STATE OF NEW YORK
________________________________________________________________________
2139--B
Cal. No. 75
2019-2020 Regular Sessions
IN SENATE
January 22, 2019
___________
Introduced by Sens. SANDERS, ADDABBO, HOYLMAN, METZGER, SERRANO -- read
twice and ordered printed, and when printed to be committed to the
Committee on Environmental Conservation -- reported favorably from
said committee, ordered to first report, amended on first report,
ordered to a second report and ordered reprinted, retaining its place
in the order of second report -- ordered to a third reading, amended
and ordered reprinted, retaining its place in the order of third read-
ing
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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07150-05-9
S. 2139--B 2
1 33. "Special purpose lights" means the following specialty lighting:
2 appliance, black light, germicidal, colored, plant light, reflector,
3 reprographic, shatter-resistant, cold temperature, sign service, and
4 preheat.
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 twenty-one, no producer
12 of mercury-added lamps shall sell, offer for sale, or distribute such
13 lamps that fail to meet mercury content standards adopted by the depart-
14 ment pursuant to rules and regulations. Such standards shall include
15 what, if any, allowance should be granted for slight variations in the
16 amount of mercury resulting from production variances. For the follow-
17 ing general purpose lights, mercury content shall be no higher than:
18 (a) 2.5 milligrams for screw-based compact fluorescent lamps less than
19 thirty watts;
20 (b) 3.5 milligrams for straight fluorescent T8 lamps with a normal
21 lifetime (excluding 8-foot models) and 3.0 milligrams for straight
22 fluorescent T5 lamps with a normal lifetime;
23 (c) 5.0 milligrams for straight fluorescent T8 and T5 lamps with a
24 long lifetime;
25 (d) 15.0 milligrams for non-linear fluorescent T8, T5, and T12 lamps
26 and 8-foot linear fluorescent lamps (excluding very high output models);
27 12. On or before December thirty-first, two thousand twenty-six,
28 mercury content standards established in accordance with this section
29 shall not apply to special purpose lights.
30 § 3. Subdivision 1 of section 71-2724 of the environmental conserva-
31 tion law, as added by chapter 145 of the laws of 2004, is amended to
32 read as follows:
33 1. Any person who knowingly or intentionally violates any provision of
34 or fails to perform any duty pursuant to title twenty-one of article
35 twenty-seven of this chapter, except subdivision one of section 27-2105
36 and subdivision eleven of section 27-2107 of this chapter, shall upon
37 the first finding of such a violation be liable for a civil penalty not
38 to exceed one hundred dollars. Any person convicted of a second or
39 subsequent violation shall be liable for a civil penalty not to exceed
40 five hundred dollars for each violation.
41 § 4. Subdivision 2 of section 71-2724 of the environmental conserva-
42 tion law, as added by chapter 145 of the laws of 2004, is amended to
43 read as follows:
44 2. Any person who knowingly or intentionally violates or fails to
45 perform any duty imposed by subdivision one of section 27-2105 or subdi-
46 vision eleven of section 27-2107 of this chapter shall upon the first
47 finding of such a violation be provided with educational materials
48 describing the requirements for mercury disposal and the effects of
49 improper mercury disposal, and be warned that future violations shall
50 result in the imposition of a fine. Any person convicted of a second
51 violation shall be liable for a civil penalty not to exceed fifty
52 dollars. Any person convicted of a third violation shall be liable for a
53 civil penalty not to exceed seventy-five dollars. Any person convicted
54 of a fourth or subsequent violation shall be liable for a civil penalty
55 not to exceed one hundred dollars for each violation.
S. 2139--B 3
1 § 5. This act shall take effect immediately. Effective immediately,
2 the addition, amendment and/or repeal of any rule or regulation neces-
3 sary for the implementation of this act on its effective date are
4 authorized to be made and completed on or before such date.
