Saturday, March 2, 2002
Bill Summary - A04209
Back | New York State Bill Search | Assembly Home
See Bill Text


A04209 Summary:
SAME AS No same
as


SPONSOR
Brodsky

Saturday, March 2, 2002

Bill Summary - A04209

Back | New York State Bill Search | Assembly Home

See Bill Text


A04209 Summary:
SAME AS No same
as


SPONSOR
Brodsky


COSPNSR Gianaris, Eve, Galef, Dinowitz, Farrell, Grannis, DiNapoli,
Rivera P


MLTSPNSR Boyland, Brennan, Canestrari, Cohen A, Cohen M, Colton,
Cook,
Cymbrowitz, Diaz, Glick, Gottfried, Green, Greene, Gunther,
Higgins,
Lafayette, Lavelle, Luster, Matusow, McEneny, Millman,
Nolan, Ortiz,
Perry, Pheffer, Pretlow, Rhodd-Cummings, Sanders, Sullivan
E,
Weinstein,
Weisenberg


Add Art 15 Title 31 SS15-3101 - 15-3111, Art 27 Title 19 SS27-1901 -
27-1941,
S71-2728, En Con L; amd S16, Ag & Mkts L; add S3238, Ins
L
Enacts "The Mercury Free Water Resources and Mercury Reduction
Management
Strategy Act of 2001"; provides for: disclosure of mercury content,
phase-out
of mercury-added products, disposal prohibition, labelling, source
separation,
collection, requirements for sewage treatment plants, point source
release
containment traps, ban on sale or distribution of certain mercury
products,
replacement of manometers and gas pressure regulators (agriculture
dept. to
handle for dairy industry), regulates dental use and bans health
insurance
discrimination therein, requires lamp recycling; adds all mercury-
added
products to state universal waste rules; provides for a state
advisory
committee on mercury pollution; provides for penalties for
violations.


----------------------------------------------------------------------
----------

A04209 Actions:
02/07/2001referred to environmental
conservation
02/13/2001reported referred to
codes
05/11/2001amend (t) and recommit to
codes
05/11/2001print number
4209a
05/15/2001reported referred to ways and
means
06/05/2001reported referred to
rules
07/17/2001rules report
cal.1117
07/17/2001ordered to third reading rules
cal.1117
01/09/2002referred to environmental
conservation


----------------------------------------------------------------------
----------

A04209 Votes:


----------------------------------------------------------------------
----------

A04209 Memo:
TITLE OF BILL : An act to amend the environmental conservation
law,
the agriculture and markets law, and the insurance law, in relation
to
enacting the Mercury-Free Water Resources and Mercury
Reduction
Management Strategy Act of
2001


GENERAL PURPOSE/IDEA OF BILL : This bill would make
various
provisions to ensure the proper use, reuse, recycling and
management
of products containing mercury and elemental
mercury.


EFFECTS OF PRESENT LAW THIS BILL WOULD ALTER : This bill would
enact
the "Mercury-Free Water Resources and Mercury Reduction
Management
Strategy Act of 2001" by adding a new Title 31 to Article 15 and a
new
Title 19 to Article 27 to the environmental conservation law
("ECL"),
adding a new subdivision 41 to section 16 of the agriculture
and
markets law, and adding a new section 3238 to the insurance
law.


SUMMARY OF SPECIFIC PROVISIONS : Adds a new Title 19 to article
27
of the ECL entitled Comprehensive Management of Waste Mercury
that
includes provisions for the
following:


* Requires manufacturers of mercury-added products to disclose to
the
commissioner of environmental conservation the amount of
mercury
contained in such
products.


* Creates a mercury added product phase out program effective
January
1, 2004, allowing certain products to be granted a phase-out
exemption
by the commissioner. The phase-out exemption shall include a
public
comment period for concerned
citizens.


* Prohibits any mercury-added product to be disposed of in
solid
waste, radioactive waste, medical waste or
wastewater.


