Assembly Bill A7854

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Rules 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

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Bill Amendments

co-Sponsors

multi-Sponsors

2011-A7854 - Details

See Senate Version of this Bill:
S6535
Current Committee:
Senate Rules
Law Section:
Environmental Conservation Law
Laws Affected:
Add §37-0115, En Con L
Versions Introduced in Other Legislative Sessions:
2013-2014: A630, S4381
2015-2016: A418, S2595
2017-2018: A1156
2019-2020: A1304
2021-2022: A518

2011-A7854 - Summary

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

2011-A7854 - Bill Text download pdf 

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

                                  7854

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 19, 2011
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Environmental Conservation

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.

co-Sponsors

multi-Sponsors

2011-A7854A - Details

See Senate Version of this Bill:
S6535
Current Committee:
Senate Rules
Law Section:
Environmental Conservation Law
Laws Affected:
Add §37-0115, En Con L
Versions Introduced in Other Legislative Sessions:
2013-2014: A630, S4381
2015-2016: A418, S2595
2017-2018: A1156
2019-2020: A1304
2021-2022: A518

2011-A7854A - Summary

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

2011-A7854A - Bill Text download pdf 

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

                                 7854--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 19, 2011
                               ___________

Introduced  by  M. of A. ROSENTHAL, LIFTON, MURRAY, P. RIVERA, WEPRIN --
  Multi-Sponsored by -- M. of A. GLICK, GOTTFRIED, ORTIZ, PAULIN, THIELE
  -- read once and referred to the Committee on Environmental  Conserva-
  tion  -- recommitted to the Committee on Environmental Conservation in
  accordance with Assembly Rule 3, sec. 2 -- 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.  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11517-03-2

co-Sponsors

multi-Sponsors

2011-A7854B - Details

See Senate Version of this Bill:
S6535
Current Committee:
Senate Rules
Law Section:
Environmental Conservation Law
Laws Affected:
Add §37-0115, En Con L
Versions Introduced in Other Legislative Sessions:
2013-2014: A630, S4381
2015-2016: A418, S2595
2017-2018: A1156
2019-2020: A1304
2021-2022: A518

2011-A7854B - Summary

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

2011-A7854B - Bill Text download pdf 

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

                                 7854--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 19, 2011
                               ___________

Introduced  by  M.  of  A. ROSENTHAL, LIFTON, MURRAY, P. RIVERA, WEPRIN,
  COOK, MILLMAN, ABINANTI -- Multi-Sponsored by -- M. of A. GLICK, GOTT-
  FRIED, ORTIZ, PAULIN, THIELE -- read once and referred to the  Commit-
  tee  on  Environmental Conservation -- recommitted to the Committee on
  Environmental Conservation in accordance with Assembly Rule 3, sec.  2
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee -- again reported from said  commit-
  tee  with  amendments, 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.

co-Sponsors

multi-Sponsors

2011-A7854C (ACTIVE) - Details

See Senate Version of this Bill:
S6535
Current Committee:
Senate Rules
Law Section:
Environmental Conservation Law
Laws Affected:
Add §37-0115, En Con L
Versions Introduced in Other Legislative Sessions:
2013-2014: A630, S4381
2015-2016: A418, S2595
2017-2018: A1156
2019-2020: A1304
2021-2022: A518

2011-A7854C (ACTIVE) - Summary

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

2011-A7854C (ACTIVE) - Bill Text download pdf 

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

                                 7854--C

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 19, 2011
                               ___________

Introduced  by  M.  of  A. ROSENTHAL, LIFTON, MURRAY, P. RIVERA, WEPRIN,
  COOK, MILLMAN, ABINANTI -- Multi-Sponsored by -- M. of A. GLICK, GOTT-
  FRIED, ORTIZ, PAULIN, THIELE -- read once and referred to the  Commit-
  tee  on  Environmental Conservation -- recommitted to the Committee on
  Environmental Conservation in accordance with Assembly Rule 3, sec.  2
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee -- again reported from said  commit-
  tee  with  amendments, ordered reprinted as amended and recommitted to
  said committee -- again reported from said committee with  amendments,
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11517-07-2

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