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A02048 Summary:

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A02048 Floor Votes:

A02048 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2048--A
                                                                Cal. No. 113
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by  M.  of A. KAVANAGH, COLTON, JAFFEE, ABINANTI, ROSENTHAL,
          SWEENEY, OTIS, ROZIC -- Multi-Sponsored by -- M. of A.  GALEF,  THIELE
          --  read once and referred to the Committee on Environmental Conserva-

          tion -- advanced to a third reading, amended  and  ordered  reprinted,
          retaining its place on the order of third reading
 
        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:
 
     1    Section  1.   Section 27-2101 of the environmental conservation law is
     2  amended by adding five new subdivisions 30, 31, 32, 33, and 34  to  read
     3  as follows:
     4    30.  "Mercury-added  lamp"  means an electric lamp to which mercury or
     5  mercury compounds are intentionally added during the manufacturing proc-
     6  ess, including, but not limited to, compact fluorescent lamps,  fluores-
     7  cent lamps and tubular fluorescent lamps with normal or long lifetime.

     8    31. "Producer of mercury-added lamps" means any person who:
     9    (a) manufactures and sells mercury-added lamps under its own brand;
    10    (b) resells under its own brand equipment produced by other suppliers,
    11  a  reseller not being regarded as the producer of mercury-added lamps if
    12  the brand of the producer of mercury-added lamps appears on  the  equip-
    13  ment, as provided for in paragraph (a) of this subdivision; or
    14    (c)  serves as the importer or domestic distributor of a mercury-added
    15  lamp if the brand name owner is located outside of the United States.
    16    32. "General purpose lights" means lamps, bulbs, tubes, or other elec-
    17  tric devices that provide functional illumination  for  indoor  residen-

    18  tial,  indoor  commercial, and outdoor use. General purpose lights shall
    19  not include special purpose lights.
    20    33. "Special purpose lights" means the following  specialty  lighting:
    21  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.
                                                                   LBD02320-03-3
        A. 2048--A                          2
 
     1  thread, marine, marine's signal  service,  mine  service,  plant  light,
     2  reflector,  reprographic, rough service, shatter-resistant, cold temper-
     3  ature, sign service, silver bowl, showcase, three-way,  traffic  signal,

     4  and vibration service.
     5    34.  "Long  lifetime"  means more than twenty-four thousand hours when
     6  tested on a T8 instant start ballast, a T12 rapid start ballast, or a T5
     7  programmed start ballast, and  turned  on  and  off  every  three  hours
     8  ("three hour starts").
     9    §  2. Section 27-2107 of the environmental conservation law is amended
    10  by adding two new subdivisions 11 and 12 to read as follows:
    11    11. On and after January first, two thousand fifteen, no  producer  of
    12  mercury-added lamps shall sell, offer for sale, or distribute such lamps
    13  that  fail  to meet mercury content standards adopted by the department,
    14  and for the following general purpose lights, mercury content  shall  be
    15  no higher than:

    16    (a)  2.5  milligrams  for  compact  fluorescent lamps less than thirty
    17  watts;
    18    (b) 3.5 milligrams for straight fluorescent T8  lamps  with  a  normal
    19  lifetime  (excluding  8-foot  models)  and  3.0  milligrams for straight
    20  fluorescent T5 lamps with a normal lifetime;
    21    (c) 5.0 milligrams for straight fluorescent T8 and  T5  lamps  with  a
    22  long lifetime;
    23    (d)  15.0  milligrams for non-linear fluorescent T8, T5, and T12 lamps
    24  and 8-foot linear fluorescent lamps (excluding very high output models);
    25    12. On or before December thirty-first, two thousand fifteen,  mercury
    26  content  standards established in accordance with this section shall not
    27  apply to special purpose lights.

    28    § 3. Subdivision 1 of section 71-2724 of the  environmental  conserva-
    29  tion  law,  as  added  by chapter 145 of the laws of 2004, is amended to
    30  read as follows:
    31    1. Any person who knowingly or intentionally violates any provision of
    32  or fails to perform any duty pursuant to  title  twenty-one  of  article
    33  twenty-seven  of this chapter, except subdivision one of section 27-2105
    34  and subdivision eleven of section 27-2107 of this  chapter,  shall  upon
    35  the  first finding of such a violation be liable for a civil penalty not
    36  to exceed one hundred dollars. Any  person  convicted  of  a  second  or
    37  subsequent  violation  shall be liable for a civil penalty not to exceed
    38  five hundred dollars for each violation.
    39    § 4. Subdivision 2 of section 71-2724 of the  environmental  conserva-
    40  tion  law,  as  added  by chapter 145 of the laws of 2004, is amended to

    41  read as follows:
    42    2. Any person who knowingly or  intentionally  violates  or  fails  to
    43  perform any duty imposed by subdivision one of section 27-2105 or subdi-
    44  vision  eleven  of  section 27-2107 of this chapter shall upon the first
    45  finding of such a  violation  be  provided  with  educational  materials
    46  describing  the  requirements  for  mercury  disposal and the effects of
    47  improper mercury disposal, and be warned that  future  violations  shall
    48  result  in  the  imposition  of a fine. Any person convicted of a second
    49  violation shall be liable for  a  civil  penalty  not  to  exceed  fifty
    50  dollars. Any person convicted of a third violation shall be liable for a
    51  civil  penalty  not to exceed seventy-five dollars. Any person convicted
    52  of a fourth or subsequent violation shall be liable for a civil  penalty

    53  not to exceed one hundred dollars for each violation.
    54    §  5.  This act shall take effect immediately.  Effective immediately,
    55  the department of environmental conservation shall promulgate any  regu-
    56  lations necessary to implement the provisions of this act.