S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
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-
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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 4381--A 2
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.