Requires new flooring for schools, community centers, and child care centers to be certified mercury-free.*
What changed between versions
Coverage expanded from schools and child care centers to also include community centers. A new definition of 'community center' is added, covering any facility (public, nonprofit, or commercial) used for educational, recreational, or civic purposes that contains a gymnasium or indoor recreational room with flooring identified as a mercury source.
A legislative findings section (subsection 1(a)) is added, declaring that the act imposes substantially similar obligations on public and nonpublic entities and that the requirements are necessary to protect children and staff from mercury exposure in enclosed indoor spaces regardless of ownership or governmental status.
The original bill required ALL new flooring to be certified mercury-free. The SCS narrows this: certification is only required when the flooring material is identified by the Department of Health as a known or potential source of mercury exposure, based on a published list maintained by DEP and DOH.
New subsection 1(c) creates multiple compliance pathways for buildings with existing poured polyurethane flooring, phenyl mercuric acetate flooring, or other potentially mercury-containing materials: (1) manufacturer certification of mercury-free status, (2) indoor air quality assessment showing levels below threshold, (3) implementation of mitigation measures such as HVAC adjustments, (4) periodic retesting every three years if material contains mercury but passed initial tests, and (5) removal and disposal within six months if mitigation fails, with a possible one-time six-month extension for good cause.
New subsection 1(f) clarifies that responsibility for pre-existing mercury flooring (installed before the current occupant took over) rests with the building owner, not necessarily the school or center operator. If the school or center is also the owner, it bears the responsibility.
New Section 2(a)(3) establishes a fee schedule for certification applications. Fees collected are deposited into a separate account dedicated solely to administering and enforcing the act's provisions.
New Section 5 requires periodic retesting every three years if flooring contains mercury but passed initial air quality assessments, reassessment within 90 days of HVAC modifications or structural repairs, submission of results to DOH, and maintenance of publicly accessible records for parents, guardians, and staff.
New Section 6 requires DOH and DEP to establish a publicly accessible online database updated at least annually by July 31, listing all facilities that conducted testing, identifying mercury presence and remediation measures, publishing retesting results, and indicating noncompliance status.
New Section 7 sets an annual reporting deadline of June 30 for all required air quality testing and remediation reports to be submitted to the Department of Health.
Effective date changed from 90 days after enactment to the first day of the seventh month following enactment (approximately six months), with a provision allowing anticipatory administrative action by DOH and DEP before the effective date.
New Section 4 requires DOH (with DEP) to publish a publicly available list of flooring materials identified as known or potential mercury vapor emission sources, including poured polyurethane flooring manufactured between 1960 and 2005, updated as new information emerges.
New Section 3 requires the Commissioner of Environmental Protection to establish standards and conduct site inspections for removal and disposal of mercury-containing flooring in accordance with hazardous waste regulations.
New Section 2(c) requires DOH to review and revise the maximum allowable airborne mercury vapor concentration standard at least every five years, or within 90 days of any federal air quality regulation update regarding mercury exposure, whichever occurs sooner.
New definitions added for 'community center,' 'HVAC' (heating, ventilation, and air conditioning), and 'mercury-free' (a product that does not contain elemental mercury or any mercury-containing compounds, including phenyl mercuric acetate, as an added ingredient or manufacturing byproduct).
