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Senate Bill S777

2009-2010 Legislative Session

Prohibits use, purchase and storage of mercury and mercury instruments in schools

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Archive: Last Bill Status - In Senate Committee Education Committee

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2009-S777 (ACTIVE) - Details

See Assembly Version of this Bill:
A1590
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Add §409-j, Ed L; amd §206, Pub Health L
Versions Introduced in Other Legislative Sessions:
2011-2012: S6282, A3855
2013-2014: A6403
2015-2016: A2347
2017-2018: A5531
2019-2020: A4723

2009-S777 (ACTIVE) - Summary

Prohibits the use, purchase and storage of mercury and mercury instruments in schools; 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.

2009-S777 (ACTIVE) - Sponsor Memo

2009-S777 (ACTIVE) - Bill Text download pdf 

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

                                   777

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 15, 2009
                               ___________

Introduced  by  Sen.  ALESI  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

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.
  S 2. Section 206 of the public health law is amended by adding  a  new
subdivision 26 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03466-01-9

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