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

                                 2048--A
                                                        Cal. No. 113

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of A. KAVANAGH, COLTON, JAFFEE, ABINANTI, ROSENTHAL,
  SWEENEY, OTIS, ROZIC -- Multi-Sponsored by -- M. of A.  GALEF,  THIELE
  --  read once and referred to the Committee on Environmental Conserva-
  tion -- advanced to a third reading, amended  and  ordered  reprinted,
  retaining its place on the order of third reading

AN  ACT  to amend the environmental conservation law, in relation to the
  reduction of mercury in mercury-added lamps

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

  Section  1.   Section 27-2101 of the environmental conservation law is
amended by adding five new subdivisions 30, 31, 32, 33, and 34  to  read
as follows:
  30.  "MERCURY-ADDED  LAMP"  MEANS AN ELECTRIC LAMP TO WHICH MERCURY OR
MERCURY COMPOUNDS ARE INTENTIONALLY ADDED DURING THE MANUFACTURING PROC-
ESS, INCLUDING, BUT NOT LIMITED TO, COMPACT FLUORESCENT LAMPS,  FLUORES-
CENT LAMPS AND TUBULAR FLUORESCENT LAMPS WITH NORMAL OR LONG LIFETIME.
  31. "PRODUCER OF MERCURY-ADDED LAMPS" MEANS ANY PERSON WHO:
  (A) MANUFACTURES AND SELLS MERCURY-ADDED LAMPS UNDER ITS OWN BRAND;
  (B) RESELLS UNDER ITS OWN BRAND EQUIPMENT PRODUCED BY OTHER SUPPLIERS,
A  RESELLER NOT BEING REGARDED AS THE PRODUCER OF MERCURY-ADDED LAMPS IF
THE BRAND OF THE PRODUCER OF MERCURY-ADDED LAMPS APPEARS ON  THE  EQUIP-
MENT, AS PROVIDED FOR IN PARAGRAPH (A) OF THIS SUBDIVISION; OR
  (C)  SERVES AS THE IMPORTER OR DOMESTIC DISTRIBUTOR OF A MERCURY-ADDED
LAMP IF THE BRAND NAME OWNER IS LOCATED OUTSIDE OF THE UNITED STATES.
  32. "GENERAL PURPOSE LIGHTS" MEANS LAMPS, BULBS, TUBES, OR OTHER ELEC-
TRIC DEVICES THAT PROVIDE FUNCTIONAL ILLUMINATION  FOR  INDOOR  RESIDEN-
TIAL,  INDOOR  COMMERCIAL, AND OUTDOOR USE. GENERAL PURPOSE LIGHTS SHALL
NOT INCLUDE SPECIAL PURPOSE LIGHTS.
  33. "SPECIAL PURPOSE LIGHTS" MEANS THE FOLLOWING  SPECIALTY  LIGHTING:
APPLIANCE,  BLACK  LIGHT,  GERMICIDAL, BUG, COLORED, INFRARED, LEFT-HAND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD02320-03-3

A. 2048--A                          2

THREAD, MARINE, MARINE'S SIGNAL  SERVICE,  MINE  SERVICE,  PLANT  LIGHT,
REFLECTOR,  REPROGRAPHIC, ROUGH SERVICE, SHATTER-RESISTANT, COLD TEMPER-
ATURE, SIGN SERVICE, SILVER BOWL, SHOWCASE, THREE-WAY,  TRAFFIC  SIGNAL,
AND VIBRATION SERVICE.
  34.  "LONG  LIFETIME"  MEANS MORE THAN TWENTY-FOUR THOUSAND HOURS WHEN
TESTED ON A T8 INSTANT START BALLAST, A T12 RAPID START BALLAST, OR A T5
PROGRAMMED START BALLAST, AND  TURNED  ON  AND  OFF  EVERY  THREE  HOURS
("THREE HOUR STARTS").
  S  2. Section 27-2107 of the environmental conservation law is amended
by adding two new subdivisions 11 and 12 to read as follows:
  11. ON AND AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, NO  PRODUCER  OF
MERCURY-ADDED LAMPS SHALL SELL, OFFER FOR SALE, OR DISTRIBUTE SUCH LAMPS
THAT  FAIL  TO MEET MERCURY CONTENT STANDARDS ADOPTED BY THE DEPARTMENT,
AND FOR THE FOLLOWING GENERAL PURPOSE LIGHTS, MERCURY CONTENT  SHALL  BE
NO HIGHER THAN:
  (A)  2.5  MILLIGRAMS  FOR  COMPACT  FLUORESCENT LAMPS LESS THAN THIRTY
WATTS;
  (B) 3.5 MILLIGRAMS FOR STRAIGHT FLUORESCENT T8  LAMPS  WITH  A  NORMAL
LIFETIME  (EXCLUDING  8-FOOT  MODELS)  AND  3.0  MILLIGRAMS FOR STRAIGHT
FLUORESCENT T5 LAMPS WITH A NORMAL LIFETIME;
  (C) 5.0 MILLIGRAMS FOR STRAIGHT FLUORESCENT T8 AND  T5  LAMPS  WITH  A
LONG LIFETIME;
  (D)  15.0  MILLIGRAMS FOR NON-LINEAR FLUORESCENT T8, T5, AND T12 LAMPS
AND 8-FOOT LINEAR FLUORESCENT LAMPS (EXCLUDING VERY HIGH OUTPUT MODELS);
  12. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN,  MERCURY
CONTENT  STANDARDS ESTABLISHED IN ACCORDANCE WITH THIS SECTION SHALL NOT
APPLY TO SPECIAL PURPOSE LIGHTS.
  S 3. Subdivision 1 of section 71-2724 of the  environmental  conserva-
tion  law,  as  added  by chapter 145 of the laws of 2004, is amended to
read as follows:
  1. Any person who knowingly or intentionally violates any provision of
or fails to perform any duty pursuant to  title  twenty-one  of  article
twenty-seven  of this chapter, except subdivision one of section 27-2105
AND SUBDIVISION ELEVEN OF SECTION 27-2107 of this  chapter,  shall  upon
the  first finding of such a violation be liable for a civil penalty not
to exceed one hundred dollars. Any  person  convicted  of  a  second  or
subsequent  violation  shall be liable for a civil penalty not to exceed
five hundred dollars for each violation.
  S 4. Subdivision 2 of section 71-2724 of the  environmental  conserva-
tion  law,  as  added  by chapter 145 of the laws of 2004, is amended to
read as follows:
  2. Any person who knowingly or  intentionally  violates  or  fails  to
perform any duty imposed by subdivision one of section 27-2105 OR SUBDI-
VISION  ELEVEN  OF  SECTION 27-2107 of this chapter shall upon the first
finding of such a  violation  be  provided  with  educational  materials
describing  the  requirements  for  mercury  disposal and the effects of
improper mercury disposal, and be warned that  future  violations  shall
result  in  the  imposition  of a fine. Any person convicted of a second
violation shall be liable for  a  civil  penalty  not  to  exceed  fifty
dollars. Any person convicted of a third violation shall be liable for a
civil  penalty  not to exceed seventy-five dollars. Any person convicted
of a fourth or subsequent violation shall be liable for a civil  penalty
not to exceed one hundred dollars for each violation.
  S  5.  This act shall take effect immediately.  Effective immediately,
the department of environmental conservation shall promulgate any  regu-
lations necessary to implement the provisions of this act.