52:27D-130.5a Protection from mercury exposure; schools, community centers, child care centers.
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 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. L.2026, c.11, s.1.