Senate Bill S6535

2011-2012 Legislative Session

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

download bill text pdf

Sponsored By

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

Bill Amendments

2011-S6535 - Details

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
2015-2016: S2595

2011-S6535 - Summary

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

2011-S6535 - Sponsor Memo

2011-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
              

2011-S6535A - Details

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
2015-2016: S2595

2011-S6535A - Summary

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

2011-S6535A - Sponsor Memo

2011-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.

              

2011-S6535B - Details

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
2015-2016: S2595

2011-S6535B - Summary

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

2011-S6535B - Sponsor Memo

2011-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


              

2011-S6535C (ACTIVE) - Details

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
2015-2016: S2595

2011-S6535C (ACTIVE) - Summary

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

2011-S6535C (ACTIVE) - Sponsor Memo

2011-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.

              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.