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A00668 Summary:

COSPNSRSweeney, Englebright, Rivera N, Dinowitz, Spano, Rivera P, Gunther, Ortiz, Abinanti, Weprin, Moya, Rosenthal, Colton, Galef, Roberts
MLTSPNSRAubry, 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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A00668 Text:

                STATE OF NEW YORK
                               2011-2012 Regular Sessions
                   IN ASSEMBLY
                                     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  than
     5  February  twentieth,  two  thousand  eight,  and thereafter upon written
     6  request, but not more than once a year, the commissioner shall  issue  a
     7  written finding as to whether non-mercury alternatives are comparable in
     8  price  to,  are  as effective in performance as, and are as accurate and
     9  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  [thermometers
    12  other than thermometers prohibited from sale pursuant to subdivision two
    13  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,  and
    17  is as accurate and precise as any mercury-added consumer product deline-
    18  ated  in  this  subdivision,  no  person  shall  sell, offer for sale or

    19  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.

        A. 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  an
     4  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.
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