ASSEMBLY COMMITTEE SUBSTITUTE FOR ASSEMBLY, No. 3019 STATE OF NEW JERSEY 221st LEGISLATURE ADOPTED MARCH 6, 2025
ASSEMBLY COMMITTEE SUBSTITUTE FOR
ASSEMBLY, No. 3019
STATE OF NEW JERSEY
221st LEGISLATURE
ADOPTED MARCH 6, 2025
Sponsored by: Assemblyman CLINTON CALABRESE District 36 (Bergen and Passaic) Assemblyman STERLEY S. STANLEY District 18 (Middlesex) Assemblyman JOE DANIELSEN District 17 (Middlesex and Somerset) Co-Sponsored by: Assemblyman Karabinchak, Assemblywomen Reynolds-Jackson, Haider, Assemblyman Schaer, Assemblywoman McCoy, Assemblymen Venezia, Egan, Sampson and Rodriguez SYNOPSIS Requires new flooring for schools and child care centers to be certified mercury-free. CURRENT VERSION OF TEXT Substitute as adopted by the Assembly Consumer Affairs Committee.
Sponsored by:
Assemblyman CLINTON CALABRESE
District 36 (Bergen and Passaic)
Assemblyman STERLEY S. STANLEY
District 18 (Middlesex)
Assemblyman JOE DANIELSEN
District 17 (Middlesex and Somerset)
Co-Sponsored by:
Assemblyman Karabinchak, Assemblywomen Reynolds-Jackson, Haider, Assemblyman Schaer, Assemblywoman McCoy, Assemblymen Venezia, Egan, Sampson and Rodriguez
SYNOPSIS
Requires new flooring for schools and child care centers to be certified mercury-free.
CURRENT VERSION OF TEXT
Substitute as adopted by the Assembly Consumer Affairs Committee.
An Act concerning schools and child care centers and supplementing Title 52 of the Revised Statutes. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. a. Except as provided in subsection b. of this section, a construction permit shall not be issued pursuant to section 12 of P.L.1975, c.217 (C.52:27D-130) for the construction, reconstruction, alteration, conversion, repair, or upgrade of flooring in any building or structure to be used or currently in use as a school or child care center, unless the applicant presents a certification issued by the manufacturer of the flooring materials to be used in the project that the materials are mercury-free, if the flooring material is identified by the Department of Health as a known or potential source of mercury exposure. b. In the case of a project that includes a building or structure containing poured polyurethane flooring, other flooring known to contain phenyl mercuric acetate, or materials identified by the Department of Health as potentially containing mercury, the applicant: (1) may present a certification issued in accordance with subsection b. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) that the existing flooring material is mercury-free; (2) may submit a certification that the applicant has conducted an indoor air quality assessment in accordance with the most current guidance published by the Department of Health and that the airborne mercury vapor concentration remains at or below the recommended maximum threshold as permitted by the Department of Health, consistent with any applicable federal and State indoor air quality standards; (3) may certify, subject to requirements established by the Department of Health pursuant to subsection a. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), that appropriate mitigation measures, including but not limited to HVAC adjustments, have been implemented to reduce levels to or below the recommended maximum allowable mercury vapor concentration if an air quality assessment determines that the airborne mercury vapor concentration exceeds the recommended maximum allowable mercury vapor concentration; (4) shall comply with periodic retesting requirements pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), if the flooring material was found to contain mercury but passed initial air quality assessments in paragraph (2) of this subsection or subsequent air quality assessments through mitigation in paragraph (3) of this subsection. If any subsequent test reveals airborne mercury vapor concentrations exceeding the maximum allowable threshold, the applicant shall implement further mitigation measures or remove the flooring in accordance with paragraph (5) of this subsection; or (5) shall remove and dispose of flooring materials if such measures fail to mitigate the recommended maximum allowable mercury vapor concentration threshold. The flooring materials shall be removed and disposed of within six months after the final air quality assessment confirming the failure of mitigation efforts and prior to the installation of new flooring material, unless the Department of Health grants a one-time extension of a maximum of six months upon a showing of good cause, including but not limited to supply chain delays, contractor availability, or other unforeseen circumstances beyond the applicant's control. The removal and disposal of flooring materials shall be in accordance with regulations established by the Department of Environmental Protection, including all applicable handling, transportation, and disposal requirements, pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill). c. Notwithstanding the provisions of subsection a. of this section, a construction permit may be issued for the construction, reconstruction, alteration, conversion, repair, or upgrade of flooring in any building or structure to be used as a school or child care center if the construction permit is necessary to perform work in the building or structure in order to comply with the rules and regulations adopted pursuant to subsection a. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) and obtain the certification issued by the Department of Health pursuant to subsection b. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill). A construction permit issued pursuant to this subsection shall be limited to the construction or alterations necessary to comply with the rules and regulations adopted pursuant to subsection a. