Bill Text: NY A06403 | 2013-2014 | General Assembly | Introduced

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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) 2014-01-08 - referred to education [A06403 Detail]

Download: New_York-2013-A06403-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6403
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 26, 2013
                                      ___________
       Introduced  by  M. of A. ENGLEBRIGHT, COLTON -- Multi-Sponsored by -- M.
         of A. GOTTFRIED -- read once and referred to the Committee  on  Educa-
         tion
       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
   18  CONTAINING MERCURY IN A MANNER WHICH IS LEAST HARMFUL  TO  THE  ENVIRON-
   19  MENT.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05898-01-3
       A. 6403                             2
    1    S  2.  Section 206 of the public health law is amended by adding a new
    2  subdivision 29 to read as follows:
    3    29.  THE  COMMISSIONER  SHALL  COMPILE,  PRODUCE AND DISTRIBUTE TO ALL
    4  PUBLIC AND PRIVATE SCHOOLS AND EDUCATIONAL INSTITUTIONS IN  THIS  STATE,
    5  MATERIALS  EXPLAINING  THE  HAZARDS  CREATED  BY  ELEMENTAL  MERCURY AND
    6  ACTIONS THAT MAY BE TAKEN TO REDUCE SUCH HAZARDS.
    7    S 3. This act shall take effect immediately, except that  section  one
    8  of  this  act shall take effect on the first of July next succeeding the
    9  date on which it shall have become a law.