NY State Senate Bill S6535C

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

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (7)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 25, 2012	print number 6535c
May 25, 2012	amend and recommit to environmental conservation
Apr 24, 2012	print number 6535b
Apr 24, 2012	amend and recommit to environmental conservation
Mar 06, 2012	print number 6535a
Mar 06, 2012	amend and recommit to environmental conservation
Feb 23, 2012	referred to environmental conservation

Bill Amendments

Original

C (Active)

Original

C (Active)

S6535 - Details

See Assembly Version of this Bill:: A7854
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §37-0115, En Con L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4381, A630
2015-2016: S2595, A418
2017-2018: A1156
2019-2020: A1304
2021-2022: A518

S6535 - Summary

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

S6535 - Sponsor Memo

S6535 - Bill Text download pdf

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

                                  6535

                            I N  S E N A T E

                            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

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.  ON  THE ONE HUNDRED TWENTIETH DAY AFTER THE EFFECTIVE DATE OF THIS
SECTION, A PERSON SHALL NOT SELL OR OFFER TO SELL AT WHOLESALE OR RETAIL
A PAVEMENT PRODUCT THAT IS LABELED AS CONTAINING COAL TAR.
  2. ON THE ONE HUNDRED EIGHTIETH DAY AFTER THE EFFECTIVE DATE  OF  THIS
SECTION,  A PERSON SHALL NOT APPLY A PAVEMENT PRODUCT THAT IS LABELED AS
CONTAINING COAL TAR ON A DRIVEWAY OR PARKING AREA.
  3. A. THE DEPARTMENT MAY ISSUE A NOTICE OF CORRECTIVE  ACTION  TO  ANY
PERSON IN VIOLATION OF SUBDIVISION ONE OR TWO OF THIS SECTION.
  B.  A MUNICIPAL CORPORATION, ACTING BY AND THROUGH ITS GOVERNING BODY,
MAY ENACT A  LOCAL  LAW,  ORDINANCE  OR  RESOLUTION  PROVIDING  FOR  THE
ENFORCEMENT  OF  SUBDIVISIONS  ONE  AND TWO OF THIS SECTION AND SHALL BE
DEEMED TO HAVE  CONCURRENT  JURISDICTION  WITH  THE  DEPARTMENT  IN  THE
ENFORCEMENT OF SUCH PROVISIONS.
  4.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
  A. "COAL TAR" MEANS A LIQUID OF HIGH VISCOSITY WITH VARIABLE  MIXTURES
OF  PHENOLS,  POLYCYCLIC  AROMATIC HYDROCARBONS (PAHS), AND HETEROCYCLIC
COMPOUNDS.
  B. "PAVEMENT PRODUCT" MEANS A MATERIAL THAT IS FOR USE ON  AN  ASPHALT
OR CONCRETE SURFACE, INCLUDING BUT NOT LIMITED TO SEALCOAT.
  C.  "PERSON"  MEANS  ANY  INDIVIDUAL,  FIRM, ASSOCIATION, PARTNERSHIP,
CORPORATION, ORGANIZATION, OR JOINT VENTURE.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11517-02-1

S6535A - Details

See Assembly Version of this Bill:: A7854
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §37-0115, En Con L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4381, A630
2015-2016: S2595, A418
2017-2018: A1156
2019-2020: A1304
2021-2022: A518

S6535A - Summary

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

S6535A - Sponsor Memo

BILL NUMBER:S6535A

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.

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 seal
coats contain high concentrations of polycyclic aromatic hydrocarbons
(PARs), 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:
Undetermined.

EFFECTIVE DATE:
This act shall take effect immediately. Within this act, it is
explained that the provisions will not be enforceable until the one
hundred and eightieth day after this act shall have become a law.

