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A 3019

Requires new flooring for schools, community centers, and child care centers to be certified mercury-free.**

2024-2025 Regular Session Introduced by Clinton Calabrese and 13 co-sponsors

Requires manufacturer-certified mercury-free flooring in schools, child care centers, and community centers, plus testing, mitigation/removal as needed and public reporting.

Assembly Floor Amendment Passed (Quijano)
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Bill Summary · A 3019

Summary — A3019 (as amended)

Requires new flooring for schools, community centers, and child care centers to be certified mercury‑free

Purpose

To prevent mercury exposure from flooring materials in K–12 schools, licensed child care centers, and community centers by requiring manufacturer certification that flooring identified by the Department of Health (DOH) is “mercury‑free,” and by establishing testing, mitigation, removal, and reporting requirements for existing potentially‑contaminated flooring.

Key provisions

  • Construction permits: A permit for installation, renovation, or replacement of flooring in schools, child care centers, or community centers may not be issued unless the applicant presents a manufacturer certification that the flooring materials are mercury‑free — but only for flooring types the DOH identifies as known or potential mercury sources.
  • Existing potentially‑contaminated flooring (e.g., poured polyurethane or flooring known to contain phenyl mercuric acetate): applicants may:
    • Provide a DOH‑approved certification that existing flooring is mercury‑free; or
    • Submit an indoor air quality assessment showing airborne mercury vapor at or below the DOH’s recommended maximum threshold; or
    • Implement mitigation measures (e.g., HVAC adjustments) to reduce mercury vapor; or
    • If mitigation fails, remove and properly dispose of the flooring.
  • Removal deadline: If removal is required, it must occur within six months after the final air quality assessment confirming mitigation failure, with a one‑time six‑month extension possible for good cause (supply chain, contractor delays, etc.). Removal/disposal must follow Department of Environmental Protection (DEP) regulations.
  • Manufacturer liability: False manufacturer certifications are subject to civil penalties — $10,000 for a first offense and $25,000 for subsequent offenses; enforceable by the local enforcing agency under the Penalty Enforcement Law of 1999.
  • Rulemaking and standards: DOH, in consultation with DEP, must adopt rules to:
    • Set indoor air quality standards for airborne mercury vapor, compliance procedures, and mitigation measures (consistent with federal/state standards);
    • Develop evaluation procedures for flooring types that may contain mercury;
    • Create a certification application process and fee schedule (fees dedicated to administration/enforcement);
    • Review the airborne mercury vapor standard at least every five years or within 90 days of any federal update.
  • Public lists and database: DOH/DEP must publish and update a list of flooring types identified as known/potential mercury sources and maintain a publicly accessible online database (updated annually on or before July 31) listing schools/community centers/child care centers tested, results, remediation actions, retesting, and compliance status.
  • Testing & reporting obligations: Facilities that conduct air quality assessments must retest every three years if initial tests passed despite mercury‑containing flooring; reassess within 90 days of HVAC/structural/flooring changes; submit results and remediation reports to DOH by June 30 each year; and keep results publicly accessible.

Who is affected

  • Public and nonpublic K–12 schools, licensed child care centers, and community centers;
  • Building owners (especially when potentially‑contaminated flooring predated current occupancy — owner bears compliance responsibility per floor amendment);
  • Flooring manufacturers and suppliers (must certify products; face penalties for false certification);
  • Contractors, HVAC professionals, and environmental/industrial hygienists involved in testing, mitigation, removal, and disposal;
  • DOH, DEP, and local enforcing agencies (rulemaking, inspections, enforcement, database maintenance).

Timeline & status

  • Introduced: January 9, 2024.
  • Reported as substitute: March 6, 2025.
  • Assembly Floor Amendment Passed (includes technical fixes, adds community centers, assigns owner responsibility for pre‑existing flooring): May 22, 2025.
  • Effective date: generally the first day of the third month after enactment; DOH may take anticipatory administrative action prior.

Potential impacts

  • Public‑health protection by reducing mercury vapor exposure in facilities serving children and the community.
  • Compliance costs for testing, mitigation (HVAC changes), possible flooring removal and hazardous‑waste disposal, and application fees to DOH.
  • Increased administrative and enforcement duties for DOH and DEP, and transparency via public reporting and database.

Companion bill: S1461.

Compiled from official sources — confirm details with the bill’s official record.

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