A1514

An Act concerning schools, community centers, 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. The Legislature finds and declares that the provisions of this act impose substantially similar obligations on public and nonpublic schools, public and private community centers, and other affected entities. These requirements are necessary to protect children and staff from mercury exposure in enclosed indoor spaces, regardless of the ownership or governmental status of the facility.

a. Except as provided in subsections b. and c. 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, community center, 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. The certification requirement established pursuant to this act shall apply only to existing flooring materials that have been specifically identified by the Department of Environmental Protection, in consultation with the Department of Health, as known or potential sources of mercury vapor emissions, as set forth in the list published pursuant to section 4 of this act.

c. 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 this act 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 this act, 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 this act, 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 this act.

d. 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, community center, 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 this actand obtain the certification issued by the Department of Health pursuant to subsection b. of section 2 of this act and obtain the certification issued by the Department of Health pursuant to subsection b. of section 2 of this act.

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 this act.

e. A manufacturer of flooring used in the construction, reconstruction, alteration, conversion, repair, or upgrade of a school, community center, 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.).

f. In the case of any flooring identified by the Department of Environmental Protection and the Department of Health as a known or potential source of mercury exposure that was installed prior to the occupancy or use of the building by the current school, child care center, or community center, the responsibility for compliance with the provisions of this act, including, but not limited to, testing, certification, mitigation, or removal of mercury-containing flooring, shall rest with the owner of the building. If the current school, child care center, or community center is also the owner of the building, such owner shall be responsible for compliance with the provisions of this act.

g. 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.).

“Community center” means any facility, whether owned or operated by a public entity, private nonprofit organization, or commercial entity, that is used for public educational, recreational, or civic purposes, including programs or services accessible to children, families, or the general public, regardless of whether fees are charged or participation is limited by schedule or capacity, and that contains a gymnasium or indoor recreational room with flooring of a type identified by the Department of Environmental Protection and the Department of Health, pursuant to section 4 of this act, as a known or potential source of mercury vapor emissions.

“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, community center, or child care center, as defined in subsection g. of section 1 of this act 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 and 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 vapor emissions. The list shall indicate which flooring types require a manufacturer certification pursuant to the provisions of subsection a. of section 1 of this act. The list shall include, but not be limited to, poured polyurethane flooring manufactured between 1960 and 2005. 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, community center, or child care center as defined in subsection g. of section 1 of this act that conducts an air quality assessment pursuant to the provisions of subsections b. and c. of section 1 of this act 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 schools, community centers, and child care centers that have conducted testing for mercury-containing flooring under the requirements of this act. 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, community center, 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, community center, or child care center required to conduct testing and reporting under the provisions of this act 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.

STATEMENT

This bill prohibits the issuance of construction permits for flooring in schools, child care centers, or community 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. The certification requirement applies only to existing flooring materials identified by the DEP in consultation with the DOH, as known or potential souces of mercury vapor emissions. 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 bill provides that a construction permit may be issued for flooring work in schools, community centers, 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 bill.

Under the bill, 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.”

In the case of any flooring identified by the Department of Environmental Protection and the Department of Health as a known or potential source of mercury exposure that was installed prior to the occupancy or use of the building by the current school, child care center, or community center, the responsibility for compliance with the provisions of the bill including, but not limited to0, testing, certification, mitigation, or removal of mercury-containing flooring, will rest with the owner of the building. If the current school, child care center, or community center is also the owner of the building, such owner will be responsible for compliance with the provisions of the bill.

The bill 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 bill 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 bill 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 bill 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 bill 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 bill, any school, community center, 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 levels and mitigation actions, to the Department of Health; and (4) keep a publicly accessible record of the air quality test results.

The bill 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, community centers, 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 bill, schools, community centers, 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.