S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1590

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

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:

  Section  1. The education law is amended by adding a new section 409-j
to read as follows:
  S 409-J. ELIMINATION OF THE USE OF ELEMENTAL  MERCURY.  1.  EXCEPT  AS
OTHERWISE  PROVIDED  IN  SUBDIVISION  TWO  OF THIS SECTION, NO PUBLIC OR
PRIVATE SCHOOL OR EDUCATIONAL INSTITUTION IN THIS STATE SHALL  PURCHASE,
USE  OR  STORE  ANY  QUANTITY  OF FREE FLOWING ELEMENTAL MERCURY FOR ANY
PURPOSE, NOR PURCHASE, USE OR STORE ANY INSTRUMENT WHICH CONTAINS MERCU-
RY INCLUDING, BUT NOT LIMITED TO, THERMOMETERS,  BAROMETERS,  SPHYGMOMA-
NOMETERS AND MANOMETERS.
  2.  IF  NO  REASONABLY ACCEPTABLE, MERCURY-FREE ALTERNATIVE EXISTS FOR
ANY INSTRUMENT PROHIBITED BY SUBDIVISION ONE OF THIS SECTION,  A  SCHOOL
OR  EDUCATIONAL  INSTITUTION  MAY  USE  SUCH  TYPE  OF  INSTRUMENT WHICH
CONTAINS THE LOWEST MERCURY CONTENT READILY AVAILABLE ON THE MARKET.
  3. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF ENVIRON-
MENTAL CONSERVATION, SHALL PROMULGATE RULES  AND  REGULATIONS  REQUIRING
PUBLIC AND PRIVATE SCHOOLS AND EDUCATIONAL INSTITUTIONS IN THIS STATE TO
DISPOSE  OF OR RECYCLE ANY QUANTITY OF ELEMENTAL MERCURY AND INSTRUMENTS
CONTAINING MERCURY IN A MANNER WHICH IS LEAST HARMFUL  TO  THE  ENVIRON-
MENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03466-01-9

A. 1590                             2

  S  2.  Section 206 of the public health law is amended by adding a new
subdivision 26 to read as follows:
  26.  THE  COMMISSIONER  SHALL  COMPILE,  PRODUCE AND DISTRIBUTE TO ALL
PUBLIC AND PRIVATE SCHOOLS AND EDUCATIONAL SCHOOLS IN THIS STATE,  MATE-
RIALS  EXPLAINING  THE  HAZARDS CREATED BY ELEMENTAL MERCURY AND ACTIONS
THAT MAY BE TAKEN TO REDUCE SUCH HAZARDS.
  S 3. This act shall take effect immediately, except that  section  one
of  this  act shall take effect on the first of July next succeeding the
date on which it shall have become a law.