S6535A - Bill Text download pdf

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

                                 6535--A

                            I N  S E N A T E

                            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

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. ON THE ONE HUNDRED TWENTIETH DAY AFTER THE EFFECTIVE DATE  OF  THIS
SECTION, A PERSON SHALL NOT SELL OR OFFER TO SELL AT WHOLESALE OR RETAIL
A PAVEMENT PRODUCT THAT IS LABELED AS CONTAINING COAL TAR.
  2.  ON  THE ONE HUNDRED EIGHTIETH DAY AFTER THE EFFECTIVE DATE OF THIS
SECTION, A PERSON SHALL NOT APPLY A PAVEMENT PRODUCT THAT IS LABELED  AS
CONTAINING COAL TAR ON A DRIVEWAY OR PARKING AREA.
  3.  A.  THE  DEPARTMENT MAY ISSUE A NOTICE OF CORRECTIVE ACTION TO ANY
PERSON IN VIOLATION OF SUBDIVISION ONE OR TWO OF THIS SECTION.
  B. A MUNICIPAL CORPORATION, ACTING BY AND THROUGH ITS GOVERNING  BODY,
MAY  ENACT  A  LOCAL  LAW,  ORDINANCE  OR  RESOLUTION  PROVIDING FOR THE
ENFORCEMENT OF SUBDIVISIONS ONE AND TWO OF THIS  SECTION  AND  SHALL  BE
DEEMED  TO  HAVE  CONCURRENT  JURISDICTION  WITH  THE  DEPARTMENT IN THE
ENFORCEMENT OF SUCH PROVISIONS.
  4. THE PROVISIONS OF THIS SECTION SHALL  APPLY  TO  ANY  AIRPORTS  NOT
CURRENTLY REQUIRED UNDER FEDERAL LAW TO USE A COAL TAR PAVEMENT PRODUCT.
  5.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
  A. "COAL TAR" MEANS A LIQUID OF HIGH VISCOSITY WITH VARIABLE  MIXTURES
OF  PHENOLS,  POLYCYCLIC  AROMATIC HYDROCARBONS (PAHS), AND HETEROCYCLIC
COMPOUNDS.
  B. "PAVEMENT PRODUCT" MEANS A MATERIAL THAT IS FOR USE ON  AN  ASPHALT
OR CONCRETE SURFACE, INCLUDING BUT NOT LIMITED TO SEALCOAT.
  C.  "PERSON"  MEANS  ANY  INDIVIDUAL,  FIRM, ASSOCIATION, PARTNERSHIP,
CORPORATION, ORGANIZATION, OR JOINT VENTURE.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11517-04-2

S6535B - Details

See Assembly Version of this Bill:: A7854
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §37-0115, En Con L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4381, A630
2015-2016: S2595, A418
2017-2018: A1156
2019-2020: A1304
2021-2022: A518

S6535B - Summary

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

S6535B - Sponsor Memo

BILL NUMBER:S6535B

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

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to prohibit the use and sale of pave-
ment products which contain coal tar

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the environmental conservation law by adding a new
section 37-0115.

Section 2 establishes the effective date.

JUSTIFICATION:
Recent studies conducted by the U.S. Geological Survey have shown 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 acci-
dentally 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, contain and
shed far fewer toxic particles, government tests show.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
Undetermined.

EFFECTIVE DATE:
This act shall take effect July 1, 2013; provided that subdivision two
of section 37-0115 of the environmental conservation law as added by
section one of this act shall take effect July 1, 2016.

S6535B - Bill Text download pdf

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

                                 6535--B

                            I N  S E N A T E

                            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

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 LIQUID OF HIGH VISCOSITY WITH VARIABLE  MIXTURES
OF  PHENOLS,  POLYCYCLIC  AROMATIC HYDROCARBONS (PAHS), AND HETEROCYCLIC
COMPOUNDS.
  B. "PAVEMENT PRODUCT" MEANS A MATERIAL THAT IS FOR USE ON  AN  ASPHALT
OR CONCRETE SURFACE, INCLUDING BUT NOT LIMITED TO SEALCOAT.
  S  2.  This act shall take effect July 1, 2013; provided that subdivi-
sion two of section 37-0115 of the  environmental  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.
                                                           LBD11517-06-2

S6535C (ACTIVE) - Details

See Assembly Version of this Bill:: A7854
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §37-0115, En Con L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4381, A630
2015-2016: S2595, A418
2017-2018: A1156
2019-2020: A1304
2021-2022: A518

S6535C (ACTIVE) - Summary

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

S6535C (ACTIVE) - Sponsor Memo

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 pave-
ment 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.

S6535C (ACTIVE) - Bill Text download pdf

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

                                 6535--C

                            I N  S E N A T E

                            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

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The New York State Senate

senate Bill S6535C

Sponsored By

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

Your Voice

Actions

Bill Amendments

S6535 - Details

S6535 - Summary

S6535 - Sponsor Memo

S6535 - Bill Text download pdf

S6535A - Details

S6535A - Summary

S6535A - Sponsor Memo

S6535A - Bill Text download pdf

S6535B - Details

S6535B - Summary

S6535B - Sponsor Memo

S6535B - Bill Text download pdf

S6535C (ACTIVE) - Details

S6535C (ACTIVE) - Summary

S6535C (ACTIVE) - Sponsor Memo

S6535C (ACTIVE) - Bill Text download pdf

Comments

senate Bill S6535C

Share this bill

Sponsored By

Carl L Marcellino

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

Your Voice

Actions

Bill Amendments

S6535 - Details

S6535 - Summary

S6535 - Sponsor Memo

S6535 - Bill Text download pdf

S6535A - Details

S6535A - Summary

S6535A - Sponsor Memo

S6535A - Bill Text download pdf

S6535B - Details

S6535B - Summary

S6535B - Sponsor Memo

S6535B - Bill Text download pdf

S6535C (ACTIVE) - Details

S6535C (ACTIVE) - Summary

S6535C (ACTIVE) - Sponsor Memo

S6535C (ACTIVE) - Bill Text download pdf

Comments