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S1370 SCS ACO Statement 3/19/26
ASSEMBLY CONSUMER AFFAIRS COMMITTEE
STATEMENT TO
SENATE COMMITTEE SUBSTITUTE
SENATE, No.
1370
STATE
OF NEW JERSEY
DATED:
�MARCH
19, 2026
����� The Assembly Consumer Affairs committee reports
favorably a Senate Committee Substitute for Senate Bill No. 1370.
����� As reported by the committee, this Senate committee
substitute prohibits construction permits from being issued to construct or
repair flooring in schools, community centers, or child care centers unless the
flooring materials are certified mercury-free by the manufacturer, if the
materials are identified by the Department of Health (DOH) as potential sources
of mercury exposure.� The certification requirement is to apply only to
existing flooring materials that have been specifically identified by the
Department of Environmental Protection (DEP), in consultation with the DOH, as
known or potential sources of mercury vapor emissions.� In cases where the
building has flooring that may contain mercury, such as poured polyurethane or
phenyl mercuric acetate, the applicant may take the following actions: (1)
certify that the existing flooring is mercury-free; (2) certify that an air
quality assessment has been conducted to test if mercury vapor levels are
within safe limits as determined by the DOH; (3) if unsafe mercury levels are
found, implement mitigation measures such as adjusting HVAC systems to reduce
mercury vapor to acceptable levels; (4) if testing still reveals high mercury
levels, implement further mitigation measures or remove the flooring; and (5)
if all mitigating measures fail, remove and properly dispose of the flooring.
����� In cases where the flooring is required to be removed,
it is to be done within six months after the final air quality assessment,
unless a one-time, six-month extension is granted by the DOH due to factors out
of the applicant�s control such as supply chain delays or contractor issues.�
All removal and disposal of flooring is to be done in compliance with
regulations established by the DEP.
����� The committee substitute provides that a construction
permit may be issued for flooring work in schools, community centers, or child
care centers if the permit is necessary to comply with specific rules and
regulations established by the DOH, and if the applicant obtains a certification
from the DOH, as required by the committee substitute.
����� Under the committee substitute, if a flooring
manufacturer falsely certifies that their product is mercury-free, the flooring
manufacturer is liable for a civil penalty.� The penalty is $10,000 for a first
offense and $25,000 for subsequent offenses, which may be enforced by the local
enforcing agency in accordance with the �Penalty Enforcement Law of 1999.�� In
the case of any flooring identified by the DEP and DOH 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 the committee substitute
are to rest with the owner of the building.� If the current school, child care
center, or community center is also the owner of the building, the owner is to
be responsible for compliance with the provisions of the committee substitute.
����� The committee substitute requires the Commissioner of
Health, in consultation with the Commissioner of Environmental Protection, to
adopt rules and regulations as specified in the committee substitute.
����� The committee substitute provides that upon a
demonstration to the DOH by the applicant that the procedures established under
the provisions of this committee substitute have been followed and that the
installed flooring material is mercury-free, the DOH is to issue a
certification that the applicant is not required to remove the flooring
material prior to the issuance of a construction permit.
����� The committee substitute requires the Commissioner of
Health to review and, if necessary, update the maximum allowable airborne
mercury vapor concentration standard at least every five years or within 90
days of any federal update on mercury exposure, whichever comes first.� This
review ensures the standard remains aligned with the latest scientific
research, public health recommendations, and regulatory changes.� Any updates
will be published in the New Jersey Register and incorporated into all
applicable regulatory guidance issued by the DOH.
����� The committee substitute requires the Commissioner of
Environmental Protection to 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.
����� The committee substitute requires the Commissioners of
Health and Environmental Protection to publish on their agency websites a list
of the flooring materials identified as known or potential sources of mercury
vapor emissions. The list is to include poured polyurethane flooring
manufactured between 1960 and 2005 and be updated as new information emerges.
����� Under the committee substitute, any school, community
center, or child care center that conducts an air quality assessment is to
perform certain actions as enumerated in the committee substitute and are
required to submit their air quality testing and remediation reports to the DOH
on or before June 30 each year.
����� The committee substitute also requires the
Commissioner of Health, in coordination with the Commissioner of Environmental
Protection, to create and maintain a publicly accessible online database that
is updated annually on or before July 31.� The database would list all schools,
community centers, and child care centers that have tested for
mercury-containing flooring, identify the presence of mercury and implemented
remediation measures, and publish periodic retesting results and compliance
status.�
����� As reported by the committee, Senate Committee Substitute
No. 1370 is identical to Assembly Bill No. 1514, which was also reported by the
committee on this date.