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill). d. A manufacturer of flooring used in the construction, reconstruction, alteration, conversion, repair, or upgrade of a school or child care center that issues a certification falsely stating that the flooring is mercury-free, shall be liable to a civil penalty of $10,000 for a first offense and $25,000 for a subsequent offense, which penalty may be collected and enforced by the local enforcing agency by summary proceedings pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). e. As used in this act: "Child care center" means a child care center licensed pursuant to the provisions of the "Child Care Center Licensing Act," P.L.1983, c.492 (C.30:5B-1 et seq.). "HVAC" means heating, ventilation, and air conditioning. "Mercury-free" means a product that does not contain elemental mercury or any mercury-containing compounds, including but not limited to phenyl mercuric acetate, as an added ingredient or as a byproduct of the manufacturing process. "School" means a public or nonpublic school containing any of the grades kindergarten through 12. 2. a. The Commissioner of Health, in consultation with the Commissioner of Environmental Protection, shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), including, but not limited to: (1) establishing indoor air quality standards for airborne mercury vapor, compliance procedures, and mitigation measures, consistent with any applicable federal and State indoor air quality standards; (2) developing procedures for the evaluation and assessment of flooring materials identified as known or potential sources of mercury exposure, including poured polyurethane flooring and other flooring types known to contain phenyl mercuric acetate installed in buildings or structures that are to be used for or currently are in use as a school or child care center, as defined in subsection e. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) for the presence of mercury and mercury-containing compounds; and (3) establishing and implementing an application process for the certification issued pursuant to subsection b. of this section. Every application for a certification shall be accompanied by a fee, established in accordance with a fee schedule adopted by the department, by rule or regulation, reflecting the costs of reviewing and processing the application. Fees collected pursuant to this subsection shall be deposited into a separate account, and shall be dedicated for use by the department solely for the purposes of administering and enforcing the provisions of this section and any rules or regulations adopted pursuant thereto. b. Upon a demonstration to the department by the applicant that the procedures established pursuant to subsection a. of this section have been followed and that the installed flooring material is mercury-free, the Department of Health shall issue a certification that the applicant is not required to remove the flooring material prior to the issuance of a construction permit. c. The Commissioner of Health shall review and, if necessary, revise the recommended standard of the maximum allowable amount of airborne mercury vapor concentration at least once every five years, or within 90 days of any update to federal air quality regulations regarding mercury exposure, whichever occurs sooner, to ensure consistency with current scientific research, public health recommendations, and federal or State regulatory updates. Any revisions shall be published in the New Jersey Register and incorporated into all applicable regulatory guidance issued by the Department of Health. 3. The Commissioner of Environmental Protection shall 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. 4. The Commissioner of Health, in consultation with the Commissioner of Environmental Protection, shall publish a publicly available list of flooring materials identified as known or potential sources of mercury exposure. The list shall indicate which flooring types require a manufacturer certification pursuant to the provisions of subsection a. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill). Additionally, this list shall be updated as new information emerges and shall be published on the Internet websites of the Department of Health and Department of Environmental Protection. 5. Any school or child care center as defined in subsection e. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) that conducts an air quality assessment pursuant to the provisions of subsection b. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall: a. conduct periodic retesting every three years if the flooring material was found to contain mercury but initially passed air quality assessments; b. reevaluate indoor air quality if the facility undergoes HVAC system modifications, structural repairs, or renovations that could impact ventilation or flooring integrity. The reassessments shall be conducted no later than 90 days following the completion of the modifications; (c) submit the results of the assessment, including measured mercury vapor levels and mitigation actions taken, to the Department of Health; and (d) maintain a publicly accessible record of air quality test results for review by parents, guardians, and staff. 6. The Commissioner of Health, in coordination with the Commissioner of Environmental Protection, shall establish and maintain a publicly accessible online database, updated at least annually on or before July 31 of each year, listing all school and child care centers that have conducted testing for mercury-containing flooring under the requirements of P.L. , c. (C. ) (pending before the Legislature as this bill). The database shall identify the presence of mercury-containing flooring and implemented remediation measures, including ventilation adjustments or flooring removal; publish periodic retesting conducted and reported results if the flooring material was initially identified as containing mercury but has since met air quality standards; and indicate whether a school or child care center failed to submit required air quality testing and remediation reports as required under this act and remains noncompliant. 7. Any school or child care center required to conduct testing and reporting under the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) shall submit all required air quality testing and remediation reports to the Department of Health annually on or before June 30 of each year. 8. This act shall take effect on the first day of the seventh month next following the date of enactment, except that the Commissioner of Health and the Commissioner of Environmental Protection may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.
