|SAME AS||SAME AS S03888|
|COSPNSR||Sweeney, Englebright, Rivera N, Dinowitz, Spano, Rivera P, Gunther, Ortiz, Abinanti, Weprin, Moya, Rosenthal, Colton, Galef, Roberts|
|MLTSPNSR||Aubry, Castelli, Farrell, Gabryszak, Gibson, Glick, Linares, Lupardo, McDonough, McEneny, Montesano, Thiele|
|Amd S27-2107, En Con L|
|Relates to mercury-added consumer products.|
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STATE OF NEW YORK ________________________________________________________________________ 668 2011-2012 Regular Sessions IN ASSEMBLY (Prefiled) January 5, 2011 ___________ Introduced by M. of A. JAFFEE, SWEENEY -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to mercury-added consumer products The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 8 of section 27-2107 of the environmental 2 conservation law, as added by chapter 676 of the laws of 2005, is 3 amended to read as follows: 4 8. On or after January first, two thousand [ eight, but no later than5 February twentieth, two thousand eight, and thereafter upon written6 request, but not more than once a year, the commissioner shall issue a7 written finding as to whether non-mercury alternatives are comparable in8 price to, are as effective in performance as, and are as accurate and9 precise as] twelve, no person shall sell, offer for sale or distribute 10 any mercury [ sphygmomanometers] sphygmomanometer, mercury wetted reed 11 [ relays] relay, mercury flame [ sensors] sensor, mercury [ thermometers12 other than thermometers prohibited from sale pursuant to subdivision two13 of this section] thermometer, or mercury [ thermostats] thermostat, 14 except for mercury thermostats used by a blind or visually impaired 15 person. [ Upon making an affirmative finding that a non-mercury alterna-16 tive is comparable in price to, is as effective in performance as, and17 is as accurate and precise as any mercury-added consumer product deline-18 ated in this subdivision, no person shall sell, offer for sale or19 distribute such mercury-added consumer product for which the commission-20 er has made such an affirmative finding.] The provisions of this subdi- 21 vision shall not apply to the sale or distribution of any mercury-added 22 consumer product delineated in this subdivision [ for which the commis-23 sioner has made such an affirmative finding,] if such product is used to 24 replace a product that is a component in a larger product in use prior EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03978-01-1A. 668 2 1 to [ the issuance of such affirmative finding] January first, two thou- 2 sand twelve or the resale of any mercury-added consumer product deline- 3 ated in this subdivision[ , for which the commissioner has made such an4 affirmative finding,] manufactured prior to [ the issuance of such affir-5 mative finding] January first, two thousand twelve. 6 § 2. Section 27-2107 of the environmental conservation law is amended 7 by adding a new subdivision 10 to read as follows: 8 10. The department may grant a waiver from the provisions of subdivi- 9 sion eight of this section upon request by the manufacturer of a mercu- 10 ry-added consumer product. 11 (a) An application for a waiver shall be in the form prescribed by the 12 department and document the basis for the requested waiver or renewal of 13 a waiver and describe how the manufacturer will ensure that a system 14 exists for the proper collection, transportation and processing of the 15 mercury-added consumer products at the end of their useful life. 16 (b) The application must include at a minimum, information that demon- 17 strates: 18 (i) there are no non-mercury alternatives that are comparable in price 19 to, are as effective in performance as, or are as accurate and precise 20 as the identified mercury-added consumer product; 21 (ii) the use of the mercury-added consumer product provides a net 22 benefit to the environment, public health, or public safety when 23 compared to a non-mercury alternative; or 24 (iii) there are other factors affecting the use of non-mercury alter- 25 natives. 26 (c) The manufacturer must notify the regional multi-state clearing- 27 house, as identified in section 27-2115 of this title, of its request 28 for a waiver pursuant to this subdivision and provide the clearinghouse 29 with the information required in its waiver application. 30 (d) The department may grant or deny, in whole or in part, a request 31 for a waiver. In determining whether to grant or deny a waiver or waiver 32 renewal, the department may consult with the clearinghouse, other 33 states, or regional governmental organizations to promote consistency in 34 the implementation of this subdivision. 35 (e) Waivers shall be granted for a period not to exceed two years. 36 Upon a request by the manufacturer, the department may renew a waiver 37 for a period not to exceed two years if the department finds that the 38 manufacturer continues to meet the requirements for a waiver, that the 39 manufacturer has complied with all conditions of the original waiver, 40 and the manufacturer demonstrates that reasonable efforts have been made 41 to remove mercury from the product subject to the waiver. 42 § 3. This act shall take effect immediately; provided, however, that 43 any written findings of the commissioner of environmental conservation 44 issued pursuant to subdivision 8 of section 27-2107 of the environmental 45 conservation law, as it existed prior to the amendments made by section 46 one of this act, shall remain in full force and effect until January 1, 47 2012 and upon that date shall be deemed repealed.