* Requires labels on any mercury-added products informing consumers
of
the presence and recycling requirements of
mercury.


* Requires mercury-added products to be source separated from
the
mercury they contain before being placed in any waste disposal area
of
the
state.



* Manufacturers of mercury-added products shall provide a system
of
collection for such products; and shall inform consumers of (1)
the
available system for proper collection of such product, (2) that
state
law prohibits charging a fee for such collection, and (3)
that
disposal of such product in the solid waste of this state
is
prohibited.



* Requires a material data safety sheet for the sale of
elemental
mercury.



* Places a ban on mercury
thermometers.


* Places a ban on mercury-containing toys or
games.


* Phases out the use of mercury-added gas
pressure
regulators/manometers for those entities that may use such
equipment
for the purpose of testing pressure, notably natural gas
lines.


* Directs the department of agriculture to establish a program
to
replace existing mercury containing
manometers.


* Requires dental offices to submit an annual amalgam mercury
report.


* Requires dental offices to post notice regarding the health
risks
associated with mercury
amalgam.
* Requires informed consent by a person to receive mercury
amalgam
fillings.



* Prohibits any health insurer to discriminate against coverage
of
persons choosing to have dental fillings that do not contain
mercury.


* Requires a permit by DEC to operate a mercury-added lamp
recycling
facility.



* Includes mercury in state universal waste
rules.


* Establishes a State Advisory Committee on mercury pollution
that
must report annually to the legislature and Governor on
matters
concerning mercury pollution and cleanup in the
state.


* The provisions of this title shall not apply to households for
two
years upon this bill becoming
law.


Adds a new title 31 to Article 15 of the ECL
that:


* Institutes a program for publicly owned sewage treatment plants
to
measure levels of mercury and develop a monitoring program
for
mercury, and to provide information of customer billing statements
on
mercury discharges and
sources.


* Requires DEC to implement a voluntary mercury pollution
prevention
program to minimize levels of mercury in POTW
discharges.


* Directs DEC to develop acceptable limits on the concentration
of
mercury in sewage sludge and incinerator ash; mercury limits in
the
discharge of sewage treatment plants; and sewage
pretreatment
standards.



* Prohibits any person to discharge mercury through a publicly
owned
sewage treatment plant, accept sludge containing mercury,
discharge
mercury through a publicly owned wastewater treatment plant, or
apply
mercury containing sludge, in greater amounts as determined by
the
department.



* Defines facilities that have the potential to release mercury
into
plumbing systems as a point source, and provides an exemption
for
those facilities that install DEC certified mercury containment
traps.


* Prohibits the discharge of any elemental mercury in any solid
waste
of the state, other then trace amounts allowed by the
department.


* Requires the use of mercury containment traps for plumbing
systems
where the department determines there is a need for such
traps.


* The provisions of this title shall not apply to households for
two
years upon this bill becoming
law.


This bill also incorporates penalties for violators of Title 19 and
31
in the form of civil penalties by adding a new section 71-2728 to
the
ECL. A first penalty shall be in the form of a written warning
and
distribution of informational materials about proper disposal
of
mercury to be determined by the department. Upon a second
violation,
monetary fines are
imposed.


JUSTIFICATION : Mercury is a known neurotoxin that is linked
to
several cognitive and developmental problems in the brain,
spinal
cord, kidneys, lungs, and liver. There is an especially high risk
for
damage to fetuses and young children. In July 2000, the
National
Academy of Sciences (NAS) released a U.S. Congressionally
mandated
report entitled Toxicological Effects of Methylmercury. The
report
states "over 60,000 children a year are born each year at risk
for
adverse neurodevelopmental effects due to in utero exposure
to
methylmercury."



Mercury has been found in all of the waters of New York State,
25
bodies of which, including all of Lake Champlain, in eleven
counties,
have fish consumption advisories because of mercury contamination
(NYS
DOH 2000). These advisories instruct that due to increased risk
of
birth defects and serious health problems, no woman of
childbearing
age, infant, or person under the age of fifteen should eat
certain
species of fish in these twenty-five bodies of water. In addition,
38
bodies of water statewide are listed by the US EPA as
containing
mercury levels to be
dangerous.


