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SB+5322 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5322--C
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                      May 13, 2015
                                       ___________
 
        Introduced  by  Sens.  MARCELLINO,  HOYLMAN,  LATIMER  -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Environmental Conservation -- recommitted to the Committee on Environ-
          mental  Conservation  in  accordance  with  Senate  Rule  6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted  to  said committee -- committee discharged, bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
 
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          prohibiting mercury-added rotational balancing products
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 37-0113 of the environmental conservation  law,  as
     2  added by chapter 494 of the laws of 2010, is amended to read as follows:
     3  § 37-0113. Lead and mercury-added wheel [weight] weights; prohibited.
     4    1.  On and after April first, two thousand eleven any person replacing
     5  or balancing a tire on a motor vehicle required to be  registered  under
     6  article fourteen of title four of the vehicle and traffic law, shall not
     7  use  a  wheel weight or other product for balancing motor vehicle wheels
     8  if the weight or other balancing product contains more than 0.1  percent
     9  lead by weight.
    10    2.  On  and after April first, two thousand eleven, a person shall not
    11  sell or offer to sell  or  distribute  weights  or  other  products  for
    12  balancing  motor vehicle wheels if the weight or other balancing product
    13  contains more than 0.1 percent lead by weight.
    14    3. On and after April first, two thousand twelve,  a  person  may  not
    15  sell a new motor vehicle that is equipped with a weight or other product
    16  for  balancing  motor  vehicle  wheels  if the weight or other balancing
    17  product contains more than 0.1 percent lead by weight.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04298-09-6

        S. 5322--C                          2
 
     1    4.  On or after April first, two thousand eighteen, any person replac-
     2  ing or balancing a tire on a motor vehicle  required  to  be  registered
     3  under  article  fourteen  of  title four of the vehicle and traffic law,
     4  shall not use a wheel weight or other product for balancing motor  vehi-
     5  cle  wheels  if  the  weight or other balancing product contains mercury
     6  that was intentionally added during the manufacture of the product.
     7    5. On and after April first, two thousand eighteen, a person shall not
     8  sell or offer to sell  or  distribute  weights  or  other  products  for
     9  balancing  motor vehicle wheels if the weight or other balancing product
    10  contains mercury that was intentionally added during the manufacture  of
    11  the product.
    12    6.  For  purposes  of this section, the following terms shall have the
    13  following meanings:
    14    a. "New motor vehicle" means a motor vehicle that is  required  to  be
    15  registered under article fourteen of title four of the vehicle and traf-
    16  fic  law  that  has  not  been  previously  sold  to any person except a
    17  distributor, wholesaler or motor vehicle dealer for resale.
    18    b. "Person" means  any  individual,  firm,  association,  partnership,
    19  corporation, organization, or joint venture.
    20    § 2. This act shall take effect immediately.
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