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

                                  6388

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 16, 2011
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee 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 4 to read as follows:

                                 TITLE 4
               BAN OF THE USE AND SALE OF CERTAIN PRODUCTS
                           CONTAINING MERCURY

SECTION 37-0401. LEGISLATIVE INTENT.
        37-0403. DEFINITIONS.
        37-0405. BAN OF THE USE OF MERCURY GAUGES OR MANOMETERS.
        37-0407. SALE OF MERCURY FEVER THERMOMETERS PROHIBITED.
        37-0409. SEVERABILITY.
S 37-0401. 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10089-01-1
              

A. 6388                             2

MOMETER  IS  ABOUT  SEVEN-TENTHS  GRAMS, OR JUST UNDER ONE GRAM, AMOUNTS
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 37-0403. 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 37-0405. 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 37-0407. 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 37-0409. 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 4 OF ARTICLE 37.
  ANY PERSON WHO VIOLATES THE PROVISIONS OF TITLE 4  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 one year after it shall have become  a
law.