Mercury is a tasteless, odorless, invisible (when vaporized)
chemical
that can enter the body through the lungs, mouth or skin. In
addition
to humans, wildlife that ingest fish, such as bald eagles and
loons,
are also highly susceptible to mercury
ingestion.


This legislation was adapted from model mercury legislation
endorsed
by the New England Governor`s Conference and has been introduced
in
various forms in Vermont, New Hampshire, Massachusetts, Maine,
Rhode
Island, Oregon and is being considered by California and
Connecticut.


The bill also includes an important provision to phase out the use
of
mercury-containing gas pressure regulators and manometers
commonly
used for testing pressure in natural gas lines. There have
been
several recent incidents where the improper use of these types
of
equipment has led to large mercury spills in residential
homes,
including Westchester County. Last year, over 300 homes in Chicago,
IL
were found to have mercury contamination from wrongful use of
this
kind of
equipment.



Also, the US EPA has cited a number of Publicly Owned Treatment
works
(POTWs) throughout our state that continually incur violations due
to
unacceptable amounts of mercury pollutants discharged into
our
eco-system. Federal regulations set mercury discharge limits
on
publicly owned discharge plants, however, they allow a choice of
two
monitoring methods. This legislation allows a publicly owned
sewage
treatment plant to monitor the levels of mercury in wastewater that
is
discharged but specifies, however, that the method which detects
with
more precision the amount of mercury discharges must be used.
This
will ensure more accurate information about mercury levels
being
released into the state`s
waters.


This comprehensive legislation will ensure the residents of New York
a
safe and healthy environment while protecting our fragile eco-
system.


FISCAL IMPACT ON STATE/LOCAL GOVERNMENTS : Minimal to the
state.


EFFECTIVE DATE : January first next succeeding the date on which
it
shall have become law; provided that the commissioner of
environmental
conservation is authorized to promulgate any and all rules
and
regulations and take any other measures necessary to implement
this
act on its effective date on or before such date.



COSPNSR Gianaris, Eve, Galef, Dinowitz, Farrell, Grannis, DiNapoli,
Rivera P


MLTSPNSR Boyland, Brennan, Canestrari, Cohen A, Cohen M, Colton,
Cook,
Cymbrowitz, Diaz, Glick, Gottfried, Green, Greene, Gunther,
Higgins,
Lafayette, Lavelle, Luster, Matusow, McEneny, Millman,
Nolan, Ortiz,
Perry, Pheffer, Pretlow, Rhodd-Cummings, Sanders, Sullivan
E,
Weinstein,
Weisenberg


Add Art 15 Title 31 SS15-3101 - 15-3111, Art 27 Title 19 SS27-1901 -
27-1941,
S71-2728, En Con L; amd S16, Ag & Mkts L; add S3238, Ins
L
Enacts "The Mercury Free Water Resources and Mercury Reduction
Management
Strategy Act of 2001"; provides for: disclosure of mercury content,
phase-out
of mercury-added products, disposal prohibition, labelling, source
separation,
collection, requirements for sewage treatment plants, point source
release
containment traps, ban on sale or distribution of certain mercury
products,
replacement of manometers and gas pressure regulators (agriculture
dept. to
handle for dairy industry), regulates dental use and bans health
insurance
discrimination therein, requires lamp recycling; adds all mercury-
added
products to state universal waste rules; provides for a state
advisory
committee on mercury pollution; provides for penalties for
violations.


