NY State Senate Bill 2015-S2595A

Senate Bill S2595A

2015-2016 Legislative Session

Prohibits the sale of pavement products containing coal tar; prohibits the use of pavement products containing coal tar

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to environmental conservation
Feb 11, 2015	print number 2595a
Feb 11, 2015	amend and recommit to environmental conservation
Jan 26, 2015	referred to environmental conservation

Bill Amendments

Original

A (Active)

2015-S2595 - Details

See Assembly Version of this Bill:: A418
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §37-0115, En Con L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6535, A7854
2013-2014: S4381, A630
2017-2018: A1156
2019-2020: A1304
2021-2022: A518

2015-S2595 - Summary

Prohibits the sale and use of pavement products containing coal tar.

2015-S2595 - Sponsor Memo

                                BILL NUMBER:S2595

TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to prohibiting coal tar in pavement products

PURPOSE:

The purpose of this legislation is to prohibit the use and sale of
pavement products which contain coal tar.

SUMMARY OF PROVISIONS:

Section 1 amends the environmental conservation law by adding a new
sec 37-0115.

Section 2 states this act shall not be deemed to preempt any local law
restricting the use of coal tar pavement products adopted prior to the
effective date of this act.

JUSTIFICATION:

Recent studies conducted by the U.S. Geological Survey showed that
while levels of the majority of common environmental pollutants in our
waterways are consistently declining, components of coal tar sealants
are being found at increasing levels. Coal tar-based sealcoats contain
high concentrations of polycyclic aromatic hydrocarbons (PAHs), which

have been linked to cancer and are toxic to fish and other aquatic
life. Results of the studies also identified chemicals associated with
the coal tar sealants in house dust at dangerous levels. These levels
are alarming because they have been proven to contribute to the risk
of cancer.

The state of Washington, Washington, DC, and numerous other towns;
cities and counties have already passed laws to ban coal tar sealants.
Asphalt-based sealants, an alternative to coal tar sealants, shed far
fewer toxic particles, government tests show.

LEGISLATIVE HISTORY:

2013-14: S.4381-A Environmental Conservation/ A.630-A Passed Assembly
2011-12: S.6535-C Environmental Conservation/S.7854-C Passed Assembly

FISCAL IMPLICATIONS:

Undetermined.

EFFECTIVE DATE:

This act shall take effect immediately; provided however that
subdivision 1 of section 37-0115 of the environmental conservation law
as added by section one of this act shall take effect July 1, 2016;
provided further that subdivision 2 of section 37-0115 of the
environmental conservation law as added by section one of this act
shall take effect July 1, 2019.

2015-S2595 - Bill Text download pdf

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

                                  2595

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 26, 2015
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Environmental Conser-
  vation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  prohibiting coal tar in pavement products

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The environmental conservation law is amended by  adding  a
new section 37-0115 to read as follows:
S 37-0115. COAL TAR; PROHIBITED.
  1.  A  PERSON  SHALL  NOT  SELL  OR  OFFER FOR SALE A PAVEMENT PRODUCT
CONTAINING COAL TAR.
  2. A PERSON SHALL NOT APPLY A PAVEMENT  PRODUCT  THAT  IS  LABELED  AS
CONTAINING COAL TAR ON A DRIVEWAY OR PARKING AREA.
  3.  THE  PROVISIONS  OF  THIS  SECTION SHALL APPLY TO ANY AIRPORTS NOT
REQUIRED UNDER FEDERAL LAW TO USE A COAL TAR PAVEMENT PRODUCT.
  4. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
FOLLOWING MEANINGS:
  A.  "COAL  TAR"  MEANS A VISCOUS SUBSTANCE OBTAINED BY THE DESTRUCTIVE
DISTILLATION OF COAL AND CONTAINING LEVELS OF POLYCYCLIC AROMATIC HYDRO-
CARBONS (PAHS) IN EXCESS OF TEN THOUSAND MILLIGRAMS PER KILOGRAM.
  B. "PAVEMENT PRODUCT" MEANS A MATERIAL THAT IS FOR USE ON  AN  ASPHALT
OR CONCRETE SURFACE, INCLUDING BUT NOT LIMITED TO SEALCOAT.
  S  2.  Nothing  in  this  act shall be deemed to preempt any local law
restricting the use of coal tar pavement products adopted prior  to  the
effective date of this act.
  S  3.  This  act  shall take effect immediately; provided however that
subdivision 1 of section 37-0115 of the environmental  conservation  law
as  added  by  section  one  of this act shall take effect July 1, 2016;
provided further that subdivision 2 of section 37-0115 of  the  environ-
mental  conservation  law as added by section one of this act shall take
effect July 1, 2019.

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

                                                           LBD04061-02-5

co-Sponsors

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2015-S2595A (ACTIVE) - Details

See Assembly Version of this Bill:: A418
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §37-0115, En Con L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6535, A7854
2013-2014: S4381, A630
2017-2018: A1156
2019-2020: A1304
2021-2022: A518

2015-S2595A (ACTIVE) - Summary

Prohibits the sale and use of pavement products containing coal tar.

2015-S2595A (ACTIVE) - Sponsor Memo

2015-S2595A (ACTIVE) - Bill Text download pdf

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

                                 2595--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 26, 2015
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Environmental Conser-
  vation -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  prohibiting coal tar in pavement products

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The environmental conservation law is amended by adding a
new section 37-0115 to read as follows:
S 37-0115. COAL TAR; PROHIBITED.
  1. A PERSON SHALL NOT SELL  OR  OFFER  FOR  SALE  A  PAVEMENT  PRODUCT
CONTAINING COAL TAR.
  2.  A  PERSON  SHALL  NOT  APPLY A PAVEMENT PRODUCT THAT IS LABELED AS
CONTAINING COAL TAR ON A DRIVEWAY OR PARKING AREA.
  3. THE PROVISIONS OF THIS SECTION SHALL  APPLY  TO  ANY  AIRPORTS  NOT
REQUIRED UNDER FEDERAL LAW TO USE A COAL TAR PAVEMENT PRODUCT.
  4.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
  A. "COAL TAR" MEANS A VISCOUS SUBSTANCE OBTAINED  BY  THE  DESTRUCTIVE
DISTILLATION OF COAL AND CONTAINING LEVELS OF POLYCYCLIC AROMATIC HYDRO-
CARBONS (PAHS) IN EXCESS OF TEN THOUSAND MILLIGRAMS PER KILOGRAM.
  B.  "PAVEMENT  PRODUCT" MEANS A MATERIAL THAT IS FOR USE ON AN ASPHALT
OR CONCRETE SURFACE, INCLUDING BUT NOT LIMITED TO SEALCOAT.
  S 2. Nothing in this act shall be deemed  to  preempt  any  local  law
restricting  the  use of coal tar pavement products adopted prior to the
effective date of this act.
  S 3. This act shall take effect  immediately;  provided  however  that
subdivision  1  of section 37-0115 of the environmental conservation law
as added by section one of this act shall take effect twenty-four months
after it shall have become a law; provided further that subdivision 2 of
section 37-0115 of  the  environmental  conservation  law  as  added  by
section  one  of  this act shall take effect forty-eight months after it
shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04061-03-5

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Senate Bill S2595A

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Sponsored By

Carl L. Marcellino