NY State Senate Bill 2023-S4038

Senate Bill S4038

2023-2024 Legislative Session

Relates to the disposal of mercury-containing lamps and manufacturer collection and recycling programs

download bill text pdf

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to environmental conservation
Feb 02, 2023	referred to environmental conservation

2023-S4038 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §27-2113, add §27-2121, En Con L

2023-S4038 (ACTIVE) - Summary

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

2023-S4038 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4038

SPONSOR: KAVANAGH
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would require producer responsibility for the collection and
recycling of mercury-containing lamps sold in New York State.

 
SUMMARY OF PROVISIONS:

Section one of the bill repeals the exemption of mercury-containing
lamps from prior sections of law guiding the handling and disposal of
mercury-added consumer products.

Section two of the bill would require an extended producer responsibil-
ity program for the collection and recycling of mercury-containing lamps

sold in New York State. Further, this section would require producers of
mercury-containing lamps sold in the state to submit plans to the
Department of Environmental Conservation (DEC) that provide for the
collection and recycling of mercury-containing lamps intended for
disposal. Each manufacturer would be responsible for all costs associ-
ated with the collection and recycling programs and would be required to
report annually to DEC on the implementation of their plan.

Section three of the bill sets forth the effective date.

 
JUSTIFICATION:

Even if we have moved past the days of mercury thermometers, a big
number of household and industrial products still use mercury, including
lighting equipment. A lot of these products end up in landfills where
they are treated as conventional waste, and may liberate dangerous
amounts of this toxic metal to the atmosphere and soil.Mercury compounds
disposed of into landfills are especially hazardous not only because of
their extreme toxicity but also because they can be biomagnified in the
food web. Moreover, mercury can travel the biosphere through air, water
and soil, increasing its danger.

There are currently some voluntary lamp collection programs by large
retail stores, but there are no requirements for recycling and recover-
ing the mercury from such lamps in New York. This bill would ensure that
these mercury-containing products would not enter our landfills, thereby
reducing the potential for contamination of the land and water. The bill
would hold producers, who profit from the sale of these lamps, to be
responsible for the collection and recycling of mercury-containing lamps
at the time of disposal.

 
LEGISLATIVE HISTORY:

2019-20: A2540 (Englebright) - Referred to Environmental Conservation

2017-18: S1556 (Avella) / A1523 (Englebright) - Referred to Environ-
mental Conservation
2015-16: S890 (Avella) / A1906 (Englebright) - Reported to 3rd Reading
Calendar

2013-14: S730 (Avella) / A8464 (Englebright) - Reported to 3rd Reading
Calendar

2012: S7181A (Avella) / A8969A (Maisel) - Reported to 3rd Reading Calen-
dar

2011: A6596 (Spano) - Reported to Codes

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately, provided however that section
one of this act shall take effect January 1, 2024.

2023-S4038 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4038
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2023
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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
   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:
 § 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.]
   § 2. The environmental conservation law is amended  by  adding  a  new
 section 27-2121 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08705-01-3

 S. 4038                             2
 
 § 27-2121. 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 THIS STATE;
   (B) IMPORTS OR HAS IMPORTED MERCURY-CONTAINING LAMPS; OR
   (C) MAKES OR MADE AN UNBRANDED MERCURY-CONTAINING LAMP THAT IS SOLD OR
 HAS BEEN SOLD IN OR INTO THIS STATE.
   2. PRODUCER RESPONSIBILITIES. (A) EVERY PRODUCER OF MERCURY-CONTAINING
 LAMPS  SOLD  IN  OR INTO THIS STATE SHALL, INDIVIDUALLY OR COLLECTIVELY,
 AND NOT LATER THAN JUNE FIRST, TWO THOUSAND TWENTY-FIVE, 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
 PARTICIPATING 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; AND (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 TWENTY-FIVE, PRODUCERS
 OF  MERCURY-CONTAINING  LAMPS  SHALL  IMPLEMENT  THE  COLLECTION PROGRAM
 OUTLINED IN THEIR PLAN.
   (C) BEGINNING JUNE FIRST, TWO THOUSAND TWENTY-SIX, 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; AND
   (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 SUCH PLAN AND  APPROVE,  DENY  OR  APPROVE  WITH
 MODIFICATIONS  EACH  PLAN  SUBMITTED. 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
 THE CONSISTENCY OF THE PLAN WITH COLLECTION IN OTHER STATES AND CONSIDER
 CONSISTENCY BETWEEN PRODUCER PROGRAMS. IN REVIEWING PLANS,  THE  DEPART-
 MENT  SHALL  ENSURE THAT EDUCATION AND OUTREACH PROGRAMS ARE UNIFORM AND
 CONSISTENT TO ENSURE EASE OF IMPLEMENTATION.
 S. 4038                             3
 
   (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 TWENTY-SIX, AND ANNUALLY THEREAFT-
 ER, 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.
   § 3. This act shall take effect  immediately,  provided  however  that
 section one of this act shall take effect January 1, 2024.

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