----------------------------------------------------------------------
----------

A04209 Actions:
02/07/2001referred to environmental
conservation
02/13/2001reported referred to
codes
05/11/2001amend (t) and recommit to
codes
05/11/2001print number
4209a
05/15/2001reported referred to ways and
means
06/05/2001reported referred to
rules
07/17/2001rules report
cal.1117
07/17/2001ordered to third reading rules
cal.1117
01/09/2002referred to environmental
conservation


----------------------------------------------------------------------
----------

A04209 Votes:


----------------------------------------------------------------------
----------

A04209 Memo:
TITLE OF BILL : An act to amend the environmental conservation
law,
the agriculture and markets law, and the insurance law, in relation
to
enacting the Mercury-Free Water Resources and Mercury
Reduction
Management Strategy Act of
2001


GENERAL PURPOSE/IDEA OF BILL : This bill would make
various
provisions to ensure the proper use, reuse, recycling and
management
of products containing mercury and elemental
mercury.


EFFECTS OF PRESENT LAW THIS BILL WOULD ALTER : This bill would
enact
the "Mercury-Free Water Resources and Mercury Reduction
Management
Strategy Act of 2001" by adding a new Title 31 to Article 15 and a
new
Title 19 to Article 27 to the environmental conservation law
("ECL"),
adding a new subdivision 41 to section 16 of the agriculture
and
markets law, and adding a new section 3238 to the insurance
law.


SUMMARY OF SPECIFIC PROVISIONS : Adds a new Title 19 to article
27
of the ECL entitled Comprehensive Management of Waste Mercury
that
includes provisions for the
following:


* Requires manufacturers of mercury-added products to disclose to
the
commissioner of environmental conservation the amount of
mercury
contained in such
products.


* Creates a mercury added product phase out program effective
January
1, 2004, allowing certain products to be granted a phase-out
exemption
by the commissioner. The phase-out exemption shall include a
public
comment period for concerned
citizens.


* Prohibits any mercury-added product to be disposed of in
solid
waste, radioactive waste, medical waste or
wastewater.


* Requires labels on any mercury-added products informing consumers
of
the presence and recycling requirements of
mercury.


* Requires mercury-added products to be source separated from
the
mercury they contain before being placed in any waste disposal area
of
the
state.



* Manufacturers of mercury-added products shall provide a system
of
collection for such products; and shall inform consumers of (1)
the
available system for proper collection of such product, (2) that
state
law prohibits charging a fee for such collection, and (3)
that
disposal of such product in the solid waste of this state
is
prohibited.



* Requires a material data safety sheet for the sale of
elemental
mercury.



* Places a ban on mercury
thermometers.


* Places a ban on mercury-containing toys or
games.


* Phases out the use of mercury-added gas
pressure
regulators/manometers for those entities that may use such
equipment
for the purpose of testing pressure, notably natural gas
lines.


* Directs the department of agriculture to establish a program
to
replace existing mercury containing
manometers.


* Requires dental offices to submit an annual amalgam mercury
report.


* Requires dental offices to post notice regarding the health
risks
associated with mercury
amalgam.
* Requires informed consent by a person to receive mercury
amalgam
fillings.



* Prohibits any health insurer to discriminate against coverage
of
persons choosing to have dental fillings that do not contain
mercury.


* Requires a permit by DEC to operate a mercury-added lamp
recycling
facility.



* Includes mercury in state universal waste
rules.


* Establishes a State Advisory Committee on mercury pollution
that
must report annually to the legislature and Governor on
matters
concerning mercury pollution and cleanup in the
state.


* The provisions of this title shall not apply to households for
two
years upon this bill becoming
law.


Adds a new title 31 to Article 15 of the ECL
that:


* Institutes a program for publicly owned sewage treatment plants
to
measure levels of mercury and develop a monitoring program
for
mercury, and to provide information of customer billing statements
on
mercury discharges and
sources.


* Requires DEC to implement a voluntary mercury pollution
prevention
program to minimize levels of mercury in POTW
discharges.


* Directs DEC to develop acceptable limits on the concentration
of
mercury in sewage sludge and incinerator ash; mercury limits in
the
discharge of sewage treatment plants; and sewage
pretreatment
standards.



