE
LAMP, BLACK LIGHT LAMP, BUG LAMP, COLORED LAMP, ENHANCED SPECTRUM  LAMP,
INFRARED  LAMP, LEFT-HAND TREAD LAMP, MARINE LAMP, MARINE SIGNAL SERVICE
LAMP, MINE SERVICE LAMP, PLANT  LIGHT,  REFLECTOR  LAMP,  ROUGH  SERVICE
LAMP, SHATTER RESISTANT LAMP, SIGN SERVICE LAMP, SILVER BOWL LAMP, SHOW-
CASE  LAMP, THREE-WAY LAMP, TRAFFIC SIGNAL LAMP, OR VIBRATION SERVICE OR
VIBRATION RESISTANT LAMP.
S 27-2202. REPORT TO THE GOVERNOR AND THE LEGISLATURE.
  ON OR BEFORE DECEMBER FIRST, TWO THOUSAND ELEVEN, THE DEPARTMENT SHALL
PREPARE AND SUBMIT A REPORT TO THE GOVERNOR, THE MAJORITY LEADER OF  THE
SENATE  AND  THE SPEAKER OF THE ASSEMBLY. SUCH REPORT SHALL INCLUDE, BUT
NOT BE LIMITED TO:
  1. THE ADEQUACY OF FACILITIES IN THE STATE  FOR  THE  PROPER  STORAGE,
RECYCLING  AND  DISPOSAL  OF MERCURY-ADDED CONSUMER PRODUCTS AS PROVIDED
FOR IN SECTION 27-2105 OF THIS ARTICLE;
  2. THE STATUS OF EFFORTS BEING MADE PURSUANT TO  SUBDIVISION  FOUR  OF
SECTION 27-2105 OF THIS ARTICLE;
  3. AN ANALYSIS OF ALTERNATIVE TECHNOLOGIES TO INCANDESCENT LAMPS. SUCH
ANALYSIS  SHALL  INCLUDE  AN EXAMINATION OF THE ALTERNATIVE TECHNOLOGY'S
USE OF TOXIC SUBSTANCES, INCLUDING MERCURY AND LEAD;  ENERGY  EFFICIENCY
RATING;  COST,  PRACTICABILITY  AND AVAILABILITY TO CONSUMERS; INCLUDING
INSTANT ON LIGHTS, TYPES OF LAMP BASES AND QUALITY AND TYPE OF LIGHTING;
AND
  4. RECOMMENDATIONS CONCERNING CHANGES TO THE PROVISIONS OF THIS TITLE.
  ON OR BEFORE DECEMBER FIRST, TWO THOUSAND TWELVE AND  DECEMBER  FIRST,
TWO THOUSAND THIRTEEN, THE DEPARTMENT SHALL UPDATE THE REPORT AND SUBMIT
THE  UPDATED  REPORT  TO  THE  GOVERNOR,  THE TEMPORARY PRESIDENT OF THE
SENATE AND THE SPEAKER OF THE ASSEMBLY. THE REPORT AND ALL UPDATES SHALL
BE POSTED ON THE DEPARTMENT'S WEBSITE.
S 27-2203. PROHIBITIONS.
  A GENERAL SERVICE INCANDESCENT LAMP SHALL NOT BE SOLD IN THIS STATE ON
OR AFTER JUNE FIRST, TWO THOUSAND FOURTEEN.
  S 3. This act shall take effect immediately; provided that the commis-
sioner of environmental conservation shall notify the  legislative  bill
drafting  commission  within  ten  days of a determination that there is
adequate capacity in the state for the  proper  storage,  recycling  and
disposal  for mercury-added consumer products as provided for in section
27-2105 of the environmental conservation law or on June 1, 2012  if  he
or she does not make such determination in order that the commission may
maintain an accurate and timely effective data base of the official text
of  the laws of the state of New York in furtherance of effectuating the
provisions of section 44 of the legislative law and section 70-b of  the
public officers law.

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