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BILL NUMBER:S6535C

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 section 37-0115.

This section:

o Prohibits the selling or offering for sale a pavement product   containing coal tar. o Prohibits a person from applying a pavement product that is labeled   as containing coal tar on a driveway or parking area. o Applies to any airports not required under federal law to use a coal   tar pavement product. o Defines "Coal Tar" and "Pavement Product" for the purposes of this   section.

Section 2: Clarifies that 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.

Section 3: 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, especially in young children who crawl through, and might accidentally ingest, the toxic dust.

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:

None.

FISCAL IMPLICATIONS: None to the State.

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, 2013; 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, 2016.

Text

STATE OF NEW YORK
________________________________________________________________________

6535--C

IN SENATE

February 23, 2012
___________

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 -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  -- 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 July 1, 2013;
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, 2016.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11517-08-2