NY State Senate Bill 2015-S3261A

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 19, 2016	print number 3261a
Jan 19, 2016	amend and recommit to environmental conservation
Jan 06, 2016	referred to environmental conservation
Feb 04, 2015	referred to environmental conservation

Bill Amendments

Original

A (Active)

co-Sponsors

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2015-S3261 - Details

See Assembly Version of this Bill:: A5844
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§27-2101, 27-2107 & 71-2724, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A10100
2011-2012: A5583
2013-2014: S7456, A2048
2017-2018: S4636, S8077, A2875, A9740
2019-2020: S2139, A2501

2015-S3261 - Summary

Relates to the reduction of mercury in mercury-added lamps.

2015-S3261 - Sponsor Memo

                                BILL NUMBER:S3261

TITLE OF BILL:

An act to amend the environmental conservation law, in relation to the
reduction of mercury in mercury-added lamps

PURPOSE OR GENERAL IDEA OF BILL:

To address the serious health risks posed to New York State residents
by the amount of mercury in mercury-added lamps.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 27-2101 of the environmental
conservation law by adding new subdivisions thirty, thirty-one,
thirty-two, thirty-three, and thirty-four to define "mercury-added
lamp," "producer of mercury-added lamps," "general purpose lights,"
"special purpose lights," and "long lifetime."

Section 2 of the bill amends section 27-2107 of the environmental
conservation law by adding new subdivisions eleven and twelve.
Subdivision eleven prohibits the sale or distribution of mercury-added
lamps that fail to meet mercury content standards adopted by the
department after January 1, 2015, and establishes maximum mercury
content for general purpose lights. Subdivision twelve exempts special

purpose lights from mercury content standards until December 31, 2015.

Section 3 of the bill amends subdivision one of section 71-2724 of the
environmental conservation law to exclude subdivision eleven of
section 27-2710 of the environmental conservation law from the
penalties set forth therein.

Section 4 of the bill amends subdivision two of section 71-2724 of the
environmental conservation law to exclude subdivision eleven of
section 27-2107 from the penalties set forth therein.

Section 5 of the bill sets forth the effective date.

JUSTIFICATION:

The amount of mercury contained within mercury-added lamps poses a
potential health risk. When a mercury-added lamp breaks, it releases
mercury, which is a hazardous material dangerous to human health and
the environment. Breakage can occur during normal use, transportation,
and end-of-life management. This legislation would ensure that
mercury-added lamps sold in New York State do not contain excessive
levels of mercury.

The European Union, California, Maine, and Vermont have adopted laws
that set maximum mercury content limits for compact fluorescent lamps
(CFLs), tubular fluorescent lamps that are linear, circular or another
shape, high-pressure sodium lamps, and a variety of other
mercury-added lamps. The National Electrical Manufacturers Association
(NEMA) has also recommended mercury content limits for mercury-added
lamps, and many of its member organizations have voluntarily complied.


In 2005, New York banned the disposal of mercury-added consumer
products in solid waste management facilities. However, the law
exempted mercury-containing lamps discarded by households. In the
absence of a convenient collection program for discarded mercury
lamps, most of those used for residential purposes are being disposed
of in landfills and incinerators. Restricting the sale of
mercury-added consumer products is consistent with the legislative
recommendations of New York's Sustainable Materials Management Policy
which was adopted in December 2010.

LEGISLATIVE HISTORY:

2013: A02048A (Kavanagh) Environmental Conservation
2012:  A05583B (Kavanagh) - Rules
2011: A05583 (Kavanagh) Codes
2010: A10100C (Kavanagh) - Environmental Conservation

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately. Effective immediately, the
department of environmental conservation may promulgate any
regulations necessary to implement the provisions of this act.

2015-S3261 - Bill Text download pdf

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

                                  3261

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 4, 2015
                               ___________

Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

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
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01925-02-5

S. 3261                             2

  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 SIXTEEN, 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 SIXTEEN,  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.

co-Sponsors

View additional co-sponsors

2015-S3261A (ACTIVE) - Details

See Assembly Version of this Bill:: A5844
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§27-2101, 27-2107 & 71-2724, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A10100
2011-2012: A5583
2013-2014: S7456, A2048
2017-2018: S4636, S8077, A2875, A9740
2019-2020: S2139, A2501

2015-S3261A (ACTIVE) - Summary

Relates to the reduction of mercury in mercury-added lamps.

