NY State Assembly Bill 2011-A6596

Assembly Bill A6596

2011-2012 Legislative Session

Prohibits the disposal in a solid waste facility of lamps containing mercury; requires manufacturers thereof to establish collection and recyling programs

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Archive: Last Bill Status - In Assembly 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 02, 2011	reported referred to codes
May 25, 2011	print number 6596a
May 25, 2011	amend and recommit to environmental conservation
Mar 22, 2011	referred to environmental conservation

Bill Amendments

Original

A (Active)

co-Sponsors

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multi-Sponsors

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2011-A6596 - Details

Current Committee:: Assembly Codes
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §27-2113, add §27-2119, En Con L

2011-A6596 - Summary

Prohibits the disposal in a solid waste facility of lamps containing mercury; requires manufacturers thereof to establish collection and recycling programs.

2011-A6596 - Bill Text download pdf

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

                                  6596

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 22, 2011
                               ___________

Introduced  by  M.  of  A.  SPANO, MAISEL, ENGLEBRIGHT, COLTON, ROBERTS,
  JAFFEE, N. RIVERA -- Multi-Sponsored by -- M. of A.  COOK,  GABRYSZAK,
  GALEF,  GIBSON,  GLICK,  PHEFFER,  SCHIMEL,  THIELE  --  read once and
  referred to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  disposal  of  mercury-containing lamps and manufacturer collection and
  recycling programs

  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, as
added by chapter 145 of the laws of 2004, subdivision 1  as  amended  by
chapter 676 of the laws of 2005, is amended to read as follows:
S 27-2113. Exemptions.
  [1.] The provisions of this title shall not apply to photographic film
and paper, pharmaceutical products, biological products or any substance
that  may be lawfully sold over the counter without a prescription under
the federal Food, Drug and Cosmetic Act, 21 USC  301  et  seq.  For  the
purposes of this subdivision, "biological product" means a virus, thera-
peutic  serum,  toxin,  antitoxin,  vaccine,  blood,  blood component or
derivative, allergenic product or an analogous product, or arsphenamine,
or any other trivalent organic arsenic compound used for the prevention,
treatment or cure of a disease or condition of human beings.
  [2. The provisions of subdivision one of section 27-2105 of this title
shall not apply to mercury-containing lamps discarded by households.
  3. The provisions of subdivision one of section 27-2105 of this  title
shall  not  apply to mercury-containing lamps discarded by a small busi-
ness if such small business discards no more than  fifteen  mercury-con-
taining  lamps  per  month.  For the purposes of this subdivision "small
business" means any business which is resident in this state,  independ-
ently  owned  and operated, not dominant in its field, and employing not
more than one hundred individuals.]

