New York State Assembly

 
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A09740 Summary:

A09740 Actions:

A09740 Committee Votes:

Committee:ENVIRONMENTAL CONSERVATION   Chair:Englebright      
DATE:03/20/2018AYE/NAY:30/0  Action: Favorable refer to committee Codes        
Englebright
Aye
Stec
Aye
Glick
Aye
Butler
Aye
Colton
Aye
Raia
Aye
Cymbrowitz
Aye
Palumbo
Aye
Lifton
Aye
Miller ML
Aye
O'Donnell
Aye
Miller B 
Aye
Peoples-Stokes
Aye
Garbarino
Aye
Gunther
Aye
Walter
Aye
Jaffee
Aye
Titone
Aye
Crespo
Aye
Thiele
Aye
Abinanti
Aye
Ryan
Aye
Fahy
Aye
Rozic
Aye
Otis
Aye
Williams
Aye
Barrett
Aye
D'Urso
Aye
Carroll
Aye
Pellegrino
Aye

Committee:CODES   Chair:Lentol      
DATE:04/17/2018AYE/NAY:21/1  Action: Favorable         
Lentol
Aye
Curran
Aye
Schimminger
Aye
Giglio
Aye
Pretlow
Aye
Montesano
Nay
Cook
Aye
Morinello
Aye
Cymbrowitz
Aye
Palumbo
Aye
Titus
Aye
Garbarino
Aye
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye

A09740 Floor Votes:

A09740 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9740
 
                   IN ASSEMBLY
 
                                    February 5, 2018
                                       ___________
 
        Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
          Committee on Environmental Conservation
 
        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
    22  thread,  marine,  marine's  signal  service,  mine service, plant light,
    23  reflector, reprographic, rough service, shatter-resistant, cold  temper-
    24  ature,  sign  service, silver bowl, showcase, three-way, traffic signal,
    25  and vibration service.
    26    34. "Long lifetime" means more than twenty-four  thousand  hours  when
    27  tested on a T8 instant start ballast, a T12 rapid start ballast, or a T5
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01411-03-8
        A. 9740                             2
 
     1  programmed  start  ballast,  and  turned  on  and  off every three hours
     2  ("three hour starts").
     3    §  2. Section 27-2107 of the environmental conservation law is amended
     4  by adding two new subdivisions 11 and 12 to read as follows:
     5    11. On and after January first, two thousand nineteen, no producer  of
     6  mercury-added lamps shall sell, offer for sale, or distribute such lamps
     7  that  fail  to meet mercury content standards adopted by the department,
     8  and for the following general purpose lights, mercury content  shall  be
     9  no higher than:
    10    (a)  2.5  milligrams  for  compact  fluorescent lamps less than thirty
    11  watts;
    12    (b) 3.5 milligrams for straight fluorescent T8  lamps  with  a  normal
    13  lifetime  (excluding  8-foot  models)  and  3.0  milligrams for straight
    14  fluorescent T5 lamps with a normal lifetime;
    15    (c) 5.0 milligrams for straight fluorescent T8 and  T5  lamps  with  a
    16  long lifetime;
    17    (d)  15.0  milligrams for non-linear fluorescent T8, T5, and T12 lamps
    18  and 8-foot linear fluorescent lamps (excluding very high output models);
    19    12. On or before December thirty-first, two thousand nineteen, mercury
    20  content standards established in accordance with this section shall  not
    21  apply to special purpose lights.
    22    §  3.  Subdivision 1 of section 71-2724 of the environmental conserva-
    23  tion law, as added by chapter 145 of the laws of  2004,  is  amended  to
    24  read as follows:
    25    1. Any person who knowingly or intentionally violates any provision of
    26  or  fails  to  perform  any duty pursuant to title twenty-one of article
    27  twenty-seven of this chapter, except subdivision one of section  27-2105
    28  and  subdivision  eleven  of section 27-2107 of this chapter, shall upon
    29  the first finding of such a violation be liable for a civil penalty  not
    30  to  exceed  one  hundred  dollars.  Any  person convicted of a second or
    31  subsequent violation shall be liable for a civil penalty not  to  exceed
    32  five hundred dollars for each violation.
    33    §  4.  Subdivision 2 of section 71-2724 of the environmental conserva-
    34  tion law, as added by chapter 145 of the laws of  2004,  is  amended  to
    35  read as follows:
    36    2.  Any  person  who  knowingly  or intentionally violates or fails to
    37  perform any duty imposed by subdivision one of section 27-2105 or subdi-
    38  vision eleven of section 27-2107 of this chapter shall  upon  the  first
    39  finding  of  such  a  violation  be  provided with educational materials
    40  describing the requirements for mercury  disposal  and  the  effects  of
    41  improper  mercury  disposal,  and be warned that future violations shall
    42  result in the imposition of a fine. Any person  convicted  of  a  second
    43  violation  shall  be  liable  for  a  civil  penalty not to exceed fifty
    44  dollars. Any person convicted of a third violation shall be liable for a
    45  civil penalty not to exceed seventy-five dollars. Any  person  convicted
    46  of  a fourth or subsequent violation shall be liable for a civil penalty
    47  not to exceed one hundred dollars for each violation.
    48    § 5. This act shall take effect immediately.   Effective  immediately,
    49  the  department of environmental conservation shall promulgate any regu-
    50  lations necessary to implement the provisions of this act.