State committee OKs mercury vapor bill

On May 30, a bill that would ban flooring with mercury in it — such as the ones found in the Cubs Cave at Norman J. Levy Lakeside Elementary School in Merrick — and would set state standards for mercury vapor exposure passed through the State Senate’s Environmental Conservation Committee.

State Sen. Todd Kaminsky, a Long Beach Democrat who heads the committee, said he’s hopeful the legislation will be passed by the full State Legislature and delivered to Gov. Andrew Cuomo’s desk for his signature. “It concerns many parents and teachers,” Kaminsky said, “and deals with the safety of children, so I imagine this bill would be a priority.”

But the number of days to get that done is running low — barring any unexpected surprises, the Legislature will end its 2019 session on June 19. There are only four legislative days left in the session, and the Senate and Assembly have a number of high-profile matters to tend to, such as rent regulations, whether or not to issue driver’s licenses to undocumented immigrants and more.

Additionally, the Assembly version of the bill — carried by State Assemblywoman Judy Griffin, a Rockville Centre Democrat — has yet to be voted in that chamber’s Environmental Conservation Committee.

Still, Kaminsky is hopeful both houses will vote the bill on before the end of session. “It’s without opposition and I believe it will be voted on in the coming days,” he said. Griffin also expressed optimism for the bill’s fate. “Mercury Vapor is a silent and life altering danger to children,” she said in an email. “It is essential that this harmful odorless vapor be removed from any schools where detectable levels are present and I am hopeful the bill will pass this legislative session.”

The bill would ban all schools, public and nonpublic, from using flooring that could contain mercury. The legislation would also set the state limit for exposure to mercury vapor in schools at 0.75 nanograms per cubic meter of air. Right now, New York has no acceptable limit for mercury exposure in schools.

It was introduced shortly after elevated levels of mercury were detected in the Cubs Cave — a multipurpose room at Levy Lakeside. Preliminary testing at the school was ordered after district officials became aware that the flooring in the Cubs Cave could emit mercury vapor. According to the New Jersey Education Association, rubber-like polyurethane floors installed in schools from the 1960s to the 1990s contain a chemical that breaks down and releases the vapor.

Tests found mercury concentrations of 0.34 micrograms per cubic meter of air in Cubs Cave, 0.18 in the storage room, .014 outside the room and 0.15 in the office outside, according to Newsday. Dominick Palma, the Merrick School District’s superintendent, said additional testing is being conducted and additional information would be provided at the board of education’s June 11 meeting.

Mercury vapor had been detected elsewhere on Long Island last month, and the Amityville and Miller Place school districts have closed rooms that have been affected.

Kaminsky has asked the State Education Department to determine the scope of the problem throughout New York, and for the agency to give advice to school districts on how to address the issue. “We would love to have that guidance come to schools as soon as possible,” he said. “The state needs to be working on what’s happening in schools right now.”

The State Education Department said in a statement that it would contact all schools about mercury vapor, and that it was working in conjunction with the health, environmental conservation and labor departments to develop guidelines for mercury testing in schools.