An Act concerning schools and child care centers and supplementing Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Except as provided in subsection b. of this section, a construction permit shall not be issued pursuant to section 12 of P.L.1975, c.217 (C.52:27D-130) for the construction, reconstruction, alteration, conversion, repair, or upgrade of flooring in any building or structure to be used or currently in use as a school or child care center, unless the applicant presents a certification issued by the manufacturer of the flooring materials to be used in the project that the materials are mercury-free, if the flooring material is identified by the Department of Health as a known or potential source of mercury exposure.
b. In the case of a project that includes a building or structure containing poured polyurethane flooring, other flooring known to contain phenyl mercuric acetate, or materials identified by the Department of Health as potentially containing mercury, the applicant:
(1) may present a certification issued in accordance with subsection b. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) that the existing flooring material is mercury-free;
(2) may submit a certification that the applicant has conducted an indoor air quality assessment in accordance with the most current guidance published by the Department of Health and that the airborne mercury vapor concentration remains at or below the recommended maximum threshold as permitted by the Department of Health, consistent with any applicable federal and State indoor air quality standards;
(3) may certify, subject to requirements established by the Department of Health pursuant to subsection a. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), that appropriate mitigation measures, including but not limited to HVAC adjustments, have been implemented to reduce levels to or below the recommended maximum allowable mercury vapor concentration if an air quality assessment determines that the airborne mercury vapor concentration exceeds the recommended maximum allowable mercury vapor concentration;
(4) shall comply with periodic retesting requirements pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), if the flooring material was found to contain mercury but passed initial air quality assessments in paragraph (2) of this subsection or subsequent air quality assessments through mitigation in paragraph (3) of this subsection. If any subsequent test reveals airborne mercury vapor concentrations exceeding the maximum allowable threshold, the applicant shall implement further mitigation measures or remove the flooring in accordance with paragraph (5) of this subsection; or
(5) shall remove and dispose of flooring materials if such measures fail to mitigate the recommended maximum allowable mercury vapor concentration threshold. The flooring materials shall be removed and disposed of within six months after the final air quality assessment confirming the failure of mitigation efforts and prior to the installation of new flooring material, unless the Department of Health grants a one-time extension of a maximum of six months upon a showing of good cause, including but not limited to supply chain delays, contractor availability, or other unforeseen circumstances beyond the applicant's control. The removal and disposal of flooring materials shall be in accordance with regulations established by the Department of Environmental Protection, including all applicable handling, transportation, and disposal requirements, pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
c. Notwithstanding the provisions of subsection a. of this section, a construction permit may be issued for the construction, reconstruction, alteration, conversion, repair, or upgrade of flooring in any building or structure to be used as a school or child care center if the construction permit is necessary to perform work in the building or structure in order to comply with the rules and regulations adopted pursuant to subsection a. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) and obtain the certification issued by the Department of Health pursuant to subsection b. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
A construction permit issued pursuant to this subsection shall be limited to the construction or alterations necessary to comply with the rules and regulations adopted pursuant to subsection a. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
d. A manufacturer of flooring used in the construction, reconstruction, alteration, conversion, repair, or upgrade of a school or child care center that issues a certification falsely stating that the flooring is mercury-free, shall be liable to a civil penalty of $10,000 for a first offense and $25,000 for a subsequent offense, which penalty may be collected and enforced by the local enforcing agency by summary proceedings pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
e. As used in this act:
"Child care center" means a child care center licensed pursuant to the provisions of the "Child Care Center Licensing Act," P.L.1983, c.492 (C.30:5B-1 et seq.).