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10056-01-1

A. 6596                             2

  S 2. Article 27 of the environmental conservation law  is  amended  by
adding a new title 22 to read as follows:
                                 TITLE 22
                         MERCURY-CONTAINING LAMP
                        COLLECTION AND RECYCLING
SECTION 27-2201. DEFINITIONS.
        27-2203. MANUFACTURER COLLECTION AND RECYCLING PROGRAMS.
S 27-2201. DEFINITIONS.
  AS USED IN THIS TITLE,
  1.  "ELEMENTAL MERCURY" MEANS THE MATERIAL REPRESENTED BY THE CHEMICAL
SYMBOL HG. ELEMENTAL HG IS A SILVERY-WHITE LIQUID (AT ROOM  TEMPERATURE)
WITH AN ATOMIC NUMBER OF 80 AND AN ATOMIC MASS OF 200.59.
  2.  "MANUFACTURER" MEANS ANY PERSON WHO MANUFACTURES OR DISTRIBUTES TO
RETAILERS ANY LAMP.
  3. "LAMP" MEANS ANY BULB, TUBE OR OTHER DEVICE USED TO PROVIDE ILLUMI-
NATION, INTO WHICH ELEMENTAL MERCURY  OR  MERCURY  COMPOUNDS  ARE  ADDED
DURING THE PRODUCT'S FORMULATION OR MANUFACTURE AND IN WHICH THE CONTIN-
UED  PRESENCE  OF  MERCURY  IS REQUIRED TO PROVIDE A SPECIFIC CHARACTER-
ISTIC, APPEARANCE OR QUALITY, OR TO PERFORM A SPECIFIC FUNCTION.
S 27-2203. MANUFACTURER COLLECTION AND RECYCLING PROGRAMS.
  1. EVERY MANUFACTURER OF LAMPS SOLD IN THIS STATE  SHALL,  WITHIN  ONE
HUNDRED  TWENTY  DAYS OF THE EFFECTIVE DATE OF THIS TITLE, SUBMIT TO THE
DEPARTMENT AND IMPLEMENT A PLAN PROVIDING FOR THE COLLECTION AND RECYCL-
ING OF LAMPS INTENDED FOR DISPOSAL. EACH SUCH  PLAN  SHALL  INCLUDE  THE
FOLLOWING:
  (A)  THE  METHOD BY WHICH THE PUBLIC IS INFORMED ABOUT THE MANUFACTUR-
ER'S COLLECTION AND  RECYCLING  PROGRAM,  AND  THE  LOCATIONS  AT  WHICH
COLLECTIONS ARE AVAILABLE;
  (B)  A  DESCRIPTION OF THE COLLECTION AND RECYCLING PROGRAM, INCLUDING
DETAILS REGARDING THE RECOVERY AND DISPOSITION OF ALL ELEMENTAL  MERCURY
AND MERCURY COMPOUND IN LAMPS;
  (C)  THE  USE OF ANY THIRD PARTY ORGANIZATIONS THAT MAY CONDUCT ALL OR
PART OF THE COLLECTION AND RECYCLING PROGRAM, AND THE SPECIFIC RESPONSI-
BILITIES OF EACH SUCH ORGANIZATION; AND
  (D) A DETAILED DESCRIPTION OF THE RECORD  KEEPING  PROCEDURES  OF  THE
PROGRAM  TO  ACCOUNT  FOR THE LAMPS COLLECTED, AND THE ELEMENTAL MERCURY
AND MERCURY COMPOUNDS REMOVED AND RECYCLED.
  2. ON OR BEFORE MARCH FIRST EACH YEAR, EVERY MANUFACTURER SHALL SUBMIT
TO THE DEPARTMENT A REPORT ON THE IMPLEMENTATION OF ITS LAMP  COLLECTION
AND RECYCLING PLAN DURING THE PRECEDING CALENDAR YEAR.
  S 3. This act shall take effect immediately.

co-Sponsors

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multi-Sponsors

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2011-A6596A (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §27-2113, add §27-2119, En Con L

2011-A6596A (ACTIVE) - Summary

Prohibits the disposal in a solid waste facility of lamps containing mercury; requires manufacturers thereof to establish collection and recycling programs.

2011-A6596A (ACTIVE) - Bill Text download pdf

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

                                 6596--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 22, 2011
                               ___________

Introduced  by  M.  of  A.  SPANO, MAISEL, ENGLEBRIGHT, COLTON, ROBERTS,
  JAFFEE, N. RIVERA -- Multi-Sponsored by -- M. of A.  COOK,  GABRYSZAK,
  GALEF, GIBSON, GLICK, SCHIMEL, THIELE -- read once and referred to the
  Committee  on Environmental Conservation -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  disposal of mercury-containing lamps and manufacturer  collection  and
  recycling programs

  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,  as
added  by  chapter  145 of the laws of 2004, subdivision 1 as amended by
chapter 676 of the laws of 2005, is amended to read as follows:
S 27-2113. Exemptions.
  [1.] The provisions of this title shall not apply to photographic film
and paper, pharmaceutical products, biological products or any substance
that may be lawfully sold over the counter without a prescription  under
the  federal  Food,  Drug  and  Cosmetic Act, 21 USC 301 et seq. For the
purposes of this subdivision, "biological product" means a virus, thera-
peutic serum, toxin,  antitoxin,  vaccine,  blood,  blood  component  or
derivative, allergenic product or an analogous product, or arsphenamine,
or any other trivalent organic arsenic compound used for the prevention,
treatment or cure of a disease or condition of human beings.
  [2. The provisions of subdivision one of section 27-2105 of this title
shall not apply to mercury-containing lamps discarded by households.
  3.  The provisions of subdivision one of section 27-2105 of this title
shall not apply to mercury-containing lamps discarded by a  small  busi-
ness  if  such small business discards no more than fifteen mercury-con-
taining lamps per month. For the purposes  of  this  subdivision  "small
business"  means any business which is resident in this state, independ-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10056-02-1

