TRENTON – The Senate passed legislation sponsored by Senator Joseph Lagana that would require new flooring installed in schools, community centers, and childcare centers to be certified mercury-free, strengthening protections against harmful mercury exposure for children, families, and staff.

The bill, S-1370, would prohibit the issuance of a construction permit for the installation, repair, replacement, or upgrade of flooring in facilities unless the flooring materials are certified by the manufacturer as mercury-free and identified by the Department of Health (DOH) as potential sources of mercury exposure.

“Every child deserves a safe, healthy environment to learn and play,” said Senator Lagana (D-Bergen). “This legislation takes a proactive, science-based approach against mercury exposure by ensuring that the materials used in schools, community centers, and childcare facilities meet clear health standards before they are ever installed.”

The bill also establishes a framework for addressing existing flooring that may contain mercury, including poured polyurethane flooring. In such cases, applicants could comply by certifying that the flooring is mercury-free, conducting air-quality assessments to confirm that mercury vapor levels are within DOH-recommended limits, or implementing mitigation measures, such as HVAC adjustments. If unsafe mercury levels persist after mitigation efforts, the flooring must be removed and properly disposed of in accordance with Department of Environmental Protection (DEP) regulations.

Flooring manufacturers that knowingly issue false mercury-free certifications would be subject to civil penalties of $10,000 for a first offense and $25,000 for additional violations.

In addition, the legislation would require regular review and updating of mercury vapor standards to ensure alignment with the latest scientific research and public health guidance. Schools, community centers, and child care centers that conduct air quality testing would be required to periodically retest, submit results to the DOH, and maintain publicly accessible records. The DOH and DEP would also maintain an online database detailing testing, remediation efforts, and compliance status across the state.

Concerns over mercury-containing flooring stem from rubber-like polyurethane floors commonly installed in schools and gymnasiums from the 1960s through the early 2000s, which can release invisible, odorless mercury vapor over time. Between 2017 and 2019, elevated mercury levels forced the closure of several New Jersey school gymnasiums. In response, the New Jersey Schools Development Authority implemented a mercury-free flooring certification requirement in 2019, and the Department of Health later issued updated guidance for managing mercury-containing floors. This legislation would codify and expand those protections to help prevent future exposure statewide.