S 1370 — Requires new flooring for schools, community centers, and child care centers to be certified mercury-free.*

2026, c.011 (S1370 SCS) §§1-7CHAPTER C.52:27D-130.5a11 to  52:27D-130.5gAn §8Act Noteconcerning  schools, P.L.community centers, and child care centers and supplementing Title 52 of the Revised Statutes.

2026, CHAPTER 11, approved May 7, 2026 Senate Committee Substitute for Senate, No.

1370     An Act concerning schools, community centers, and child care centers and supplementing Title 52 of the Revised Statutes.

      C.52:27D-130.5a  1.   Protection Thefrom Legislaturemercury findsexposure; 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.

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.

     c.     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:

of section 2 of this act, that appropriate mitigation measures, includingincluding, but not limited toto, 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,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.

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, includingincluding, but not limited toto, supply chain delays, contractor availability, or other unforeseen circumstances beyond the applicant’s control.

     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,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. 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.

 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.

     “Mercury-free” means a product that does not contain elemental mercury or any mercury-containing compounds, includingincluding, but not limited toto, phenyl mercuric acetate, as an added ingredient or as a byproduct of the manufacturing process.

      C.52:27D-130.5b  2.   Rules, a.regulations;

protection against mercury exposure.

     2.

a.

of this section. 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.

 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.

     c.     The Commissioner of Health shall review and, if necessary, revise the recommended standard of the maximum allowable amount of airborne mercury vapor concentration at least once every five years, or within days of any update to federal air quality regulations regarding mercury exposure, whichever occurs sooner, to ensure consistency with current scientific research, public health recommendations, and federal and State regulatory updates.updates.  Any revisions shall be published in the New Jersey Register and incorporated into all applicable regulatory guidance issued by the Department of Health.

 Any  revisionsC.52:27D-130.5c.  shallStandards, besite publishedinspections, inremoval, thedisposal Newof Jerseymercury Registerin andflooring incorporatedmaterial. into all applicable regulatory guidance issued by the Department of Health.

       3.    The Commissioner of Environmental Protection shall establish standards and conduct site inspections for the removal and disposal of flooring material that contains mercury and mercury-containing compounds that ensure compliance with hazardous waste regulations, environmental best practices, and safe disposal standards in accordance with federal and State law.

      C.52:27D-130.5d  4.   Public The Commissioner of Health, in consultation with the Commissioner of Environmental Protection, shall publish a publicly available list of flooring materialsmaterials, identifiedknown, as known or potential sources of mercury vapor emissions. emissions. The list shall indicate which flooring types require a manufacturer certification pursuant to the provisions of subsection a.

     4.    The Commissioner of Health, in consultation with the Commissioner of Environmental Protection, shall publish a publicly available list of flooring materials identified as known or potential sources of mercury vapor emissions.  The list shall indicate which flooring types require a manufacturer certification pursuant to the provisions of subsection a.

      C.52:27D-130.5e  5.   Air Anyquality school,assessment, communityretesting, center,reevaluation, orsubmitting childresults. care center as defined in subsection g.

     5.    Any school, community center, or child care center as defined in subsection g.

     c.     c.     submit the results of the assessment, including measured mercury vapor levels and mitigation actions taken, to the Department of Health;

      C.52:27D-130.5f  6.   Public The Commissioner of Health, in coordination with the Commissioner of Environmental Protection, shall establish and maintain a publicly accessible online database, updatedentities at least annually on or before July 31 of each year, listing all schools, community centers, and child care centers that have conducted testing for mercury-containing flooringflooring. under the requirements of this act.

 The     6.    The Commissioner of Health, in coordination with the Commissioner of Environmental Protection, shall establish and maintain a publicly accessible online database, updated at least annually on or before July 31 of each year, listing all schools, community centers, and child care centers that have conducted testing for mercury-containing flooring under the requirements of this act.  The database shall:

      C.52:27D-130.5g  7.   Entities Any school, community center, or child care center required to conducttest, testingreport andmercury-containing reportingflooring under the provisions of this act shall submit all required air quality testing and remediation reports to thesubmit Departmentresults. of Health annually on or before June 30 of each year.

     7.    Any school, community center, or child care center required to conduct testing and reporting under the provisions of this act shall submit all required air quality testing and remediation reports to the Department of Health annually on or before June 30 of each year.

                                            RequiresApproved newMay flooring7, for2026. schools, community centers, and child care centers to be certified mercury-free.