"HVAC" means heating, ventilation, and air conditioning.
"Mercury-free" means a product that does not contain elemental mercury or any mercury-containing compounds, including but not limited to phenyl mercuric acetate, as an added ingredient or as a byproduct of the manufacturing process.
"School" means a public or nonpublic school containing any of the grades kindergarten through 12.
2. a. The Commissioner of Health, in consultation with the Commissioner of Environmental Protection, shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), including, but not limited to:
(1) establishing indoor air quality standards for airborne mercury vapor, compliance procedures, and mitigation measures, consistent with any applicable federal and State indoor air quality standards;
(2) developing procedures for the evaluation and assessment of flooring materials identified as known or potential sources of mercury exposure, including poured polyurethane flooring and other flooring types known to contain phenyl mercuric acetate installed in buildings or structures that are to be used for or currently are in use as a school or child care center, as defined in subsection e. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) for the presence of mercury and mercury-containing compounds; and
(3) establishing and implementing an application process for the certification issued pursuant to subsection b. of this section. Every application for a certification shall be accompanied by a fee, established in accordance with a fee schedule adopted by the department, by rule or regulation, reflecting the costs of reviewing and processing the application. Fees collected pursuant to this subsection shall be deposited into a separate account, and shall be dedicated for use by the department solely for the purposes of administering and enforcing the provisions of this section and any rules or regulations adopted pursuant thereto.
b. Upon a demonstration to the department by the applicant that the procedures established pursuant to subsection a. of this section have been followed and that the installed flooring material is mercury-free, the Department of Health shall issue a certification that the applicant is not required to remove the flooring material prior to the issuance of a construction permit.
c. The Commissioner of Health shall review and, if necessary, revise the recommended standard of the maximum allowable amount of airborne mercury vapor concentration at least once every five years, or within 90 days of any update to federal air quality regulations regarding mercury exposure, whichever occurs sooner, to ensure consistency with current scientific research, public health recommendations, and federal or State regulatory updates. Any revisions shall be published in the New Jersey Register and incorporated into all applicable regulatory guidance issued by the Department of Health.
3. The Commissioner of Environmental Protection shall 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.
4. The Commissioner of Health, in consultation with the Commissioner of Environmental Protection, shall publish a publicly available list of flooring materials identified as known or potential sources of mercury exposure. The list shall indicate which flooring types require a manufacturer certification pursuant to the provisions of subsection a. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill). Additionally, this list shall be updated as new information emerges and shall be published on the Internet websites of the Department of Health and Department of Environmental Protection.
5. Any school or child care center as defined in subsection e. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) that conducts an air quality assessment pursuant to the provisions of subsection b. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall:
a. conduct periodic retesting every three years if the flooring material was found to contain mercury but initially passed air quality assessments;
b. reevaluate indoor air quality if the facility undergoes HVAC system modifications, structural repairs, or renovations that could impact ventilation or flooring integrity. The reassessments shall be conducted no later than 90 days following the completion of the modifications;
(c) submit the results of the assessment, including measured mercury vapor levels and mitigation actions taken, to the Department of Health; and
(d) maintain a publicly accessible record of air quality test results for review by parents, guardians, and staff.
6. The Commissioner of Health, in coordination with the Commissioner of Environmental Protection, shall establish and maintain a publicly accessible online database, updated at least annually on or before July 31 of each year, listing all school and child care centers that have conducted testing for mercury-containing flooring under the requirements of P.L. , c. (C. ) (pending before the Legislature as this bill). The database shall identify the presence of mercury-containing flooring and implemented remediation measures, including ventilation adjustments or flooring removal; publish periodic retesting conducted and reported results if the flooring material was initially identified as containing mercury but has since met air quality standards; and indicate whether a school or child care center failed to submit required air quality testing and remediation reports as required under this act and remains noncompliant.
7. Any school or child care center required to conduct testing and reporting under the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) shall submit all required air quality testing and remediation reports to the Department of Health annually on or before June 30 of each year.
8. This act shall take effect on the first day of the seventh month next following the date of enactment, except that the Commissioner of Health and the Commissioner of Environmental Protection may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.