* Prohibits any person to discharge mercury through a publicly
owned
sewage treatment plant, accept sludge containing mercury,
discharge
mercury through a publicly owned wastewater treatment plant, or
apply
mercury containing sludge, in greater amounts as determined by
the
department.



* Defines facilities that have the potential to release mercury
into
plumbing systems as a point source, and provides an exemption
for
those facilities that install DEC certified mercury containment
traps.


* Prohibits the discharge of any elemental mercury in any solid
waste
of the state, other then trace amounts allowed by the
department.


* Requires the use of mercury containment traps for plumbing
systems
where the department determines there is a need for such
traps.


* The provisions of this title shall not apply to households for
two
years upon this bill becoming
law.


This bill also incorporates penalties for violators of Title 19 and
31
in the form of civil penalties by adding a new section 71-2728 to
the
ECL. A first penalty shall be in the form of a written warning
and
distribution of informational materials about proper disposal
of
mercury to be determined by the department. Upon a second
violation,
monetary fines are
imposed.


JUSTIFICATION : Mercury is a known neurotoxin that is linked
to
several cognitive and developmental problems in the brain,
spinal
cord, kidneys, lungs, and liver. There is an especially high risk
for
damage to fetuses and young children. In July 2000, the
National
Academy of Sciences (NAS) released a U.S. Congressionally
mandated
report entitled Toxicological Effects of Methylmercury. The
report
states "over 60,000 children a year are born each year at risk
for
adverse neurodevelopmental effects due to in utero exposure
to
methylmercury."



Mercury has been found in all of the waters of New York State,
25
bodies of which, including all of Lake Champlain, in eleven
counties,
have fish consumption advisories because of mercury contamination
(NYS
DOH 2000). These advisories instruct that due to increased risk
of
birth defects and serious health problems, no woman of
childbearing
age, infant, or person under the age of fifteen should eat
certain
species of fish in these twenty-five bodies of water. In addition,
38
bodies of water statewide are listed by the US EPA as
containing
mercury levels to be
dangerous.


Mercury is a tasteless, odorless, invisible (when vaporized)
chemical
that can enter the body through the lungs, mouth or skin. In
addition
to humans, wildlife that ingest fish, such as bald eagles and
loons,
are also highly susceptible to mercury
ingestion.


This legislation was adapted from model mercury legislation
endorsed
by the New England Governor`s Conference and has been introduced
in
various forms in Vermont, New Hampshire, Massachusetts, Maine,
Rhode
Island, Oregon and is being considered by California and
Connecticut.


The bill also includes an important provision to phase out the use
of
mercury-containing gas pressure regulators and manometers
commonly
used for testing pressure in natural gas lines. There have
been
several recent incidents where the improper use of these types
of
equipment has led to large mercury spills in residential
homes,
including Westchester County. Last year, over 300 homes in Chicago,
IL
were found to have mercury contamination from wrongful use of
this
kind of
equipment.



Also, the US EPA has cited a number of Publicly Owned Treatment
works
(POTWs) throughout our state that continually incur violations due
to
unacceptable amounts of mercury pollutants discharged into
our
eco-system. Federal regulations set mercury discharge limits
on
publicly owned discharge plants, however, they allow a choice of
two
monitoring methods. This legislation allows a publicly owned
sewage
treatment plant to monitor the levels of mercury in wastewater that
is
discharged but specifies, however, that the method which detects
with
more precision the amount of mercury discharges must be used.
This
will ensure more accurate information about mercury levels
being
released into the state`s
waters.


This comprehensive legislation will ensure the residents of New York
a
safe and healthy environment while protecting our fragile eco-
system.


FISCAL IMPACT ON STATE/LOCAL GOVERNMENTS : Minimal to the
state.


EFFECTIVE DATE : January first next succeeding the date on which
it
shall have become law; provided that the commissioner of
environmental
conservation is authorized to promulgate any and all rules
and
regulations and take any other measures necessary to implement
this
act on its effective date on or before such date.

http://assembly.state.ny.us/leg/?bn=a004209