S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4723
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 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-m
 to read as follows:
   § 409-M. 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.
                                                            LBD08644-01-9
              

 A. 4723                             2
 
   §  2.  Section 206 of the public health law is amended by adding a new
 subdivision 31 to read as follows:
   31.  THE  COMMISSIONER  SHALL  COMPILE,  PRODUCE AND DISTRIBUTE TO ALL
 PUBLIC AND PRIVATE SCHOOLS AND EDUCATIONAL INSTITUTIONS IN  THIS  STATE,
 MATERIALS  EXPLAINING  THE  HAZARDS  CREATED  BY  ELEMENTAL  MERCURY AND
 ACTIONS THAT MAY BE TAKEN TO REDUCE SUCH HAZARDS.
   § 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.