A. 6596--A                          2

ently owned and operated, not dominant in its field, and  employing  not
more than one hundred individuals.]
  S  2.    The environmental conservation law is amended by adding a new
section 27-2119 to read as follows:
S 27-2119. MERCURY LAMP COLLECTION PROGRAM.
  1. DEFINITIONS. "PRODUCER" MEANS A PERSON THAT:
  (A) HAS OR HAD LEGAL OWNERSHIP OF THE BRAND, BRAND NAME,  OR  CO-BRAND
OF A MERCURY-CONTAINING LAMP SOLD IN OR INTO NEW YORK STATE;
  (B) IMPORTS OR HAS IMPORTED MERCURY-CONTAINING LAMPS;
  (C) MAKES OR MADE AN UNBRANDED MERCURY-CONTAINING LAMP THAT IS SOLD OR
HAS BEEN SOLD IN OR INTO NEW YORK STATE.
  2. PRODUCER RESPONSIBILITIES. (A) EVERY PRODUCER OF MERCURY-CONTAINING
LAMPS SOLD IN OR INTO NEW YORK STATE MUST, INDIVIDUALLY OR COLLECTIVELY,
AND NOT LATER THAN JUNE FIRST, TWO THOUSAND TWELVE, SUBMIT A PLAN TO THE
DEPARTMENT  FOR APPROVAL THAT DESCRIBES A COLLECTION PROGRAM FOR OUT-OF-
SERVICE MERCURY-CONTAINING  LAMPS.  THE  COLLECTION  PROGRAM  SHALL  NOT
INVOLVE  ANY  DIRECT  COST TO HOUSEHOLDS OR SMALL BUSINESSES FOR PARTIC-
IPATING IN THE PROGRAM.  THE  COLLECTION  PROGRAM  SHALL  AT  A  MINIMUM
INCLUDE:  THE  IDENTITY  OF  COLLECTION,  TRANSPORTATION  AND PROCESSING
SERVICE PROVIDERS, INCLUDING CONSIDERATION GIVEN TO EXISTING RESIDENTIAL
CURBSIDE COLLECTION INFRASTRUCTURE AND MAILBACK SYSTEMS AS AN  APPROPRI-
ATE  COLLECTION  MECHANISM;  HOW  MERCURY AND OTHER HAZARDOUS SUBSTANCES
WILL BE HANDLED FOR COLLECTION THROUGH FINAL DISPOSITION; THE USE OF ANY
THIRD PARTY ORGANIZATIONS THAT MAY CONDUCT ALL OR PART OF THE COLLECTION
AND RECYCLING PROGRAM, AND THE SPECIFIC RESPONSIBILITIES  OF  EACH  SUCH
ORGANIZATION, AND, AN EDUCATION AND OUTREACH PROGRAM.
  COLLECTION METHODS MAY INCLUDE, BUT ARE NOT LIMITED TO, (I) INDIVIDUAL
PRODUCT MAIL RETURN AND/OR MULTIPLE COLLECTION CONTAINERS AND COLLECTION
SITES  LOCATED  AT RETAILERS, MUNICIPALITIES FOR COLLECTION AT HOUSEHOLD
HAZARDOUS WASTE  COLLECTION  FACILITIES  OR  HOUSEHOLD  HAZARDOUS  WASTE
EVENTS;  (II) THE DISTRIBUTION OF CONTAINERS FOR MERCURY-CONTAINING LAMP
COLLECTION;  (III)  CRITERIA  TO  ENSURE  THAT  THE  CAPTURE   RATE   OF
OUT-OF-SERVICE MERCURY-CONTAINING LAMPS IS MAXIMIZED.
  (B)  NOT  LATER THAN DECEMBER FIRST, TWO THOUSAND TWELVE, PRODUCERS OF
MERCURY-CONTAINING LAMPS SHALL IMPLEMENT THE COLLECTION PROGRAM OUTLINED
IN THEIR PLAN.
  (C) BEGINNING JUNE FIRST, TWO THOUSAND THIRTEEN, AND  ANNUALLY  THERE-
AFTER,  EACH  PRODUCER OF MERCURY-CONTAINING LAMPS SHALL SUBMIT A REPORT
TO THE DEPARTMENT THAT INCLUDES, AT A MINIMUM,  THE  FOLLOWING  INFORMA-
TION:
  (I)  THE  NUMBER OF MERCURY-CONTAINING LAMPS COLLECTED AND RECYCLED BY
THE PRODUCER DURING THE PREVIOUS CALENDAR YEAR.
  (II) THE ESTIMATED TOTAL AMOUNT  OF  MERCURY  CONTAINED  IN  THE  LAMP
COMPONENTS COLLECTED BY THAT PRODUCER IN THE PREVIOUS CALENDAR YEAR.
  (III)  AN EVALUATION OF THE EFFECTIVENESS OF THE PRODUCER'S COLLECTION
PROGRAM AND ANY FINANCIAL INCENTIVES.
  (IV) AN ACCOUNTING OF THE ADMINISTRATIVE COSTS INCURRED IN THE  COURSE
OF  ADMINISTERING THE COLLECTION AND RECYCLING PROGRAM AND ANY FINANCIAL
INCENTIVE PLAN.
  3. DEPARTMENT RESPONSIBILITIES. (A) WITHIN NINETY DAYS OF RECEIPT OF A
COMPLETE PRODUCER PLAN REQUIRED BY SUBDIVISION TWO OF THIS SECTION,  THE
DEPARTMENT  SHALL  REVIEW  AND MAY GRANT, DENY OR APPROVE WITH MODIFICA-
TIONS. THE DEPARTMENT SHALL NOT APPROVE A PLAN UNLESS  ALL  ELEMENTS  OF
SUBDIVISION TWO OF THIS SECTION ARE ADEQUATELY ADDRESSED. IN REVIEWING A
PLAN,   THE  DEPARTMENT  MAY  CONSIDER  CONSISTENCY  OF  THE  PLAN  WITH
COLLECTION IN OTHER STATES AND  CONSIDER  CONSISTENCY  BETWEEN  PRODUCER

