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SB890 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                    IN SENATE
                                     January 7, 2015
        Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          disposal  of  mercury-containing lamps and manufacturer collection and
          recycling programs
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section 27-2113 of the environmental conservation law, as
     2  added by chapter 145 of the laws of 2004, subdivision 1  as  amended  by
     3  chapter 676 of the laws of 2005, is amended to read as follows:
     4  § 27-2113. Exemptions.
     5    [1.] The provisions of this title shall not apply to photographic film
     6  and paper, pharmaceutical products, biological products or any substance
     7  that  may be lawfully sold over the counter without a prescription under
     8  the federal Food, Drug and Cosmetic Act, 21 USC  301  et  seq.  For  the
     9  purposes of this subdivision, "biological product" means a virus, thera-
    10  peutic  serum,  toxin,  antitoxin,  vaccine,  blood,  blood component or
    11  derivative, allergenic product or an analogous product, or arsphenamine,
    12  or any other trivalent organic arsenic compound used for the prevention,
    13  treatment or cure of a disease or condition of human beings.
    14    [2. The provisions of subdivision one of section 27-2105 of this title
    15  shall not apply to mercury-containing lamps discarded by households.
    16    3. The provisions of subdivision one of section 27-2105 of this  title
    17  shall  not  apply to mercury-containing lamps discarded by a small busi-
    18  ness if such small business discards no more than  fifteen  mercury-con-
    19  taining  lamps  per  month.  For the purposes of this subdivision "small
    20  business" means any business which is resident in this state,  independ-
    21  ently  owned  and operated, not dominant in its field, and employing not
    22  more than one hundred individuals.]
    23    § 2. The environmental conservation law is amended  by  adding  a  new
    24  section 27-2119 to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 890                              2
     1  § 27-2119. Mercury lamp collection program.
     2    1. Definitions. "Producer" means a person that:
     3    (a) Has or had legal ownership of the brand, brand name or co-brand of
     4  a mercury-containing lamp sold in or into this state;
     5    (b) Imports or has imported mercury-containing lamps; or
     6    (c) Makes or made an unbranded mercury-containing lamp that is sold or
     7  has been sold in or into this state.
     8    2. Producer responsibilities. (a) Every producer of mercury-containing
     9  lamps  sold  in  or into this state shall, individually or collectively,
    10  and not later than June first, two thousand seventeen, submit a plan  to
    11  the  department  for  approval  that  describes a collection program for
    12  out-of-service mercury-containing lamps. The  collection  program  shall
    13  not  involve  any  direct  cost  to  households  or small businesses for
    14  participating in the program. The collection program shall at a  minimum
    15  include:  the  identity  of  collection,  transportation  and processing
    16  service providers, including consideration given to existing residential
    17  curbside collection infrastructure and mailback systems as an  appropri-
    18  ate  collection  mechanism;  how  mercury and other hazardous substances
    19  will be handled for collection through final disposition; the use of any
    20  third party organizations that may conduct all or part of the collection
    21  and recycling program, and the specific responsibilities  of  each  such
    22  organization; and an education and outreach program.
    23    Collection methods may include, but are not limited to, (i) individual
    24  product mail return and/or multiple collection containers and collection
    25  sites  located  at retailers, municipalities for collection at household
    26  hazardous waste collection  facilities,  or  household  hazardous  waste
    27  events;  (ii) the distribution of containers for mercury-containing lamp
    28  collection; and (iii) criteria to ensure that the capture rate  of  out-
    29  of-service mercury-containing lamps is maximized.
    30    (b)  Not  later than December first, two thousand seventeen, producers
    31  of mercury-containing  lamps  shall  implement  the  collection  program
    32  outlined in their plan.
    33    (c)  Beginning  June first, two thousand eighteen, and annually there-
    34  after, each producer of mercury-containing lamps shall submit  a  report
    35  to  the  department  that includes, at a minimum, the following informa-
    36  tion:
    37    (i) the number of mercury-containing lamps collected and  recycled  by
    38  the producer during the previous calendar year;
    39    (ii)  the  estimated  total  amount  of  mercury contained in the lamp
    40  components collected by that producer in the previous calendar year;
    41    (iii) an evaluation of the effectiveness of the producer's  collection
    42  program and any financial incentives; and
    43    (iv)  an accounting of the administrative costs incurred in the course
    44  of administering the collection and recycling program and any  financial
    45  incentive plan.
    46    3. Department responsibilities. (a) Within ninety days of receipt of a
    47  complete  producer plan required by subdivision two of this section, the
    48  department shall review such plan and  approve,  deny  or  approve  with
    49  modifications  each  plan  submitted. The department shall not approve a
    50  plan unless  all  elements  of  subdivision  two  of  this  section  are
    51  adequately  addressed.  In reviewing a plan, the department may consider
    52  the consistency of the plan with collection in other states and consider
    53  consistency between producer programs. In reviewing plans,  the  depart-
    54  ment  shall  ensure that education and outreach programs are uniform and
    55  consistent to ensure ease of implementation.

        S. 890                              3
     1    (b) The department shall maintain and post on its website  a  list  of
     2  entities  and locations that serve as collection points for mercury-con-
     3  taining lamps.
     4    (c)  In  conjunction with the educational and outreach programs imple-
     5  mented by  producers,  the  department  may  conduct  an  education  and
     6  outreach  program  directed  at  retailers and homeowners to promote the
     7  collection of discarded mercury-containing lamps.
     8    (d) By December first, two thousand eighteen, and annually thereafter,
     9  the department  shall  post  a  report  on  its  website  detailing  the
    10  collection  and recycling of mercury-containing lamps in the state. Such
    11  report  shall  include  an  evaluation  of  the  effectiveness  of   the
    12  collection  and recycling programs, and information on actual collection
    13  rates.
    14    § 3. This act shall take effect  immediately,  provided  however  that
    15  section one of this act shall take effect January 1, 2017.
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