Bill S4381A-2013

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

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

Details

Actions

  • Jan 27, 2014: PRINT NUMBER 4381A
  • Jan 27, 2014: AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • Jan 8, 2014: REFERRED TO ENVIRONMENTAL CONSERVATION
  • Mar 25, 2013: REFERRED TO ENVIRONMENTAL CONSERVATION

Memo

BILL NUMBER:S4381A

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 establishes the effective date.

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:

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, 2015; 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, 2018.


Text

STATE OF NEW YORK ________________________________________________________________________ 4381--A 2013-2014 Regular Sessions IN SENATE March 25, 2013 ___________
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conser- vation -- recommitted to the Committee on Environmental Conservation in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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, 2015; 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, 2018.

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