senate Bill S4381A

2013-2014 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 Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 27, 2014 print number 4381a
amend and recommit to environmental conservation
Jan 08, 2014 referred to environmental conservation
Mar 25, 2013 referred to environmental conservation

Bill Amendments

Original
A (Active)
Original
A (Active)

S4381 - Bill Details

See Assembly Version of this Bill:
A630A
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add §37-0115, En Con L
Versions Introduced in 2011-2012 Legislative Session:
A7854, A7854C, S6535C

S4381 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4381

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 sec 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
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. 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: 2011-12: S. 6535-C Environmental Conservation/S.
7854-C Passed Assembly

FISCAL IMPLICATIONS: Undetermined.

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, 2014; 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, 2017.

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

                                  4381

                       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

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, 2014;
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, 2017.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05039-01-3

S4381A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A630A
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add §37-0115, En Con L
Versions Introduced in 2011-2012 Legislative Session:
A7854, A7854C, S6535C

S4381A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4381A

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 sec
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 water-
ways 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.

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:

2011-12: S. 6535-C Environmental Conservation/S. 7854-C Passed Assembly

FISCAL IMPLICATIONS:

Undetermined.

EFFECTIVE DATE:

This act shall take effect immediately; provided however that subdivi-
sion 1 of section 37-0115 of the environmental conservation law 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 environmental
conservation law as added by section one of this act shall take effect
July 1, 2018.

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

                                 4381--A

                       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-
  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.  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05039-02-4

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.

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