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.
STATE OF NEW YORK
________________________________________________________________________
3855--A
2011-2012 Regular Sessions
IN ASSEMBLY
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 § 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 § 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 § 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.
