Bill Text: NJ A3019 | 2024-2025 | Regular Session | Introduced
Bill Title: Requires new flooring for schools and child care centers to be certified mercury free.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Consumer Affairs Committee [A3019 Detail]
Download: New_Jersey-2024-A3019-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
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 and Haider
SYNOPSIS
Requires new flooring for schools and child care centers to be certified mercury free.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
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. 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, as defined in this section, or child care center, licensed pursuant to the provisions of P.L.1983, c.492 (C.30:5B-1 et seq.) unless the applicant:
(1) presents a certification issued by the manufacturer of the flooring materials to be used in the project that the materials are free of mercury and compounds containing mercury; and
(2) in the case of a project that includes a building or structure containing existing flooring:
(a) presents 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 free of mercury and compounds containing mercury; or
(b) certifies that the flooring materials shall be removed prior to installation of new flooring material, in accordance with subsection a. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. Notwithstanding the provisions of subsection a. of this subsection, 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, as defined in this section, or child care center licensed pursuant to the provisions of P.L.1983, c.492, 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 c. 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.
c. 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 free of mercury and compounds containing mercury, shall be liable to a civil penalty of $10,000 for a first offense and $25,000 for a second or 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.).
d. As used in this section:
"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.).
"School" means a public or nonpublic school containing any of the grades kindergarten through 12.
2. a. Within six months after the effective date of P.L. , c. (pending before the Legislature as this bill) the Commissioner of Health shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) that establish: (1) procedures for the evaluation and assessment of flooring material installed in buildings or structures that are to be used for or currently are in use as a school, as defined subsection d. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), or child care center, licensed pursuant to the provisions of P.L.1983, c.492 (C.30:5B-1 et seq.), for the presence of mercury and mercury containing compounds; and (2) standards for the removal and disposal of flooring material that contains mercury and mercury containing compounds.
b. The commissioner shall establish an application process for the certification issued pursuant to subsection c. 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.
c. 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 does not contain mercury or mercury containing compounds, the department shall issue a certification that the applicant is not required to remove the flooring material prior to the issuance of a construction permit.
3. This act shall take
effect on the first day of the third month next following the date of enactment,
except that the Commissioner of Health may take any anticipatory administrative
action in advance as shall be necessary for the implementation of this act.
STATEMENT
This bill prohibits the use of flooring material that contains mercury in the construction or renovation of schools and child care centers.
The bill provides that a construction permit may not be issued for the construction, reconstruction, alteration, conversion, repair, or upgrade to flooring in any building that is to be used as a school or child care center unless the applicant presents a certification issued by the manufacturer declaring that the materials to be used are free of mercury and compounds containing mercury. If a flooring manufacturer issues a certificate falsely stating that a flooring product is free of mercury and compounds containing mercury, the manufacturer will be liable to a civil penalty of $10,000 for a first offense and $25,000 for a second or subsequent offense.
The bill also provides that in the case of a project including a building or structure with existing flooring, an applicant would be required to: (1) present a certification, issued in accordance in with rules and regulations to be adopted by the Commissioner of Health, that the existing flooring material is free of mercury and compounds containing mercury; or (2) certify that the existing flooring material would be removed prior to installation of new flooring material.
Under the bill, the commissioner is required to adopt rules and regulations that establish: (1) procedures for the evaluation and assessment of flooring material installed in buildings or structures that are to be used for or currently are in use as a school or child care center for the presence of mercury and mercury containing compounds; and (2) standards for the removal and disposal of flooring material that contains mercury and mercury containing compounds.
Additionally, the bill provides that the commissioner is to establish an application process for issuance of the certification required by the bill.
