NY State Senate Bill 2011-S664

Senate Bill S664

2011-2012 Legislative Session

Relates to requiring local building and planning regulations to accommodate the use of renewable and alternative energy sources

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Archive: Last Bill Status - In Senate Committee Local Government 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
Jan 04, 2012	referred to local government
Jan 05, 2011	referred to local government

co-Sponsors

2011-S664 (ACTIVE) - Details

See Assembly Version of this Bill:: A314
Current Committee:: Senate Local Government
Law Section:: Town Law
Laws Affected:: Amd §263, Town L; amd §7-704, Vil L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1991, S7155, A626
2013-2014: S1074, A498
2015-2016: S3614, A65
2017-2018: S4266, A34
2019-2020: S5739, A436
2021-2022: S391, A443

2011-S664 (ACTIVE) - Summary

Relates to requiring local building and planning regulations to accommodate the use of renewable energy resources such as solar thermal, photovoltaic, wind, hydroelectric, geothermal electric, geothermal ground source heat, tidal energy, wave energy, ocean thermal, and fuel cells using renewable fuels.

2011-S664 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S664

TITLE OF BILL:

An act
to amend the environmental conservation law, in relation to the
collection of mercury containing thermostats

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to encourage the safe collection of
mercury-containing thermostats.

SUMMARY OF PROVISIONS:

This bill would: require thermostat manufacturers, no later than June
1, 2016, to submit a plan to the Department of Environmental
Conservation (DEC) establishing a collection program for
out-of-service thermostats. The collection program, to be offered
free of cost to contractors, service technicians and homeowners,
would include, but not be limited to:

o An education and outreach program directed to retailers, contractors
and homeowners
o The distribution of containers for mercury-containing thermostats;
o Measures to protect against the fraudulent return of

mercury-containing thermostats
o Criteria to encourage the purchase
of mercury-free thermostats
o Criteria to ensure that the capture
rate of out-of-service mercury thermostats is maximized
o Require manufacturers to implement their plans not later than
December 1, 2016

By June 2017, and annually thereafter, manufacturers would be required
to submit a report to DEC identifying:

o the number of thermostats collected;
o the estimated total amount of mercury in the thermostats;
o an evaluation of the program's effectiveness; and
o an accounting of the administrative costs incurred.

DEC would be required to:

o grant, deny or approve manufacturer collection plans within 90 days
of submission;
o maintain a list of mercury-containing thermostat collection points;
o conduct education and outreach;
o issue annual reports on its website · provide estimate, by January
15, 2017, the number of out-of-service thermostats generated in New
York on an annual basis

DEC may require the modification of manufacturer's plans, including
the implementation of a financial collection incentive, to result in
the collection and recycling of at least 25 percent of the
out-of-service mercury-containing thermostats statewide.

Beginning June 1, 2020, if collection efforts fail to result in the
collection and recycling of at least 65 percent of the out-of-service
mercury-containing thermostats statewide, then
DEC shall require the modification of manufacturer plans, including
the implementation of a financial collection incentive of cash or
coupons between $5 and $10 that are redeemable by contractors or
homeowners.

Beginning January 15, 2023, DEC may adopt regulations setting forth
future collection costs.

JUSTIFICATION:

Mercury has been shown to impair brain development The Centers for
Disease Control and Prevention estimates that between 300,000 and
630,000 infants each year are born in the United States with mercury
levels high enough to be associated with IQ loss. Each year, more
than two million mercury-containing thermostats are discarded. Most
states now ban the sale of new mercury containing thermostats, but
despite disposal limitations, only a very small percentage of old
thermostats are collected and recycled.
The remainder enters the waste stream and poses the potential to
pollute the environment. This bill would protect the environment and
public health by requiring the establishment of a program to collect
mercury containing thermostats, ensuring they do not go on to cause
harm to the public and the environment.

PRIOR LEGISLATIVE HISTORY:

2011-12: S.4833-A
2011-12: A.3485 (Sweeney) (title/dates different
         than S4833-A) (Passed Assembly)
2009-10: S.7752 (Thompson)/A.10160-B (Sweeney)

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

2011-S664 (ACTIVE) - Bill Text download pdf

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

                                   664

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the town law and the village law, in relation to requir-
  ing local building and planning regulations to accommodate the use  of
  renewable and alternative energy sources

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

  Section 1. Section 263 of the town law, as amended by chapter  602  of
the laws of 2003, is amended to read as follows:
  S  263. Purposes in view. Such regulations shall be made in accordance
with a comprehensive plan and  designed  to  lessen  congestion  in  the
streets;  to secure safety from fire, flood, panic and other dangers; to
promote health and general welfare; to provide adequate light  and  air;
to  prevent  the  overcrowding  of land; to avoid undue concentration of
population; to make provision for, so far as conditions may permit,  the
accommodation  of  [solar  energy  systems  and  equipment and access to
sunlight necessary therefor] RENEWABLE ENERGY RESOURCES, WHICH  FOR  THE
PURPOSES  OF  THIS  SECTION  SHALL INCLUDE SOLAR THERMAL, PHOTOVOLTAICS,
WIND, HYDROELECTRIC, GEOTHERMAL ELECTRIC, GEOTHERMAL GROUND SOURCE HEAT,
TIDAL ENERGY, WAVE ENERGY, OCEAN THERMAL, AND FUEL CELLS USING RENEWABLE
FUELS; to  facilitate  the  practice  of  forestry;  to  facilitate  the
adequate  provision  of  transportation, water, sewerage, schools, parks
and other public requirements.  Such  regulations  shall  be  made  with
reasonable consideration, among other things, as to the character of the
district  and  its  peculiar suitability for particular uses, and with a
view to conserving the value  of  buildings  and  encouraging  the  most
appropriate use of land throughout such municipality.
  S  2.  Section  7-704 of the village law, as amended by chapter 742 of
the laws of 1979, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00875-01-1

S. 664                              2

  S 7-704 Purposes in view. Such regulations shall be made in accordance
with a comprehensive plan and  designed  to  lessen  congestion  in  the
streets; to secure safety from fire, panic, floods and other dangers; to
promote  health  and  the general welfare; to provide adequate light and
air;  to  prevent the overcrowding of land; to avoid undue concentration
of population; to make provision for, so far as conditions  may  permit,
the  accommodation  of [solar energy systems and equipment and access to
sunlight necessary therefor] RENEWABLE ENERGY RESOURCES, WHICH  FOR  THE
PURPOSES  OF  THIS  SECTION  SHALL INCLUDE SOLAR THERMAL, PHOTOVOLTAICS,
WIND, HYDROELECTRIC, GEOTHERMAL ELECTRIC, GEOTHERMAL GROUND SOURCE HEAT,
TIDAL ENERGY, WAVE ENERGY, OCEAN THERMAL, AND FUEL CELLS USING RENEWABLE
FUELS; to facilitate the adequate provision  of  transportation,  water,
sewerage, schools, parks and other public requirements. Such regulations
shall  be  made with reasonable consideration, among other things, as to
the character of the district and its peculiar suitability  for  partic-
ular  uses,  and  with  a  view to conserving the value of buildings and
encouraging the most appropriate use of  land  throughout  such  munici-
pality.
  S 3. This act shall take effect immediately.

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Senate Bill S664

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Sponsored By

George D. Maziarz