Bill Text: NY A03855 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibits the use, purchase and storage of mercury and mercury instruments in schools; provides that mercury instruments may continue to be used if no reasonably acceptable mercury-free alternative is available, so long as the mercury instrument used has the lowest mercury content available; directs the commissioner of health to compile, produce and distribute material advising schools of the hazards of elemental mercury and how to reduce such hazards.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2012-03-13 - print number 3855a [A03855 Detail]

Download: New_York-2011-A03855-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3855--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 28, 2011
                                      ___________
       Introduced  by  M. of A. ENGLEBRIGHT, COLTON -- Multi-Sponsored by -- M.
         of A. GOTTFRIED -- read once and referred to the Committee  on  Educa-
         tion  --  recommitted to the Committee on Education in accordance with
         Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
         reprinted as amended and recommitted to said committee
       AN ACT to amend the education law, in relation to prohibiting  the  use,
         purchase and storage of elemental mercury by schools; and to amend the
         public health law, in relation to directing the commissioner of health
         to  compile  and  distribute  materials  for schools on the hazards of
         elemental mercury and actions  which  may  be  taken  to  reduce  such
         hazards
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The education law is amended by adding a new section  409-l
    2  to read as follows:
    3    S  409-L.  ELIMINATION  OF  THE USE OF ELEMENTAL MERCURY. 1. EXCEPT AS
    4  OTHERWISE PROVIDED IN SUBDIVISION TWO OF  THIS  SECTION,  NO  PUBLIC  OR
    5  PRIVATE  SCHOOL OR EDUCATIONAL INSTITUTION IN THIS STATE SHALL PURCHASE,
    6  USE OR STORE ANY QUANTITY OF FREE  FLOWING  ELEMENTAL  MERCURY  FOR  ANY
    7  PURPOSE, NOR PURCHASE, USE OR STORE ANY INSTRUMENT WHICH CONTAINS MERCU-
    8  RY  INCLUDING,  BUT NOT LIMITED TO, THERMOMETERS, BAROMETERS, SPHYGMOMA-
    9  NOMETERS AND MANOMETERS.
   10    2. IF NO REASONABLY ACCEPTABLE, MERCURY-FREE  ALTERNATIVE  EXISTS  FOR
   11  ANY  INSTRUMENT  PROHIBITED BY SUBDIVISION ONE OF THIS SECTION, A SCHOOL
   12  OR EDUCATIONAL  INSTITUTION  MAY  USE  SUCH  TYPE  OF  INSTRUMENT  WHICH
   13  CONTAINS THE LOWEST MERCURY CONTENT READILY AVAILABLE ON THE MARKET.
   14    3. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF ENVIRON-
   15  MENTAL  CONSERVATION,  SHALL  PROMULGATE RULES AND REGULATIONS REQUIRING
   16  PUBLIC AND PRIVATE SCHOOLS AND EDUCATIONAL INSTITUTIONS IN THIS STATE TO
   17  DISPOSE OF OR RECYCLE ANY QUANTITY OF ELEMENTAL MERCURY AND  INSTRUMENTS
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05268-03-2
       A. 3855--A                          2
    1  CONTAINING  MERCURY  IN  A MANNER WHICH IS LEAST HARMFUL TO THE ENVIRON-
    2  MENT.
    3    S  2.  Section 206 of the public health law is amended by adding a new
    4  subdivision 29 to read as follows:
    5    29. THE COMMISSIONER SHALL COMPILE,  PRODUCE  AND  DISTRIBUTE  TO  ALL
    6  PUBLIC  AND  PRIVATE SCHOOLS AND EDUCATIONAL INSTITUTIONS IN THIS STATE,
    7  MATERIALS EXPLAINING  THE  HAZARDS  CREATED  BY  ELEMENTAL  MERCURY  AND
    8  ACTIONS THAT MAY BE TAKEN TO REDUCE SUCH HAZARDS.
    9    S  3.  This act shall take effect immediately, except that section one
   10  of this act shall take effect on the first of July next  succeeding  the
   11  date on which it shall have become a law.