2015-S3261A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3261A

 TITLE OF BILL :

An act to amend the environmental conservation law, in relation to the
reduction of mercury in mercury-added lamps

 PURPOSE :

To address the serious health risks posed to New York State residents
by the amount of mercury in mercury-added lamps.

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends section 27-2101 of the environmental
conservation law by adding new subdivisions thirty, thirty-one,
thirty-two, thirty-three, and thirty-four to define "mercury-added
lamp," "producer of mercury-added lamps," "general purpose lights,"
"special purpose lights," and "long lifetime."

Section 2 of the bill amends section 27-2107 of the environmental
conservation law by adding new subdivisions eleven and twelve.
Subdivision eleven prohibits the sale or distribution of mercury-added
lamps that fail to meet mercury content standards adopted by the
department after January 1, 2017, and establishes maximum mercury
content for general purpose lights. Subdivision twelve exempts special

purpose lights from mercury content standards until December 31, 2017.

Section 3 of the bill amends subdivision one of section 71-2724 of the
environmental conservation law to exclude subdivision eleven of
section 27-2710 of the environmental conservation law from the
penalties set forth therein.

Section 4 of the bill amends subdivision two of section 71-2724 of the
environmental conservation law to exclude subdivision eleven of
section 27-2107 from the penalties set forth therein.

Section 5 of the bill sets forth the effective date.

 EXISTING LAW :

This is a new law.

 JUSTIFICATION :

The amount of mercury contained within mercury-added lamps poses a
potential health risk. When a mercury-added lamp breaks, it releases
mercury, which is a hazardous material dangerous to human health and
the environment. Breakage can occur during normal use, transportation,
and end-of-life management. This legislation would ensure that
mercury-added lamps sold in New York State do not contain excessive
levels of mercury.

The European Union, California, Maine, and Vermont have adopted laws
that set maximum mercury content limits for compact fluorescent lamps
(CFLs), tubular fluorescent lamps that are linear, circular or another
shape, high-pressure sodium lamps, and a variety of other
mercury-added lamps. The National Electrical Manufacturers Association
(NEMA) has also recommended mercury content limits for mercury-added
lamps, and many of its member organizations have voluntarily complied.

In 2005, New York banned the disposal of mercury-added consumer
products in solid waste management facilities. However, the law
exempted mercury-containing lamps discarded by households. In the
absence of a convenient collection program for discarded mercury
lamps, most of those used for residential purposes are being disposed
of in landfills and incinerators. Restricting the sale of
mercury-added consumer products is consistent with the legislative
recommendations of New York's Sustainable Materials Management Policy
which was adopted in December 2010.

 LEGISLATIVE HISTORY :

2014: S7456 (Sanders) Environmental Conversation
2013: A02048A (Kavanagh) Environmental Conservation
2012: A05583B (Kavanagh) Rules
2011: A05583 (Kavanagh) Codes
2010: A10100C (Kavanagh) Environmental Conservation

 FISCAL IMPLICATIONS :

None

 LOCAL FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect immediately. Effective immediately, the
department of environmental conservation may promulgate any
regulations necessary to implement the provisions of this act.

2015-S3261A (ACTIVE) - Bill Text download pdf

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

                                 3261--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 4, 2015
                               ___________

Introduced by Sens. SANDERS, ADDABBO, CARLUCCI, HOYLMAN, LATIMER, PANEP-
  INTO,  SERRANO  -- read twice and ordered printed, and when printed to
  be committed to the Committee on Environmental Conservation --  recom-
  mitted  to  the  Committee on Environmental Conservation in accordance
  with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

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.
                                                           LBD01925-03-6

S. 3261--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 SEVENTEEN, 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 SEVENTEEN, MERCU-
RY  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.

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Senate Bill S3261A

Sponsored By

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

Bill Amendments

co-Sponsors

2015-S3261 - Details

2015-S3261 - Summary

2015-S3261 - Sponsor Memo

2015-S3261 - Bill Text download pdf

co-Sponsors

2015-S3261A (ACTIVE) - Details

2015-S3261A (ACTIVE) - Summary

2015-S3261A (ACTIVE) - Sponsor Memo

2015-S3261A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3261A

Share this bill

Sponsored By

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

Bill Amendments

co-Sponsors

2015-S3261 - Details

2015-S3261 - Summary

2015-S3261 - Sponsor Memo

2015-S3261 - Bill Text download pdf

co-Sponsors

2015-S3261A (ACTIVE) - Details

2015-S3261A (ACTIVE) - Summary

2015-S3261A (ACTIVE) - Sponsor Memo

2015-S3261A (ACTIVE) - Bill Text download pdf

Comments