Relates to mercury-added consumer products; repealer

3 Co-sponsors

• Tony Avella
• Thomas K. Duane
• Bill Perkins

BILL NUMBER:S3888

Title of bill

An act to amend the environmental conservation law, in relation to mercury-added consumer products

Purpose or general idea of bill

The purpose of this bill is to provide a technical amendment to the law restricting the sale of certain mercury-added products.

Summary of specific provisions

This bill would:

* remove, beginning January 1, 2012, the requirement that the Commissioner of the Department of Environmental Conservation (DEC) make an affirmative finding that there are non-mercury alternative products prior to prohibiting the sale of mercury containing sphygmomanometers, relays, flame sensors and thermostats;

* authorize DEC to grant a waiver upon request by the manufacturer and information demonstrating:

* there are no non-mercury alternatives comparable in price, effect or accuracy; or,

* the use of mercury-added products provides a net benefit to the environment, public health, or public safety;

* there are other factors affecting the use of non-mercury alternatives; and

* permit DEC to grant waivers and renewals for a renewals for a period not to exceed two years.

JUSTIFICATION:; The law enacted in 2004 authorized a ban of certain mercury-containing products upon a finding by the Department that there were mercury-free alternatives. At a hearing held by the Assembly Environmental Conservation Committee in 2009, the Department testified that they were unable to make such a finding because of the myriad of products available. Other states, including Maine and Wisconsin, have adopted bans without requiring such an affirmative finding. This legislation follows those models and better reflects the intent of the 2004 legislation.

This bill would protect the environment and public health by prohibiting the sale of certain products that contain mercury, and ensuring that such products are properly disposed of when they are no longer in service.

Prior legislative history

2010: A.11145 (Jaffee) - Referred to Environmental Conservation Committee.

Fiscal implications

None to the state.

Effective date

This act shall take effect immediately. However, any written findings of the Commissioner of Environmental Conservation shall remain in full force and effect until January 1, 2012.