ASSEMBLY CONSUMER AFFAIRS COMMITTEE
STATEMENT TO
ASSEMBLY COMMITTEE SUBSTITUTE FOR
ASSEMBLY, No. 3019
STATE OF NEW JERSEY
DATED: MARCH 6, 2025
The Assembly Consumer Affairs Committee reports favorably an
Assembly Committee Substitute for Assembly Bill No. 3019.
This committee substitute prohibits the issuance of construction
permits for flooring in schools or child care centers unless the flooring
materials are certified mercury-free by the manufacturer, if the
materials are identified by the Department of Health (DOH) as
potential sources of mercury exposure. In cases where the building
has flooring that may contain mercury, such as poured polyurethane or
phenyl mercuric acetate, the applicant may take the following actions:
(1) certify that the existing flooring is mercury-free; (2) certify that an
air quality assessment has been conducted to test if mercury vapor
levels are within safe limits as recommended by the DOH; (3) if
unsafe mercury levels are found, implement mitigation measures such
as adjusting HVAC systems to reduce mercury vapor to acceptable
levels; (4) if testing still reveals high mercury levels, the
implementation of further mitigation measures or remove the flooring;
and (5) if all mitigating measures fail, the removal and proper disposal.
In cases where the flooring is required to be removed, it is to be
done within six months after the final air quality assessment, unless a
one-time, six-month extension is granted by the DOH due to factors
out of the applicant’s control such as supply chain delays or contractor
issues. All removal and disposal of flooring is to be done in
compliance with regulations established by the Department of
Environmental Protection (DEP).
The committee substitute provides that a construction permit may
be issued for flooring work in schools or child care centers if the
permit is necessary to comply with specific rules and regulations
established by the DOH, and if the applicant obtains a certification
from the DOH, as required by the substitute.
Under the substitute, if a flooring manufacturer falsely certifies
that their product is mercury-free, the flooring manufacturer is liable
for a civil penalty. The penalty is $10,000 for a first offense and
$25,000 for subsequent offenses, which may be enforced by the local
enforcing agency in accordance with the “Penalty Enforcement Law of
1999.” 2
The committee substitute requires the Commissioner of Health, in
consultation with the Commissioner of Environmental Protection, to
adopt rules and regulations including but not limited to: (1)
establishing indoor air quality standards for airborne mercury vapor
and related compliance and mitigation measures, in line with federal
and State standards; (2) developing procedures to assess flooring
materials, like poured polyurethane and those containing phenyl
mercuric acetate, in schools and child care centers for mercury
presence; and (3) establishing an application process for certification,
which requires a fee to cover the costs of reviewing applications. Fees
collected will be used solely for administering and enforcing the
provisions of the committee substitute.
The committee substitute provides that upon a demonstration to the
department by the applicant that the procedures established under the
provisions of this substitute have been followed and that the installed
flooring material is mercury-free, the DOH is to issue a certification
that the applicant is not required to remove the flooring material prior
to the issuance of a construction permit.
The committee substitute requires the Commissioner of Health to
review and, if necessary, update the maximum allowable airborne
mercury vapor concentration standard at least every five years or
within 90 days of any federal update on mercury exposure, whichever
comes first. This review ensures the standard remains aligned with the
latest scientific research, public health recommendations, and
regulatory changes. Any updates will be published in the New Jersey
Register and incorporated into all applicable regulatory guidance
issued by the DOH.
The committee substitute requires the Commissioner of
Environmental Protection to establish standards and conduct site
inspections for the removal and disposal of flooring material that
contains mercury and mercury-containing compounds that ensure
compliance with hazardous waste regulations, environmental best
practices, and safe disposal standards in accordance with federal and
State law.
The committee substitute requires the Commissioner of Health, in
consultation with the Commissioner of Environmental Protection, to
publish a publicly available list of flooring materials identified as
known or potential sources of mercury exposure. The list is to indicate
which flooring types require a manufacturer certification.
Additionally, this list is to be updated as new information emerges and
is to be published on the Internet websites of the DOH and DEP.
Under the committee substitute, any school or child care center that
conducts an air quality assessment is to: (1) retest the air quality every
three years if the flooring contained mercury but initially passed the
assessment; (2) reassess air quality if the HVAC system, structure, or
flooring is modified, with the reassessment done within 90 days of the
changes; (3) submit the assessment results, including mercury vapor 3
levels and mitigation actions, to the Department of Health; and (4)
keep a publicly accessible record of the air quality test results.
The committee substitute requires the Commissioner of Health, in
coordination with the Commissioner of Environmental Protection, to
create and maintain a publicly accessible online database that is
updated annually on or before July 31. The database is to list all
schools and child care centers that have tested for mercury-containing
flooring, including information on the presence of mercury,
remediation measures taken such as ventilation adjustments or flooring
removal, periodic retesting results, and compliance status.
Under the committee substitute, schools or child care centers are
required to submit their air quality testing and remediation reports to
the DOH on or before June 30 each year.