A. 6596--A                          3

PROGRAMS. IN REVIEWING PLANS, THE DEPARTMENT SHALL ENSURE THAT EDUCATION
AND  OUTREACH  PROGRAMS  ARE  UNIFORM  AND  CONSISTENT TO ENSURE EASE OF
IMPLEMENTATION.
  (B)  THE  DEPARTMENT  SHALL MAINTAIN AND POST ON ITS WEBSITE A LIST OF
ENTITIES AND LOCATIONS THAT SERVE AS COLLECTION POINTS FOR  MERCURY-CON-
TAINING LAMPS.
  (C)  IN  CONJUNCTION WITH THE EDUCATIONAL AND OUTREACH PROGRAMS IMPLE-
MENTED BY  PRODUCERS,  THE  DEPARTMENT  MAY  CONDUCT  AN  EDUCATION  AND
OUTREACH  PROGRAM  DIRECTED  AT  RETAILERS AND HOMEOWNERS TO PROMOTE THE
COLLECTION OF DISCARDED MERCURY-CONTAINING LAMPS.
  (D) BY DECEMBER FIRST, TWO THOUSAND THIRTEEN, AND ANNUALLY THEREAFTER,
THE DEPARTMENT  SHALL  POST  A  REPORT  ON  ITS  WEBSITE  DETAILING  THE
COLLECTION  AND RECYCLING OF MERCURY-CONTAINING LAMPS IN THE STATE. SUCH
REPORT  SHALL  INCLUDE  AN  EVALUATION  OF  THE  EFFECTIVENESS  OF   THE
COLLECTION  AND RECYCLING PROGRAMS, AND INFORMATION ON ACTUAL COLLECTION
RATES.
  S 3. This act shall take effect  immediately,  provided  however  that
section one of this act shall take effect January 1, 2014.

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Assembly Bill A6596

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Sponsored By

SPANO

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Alan Maisel

Steven Englebright

William Colton

Sam Roberts

multi-Sponsors

Vivian Cook

Dennis H. Gabryszak

Sandy Galef

Vanessa Gibson

2011-A6596 - Details

2011-A6596 - Summary

2011-A6596 - Bill Text download pdf

co-Sponsors

Alan Maisel

Steven Englebright

William Colton

Sam Roberts

multi-Sponsors

William Boyland

Vivian Cook

Dennis H. Gabryszak

Sandy Galef

2011-A6596A (ACTIVE) - Details

2011-A6596A (ACTIVE) - Summary

2011-A6596A (ACTIVE) - Bill Text download pdf

Comments