The New York State Senate

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

                                  1156

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 10, 2017
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL,  ENGLEBRIGHT, OTIS, COOK, WEPRIN,
  ABINANTI, LIFTON, MOSLEY, COLTON, GALEF -- Multi-Sponsored by -- M. of
  A. GLICK, GOTTFRIED, ORTIZ, PAULIN, PERRY, THIELE  --  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:
§ 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.
  § 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.
  § 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 twenty-four months
after it shall have become a law; 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 forty-eight months after it
shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05355-01-7