Relates to the reduction of mercury in mercury-added lamps

6 Co-sponsors

• Joseph P. Addabbo Jr.
• David Carlucci
• Brad Hoylman-Sigal
• George Latimer
• Marc Panepinto
• José M. Serrano

Title of bill

An act to amend the environmental conservation law, in relation to the reduction of mercury in mercury-added lamps

Purpose

To address the serious health risks posed to New York State residents by the amount of mercury in mercury-added lamps.

Summary of provisions

Section 1 of the bill amends section 27-2101 of the environmental conservation law by adding new subdivisions thirty, thirty-one, thirty-two, thirty-three, and thirty-four to define "mercury-added lamp," "producer of mercury-added lamps," "general purpose lights," "special purpose lights," and "long lifetime."

Section 2 of the bill amends section 27-2107 of the environmental conservation law by adding new subdivisions eleven and twelve. Subdivision eleven prohibits the sale or distribution of mercury-added lamps that fail to meet mercury content standards adopted by the department after January 1, 2017, and establishes maximum mercury content for general purpose lights. Subdivision twelve exempts special purpose lights from mercury content standards until December 31, 2017.

Section 3 of the bill amends subdivision one of section 71-2724 of the environmental conservation law to exclude subdivision eleven of section 27-2710 of the environmental conservation law from the penalties set forth therein.

Section 4 of the bill amends subdivision two of section 71-2724 of the environmental conservation law to exclude subdivision eleven of section 27-2107 from the penalties set forth therein.

Section 5 of the bill sets forth the effective date.

Existing law

This is a new law.

Justification

The amount of mercury contained within mercury-added lamps poses a potential health risk. When a mercury-added lamp breaks, it releases mercury, which is a hazardous material dangerous to human health and the environment. Breakage can occur during normal use, transportation, and end-of-life management. This legislation would ensure that mercury-added lamps sold in New York State do not contain excessive levels of mercury.

The European Union, California, Maine, and Vermont have adopted laws that set maximum mercury content limits for compact fluorescent lamps (CFLs), tubular fluorescent lamps that are linear, circular or another shape, high-pressure sodium lamps, and a variety of other mercury-added lamps. The National Electrical Manufacturers Association (NEMA) has also recommended mercury content limits for mercury-added lamps, and many of its member organizations have voluntarily complied.

In 2005, New York banned the disposal of mercury-added consumer products in solid waste management facilities. However, the law exempted mercury-containing lamps discarded by households. In the absence of a convenient collection program for discarded mercury lamps, most of those used for residential purposes are being disposed of in landfills and incinerators. Restricting the sale of mercury-added consumer products is consistent with the legislative recommendations of New York's Sustainable Materials Management Policy which was adopted in December 2010.

Legislative history

2014: S7456 (Sanders) Environmental Conversation 2013: A02048A (Kavanagh) Environmental Conservation 2012: A05583B (Kavanagh) Rules 2011: A05583 (Kavanagh) Codes 2010: A10100C (Kavanagh) Environmental Conservation

Fiscal implications

None

Local fiscal implications

None

Effective date

This act shall take effect immediately. Effective immediately, the department of environmental conservation may promulgate any regulations necessary to implement the provisions of this act.