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Mercury Components in Vehicles Law Section 27-2101 of the ECL

Chapter 611, Laws of 2006

AN ACT to amend the environmental conservation law, in relation to the phase-out of mercury-added components in motor vehicles; and to amend the state finance law, in relation to granting a preference to the purchase of mercury-free motor vehicles by the state

Became a law August 16, 2006, with the approval of the Governor. Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 27-2101 of the environmental conservation law is amended by adding two new subdivisions 28 and 29 to read as follows:

28. "Manufacturer" means any person, firm, association, partnership, limited liability company, corporation, governmental entity, organization, combination or joint venture which is the last entity to produce or assemble a new motor vehicle that utilizes mercury-added components or, in the case of an imported motor vehicle, the importer or domestic distributor of such vehicle.

29. "Mercury-added component" means a motor vehicle component that contains greater than fifteen milligrams of mercury, which was intentionally added to such vehicle in order to provide a specific characteristic, appearance or quality, to perform a specific function, or for any other purpose. Such components shall include, but not be limited to, switches, sensors, lights and navigational systems.

§2. The environmental conservation law is amended by adding a new section 27-2117 to read as follows:

§27-2117. Phase-out of mercury-added components in motor vehicles.
1. Commencing with the motor vehicle model year for the fourth year after the calendar year in which this subdivision takes effect, no manufacturer shall equip any motor vehicle sold in this state with any mercury-added component.

2. Notwithstanding the provisions of subdivision one of this section, a motor vehicle may be equipped with a mercury-added component which is necessary to comply with federal or state safety or health requirements, or for the purposes of national security, provided that the manufacturer applies for and receives an exemption from the commissioner.

3. If granted an exemption, every motor vehicle that is equipped with a mercury-added component shall be labeled by the manufacturer as required in subdivision 3 of section 27-2103 of this title.

§ 3. Section 165 of the state finance law is amended by adding a new subdivision 8 to read as follows:

8. Mercury-free motor vehicles. The commissioner and state agencies shall grant a preference and give priority to the purchase of motor vehicles which are mercury-free taking into consideration competition, price, availability and performance.

§ 4. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.

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