NY State Senate Bill S6308A

Archive: Last Bill Status - Passed Senate

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

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Actions

view actions (8)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 22, 2020	referred to codes delivered to assembly passed senate ordered to third reading cal.973
Jun 26, 2020	print number 6308a
Jun 26, 2020	amend and recommit to environmental conservation
Jan 08, 2020	referred to environmental conservation
Jun 04, 2019	referred to rules

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S6308 - Details

See Assembly Version of this Bill:: A1304
Current Committee:: Assembly Codes
Law Section:: Environmental Conservation Law
Laws Affected:: Add §37-0117, En Con L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A7854
2013-2014: A630
2015-2016: A418
2017-2018: A1156
2021-2022: S4095, A518

S6308 - Summary

Prohibits the sale and use of pavement products containing coal tar.

S6308 - Sponsor Memo

 
BILL NUMBER: S6308

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

 
PURPOSE:

This bill prohibits the use and sale of pavement products which contain
coal tar.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the environmental conservation law by adding a new
see 37-0115.

Section two sets forth 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 (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 level s 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 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.

 
LEGISLATIVE HISTORY:

2017-18: A.1156 - Ordered to Third Reading Calendar
2015-16: A.418 - Ordered to Third Reading Rules Calendar; S.2595-A
Referred to Environmental Conservation
2013-14: A.630-A - Passed Assembly; S.4381-A - Referred to Environmental
Conservation
2011-12: A.7284-C - Passed Assembly; S.6535-C - Referred to Environ-
mental Conservation

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This bill 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 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.

S6308 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6308
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 4, 2019
                                ___________
 
 Introduced  by  Sen. METZGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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.
                                                            LBD01018-01-9

Co-Sponsors

S6308A (ACTIVE) - Details

See Assembly Version of this Bill:: A1304
Current Committee:: Assembly Codes
Law Section:: Environmental Conservation Law
Laws Affected:: Add §37-0117, En Con L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A7854
2013-2014: A630
2015-2016: A418
2017-2018: A1156
2021-2022: S4095, A518

S6308A (ACTIVE) - Summary

Prohibits the sale and use of pavement products containing coal tar.

S6308A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S6308A              Revised 7/27/2020

SPONSOR: METZGER
 
TITLE OF BILL:

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

 
PURPOSE:

This bill prohibits the use and sale of pavement products which contain
coal tar.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the environmental conservation law by adding a new
sec 37-0117.

Section two sets forth the effective date.

JUSTIFICATION:

Coal tar-based sealcoat used in parking lots and playgrounds is a potent
source of polycyclic aromatic hydrocarbons (PAHs), a known human carci-
nogen that is also acutely toxic to fish and other aquatic life. Wash-
ington, Minnesota, and Washington, D.C., as well as a number of counties
and cities, have already passed laws to ban coal tar sealants.

According to the United States Geological Survey, coal tar-based pave-
ment sealcoat typically contains about 100 times more PAHs than in used
motor oil and about 1,000 times more PAHs than in sealcoat products with
an asphalt (oil) base. When sealcoat wears off, PAHs are carried away by
stormwater, and high concentrations of PAHs from coal tar-based sealants
have been found in soils, house dust, and waterbodies in areas surround-
ing their use. Studies have identified dangerous levels in homes, where
dust can be accidentally ingested by small children crawling through the
toxic dust.

 
LEGISLATIVE HISTORY:

2017-18: A.1156 - Ordered to Third Reading Calendar

2015-16: A.418 - Ordered to Third Reading Rules Calendar; S.2595-A
Referred to Environmental Conservation

2013-14: A.630-A - Passed Assembly; 5.4381-A - Referred to Environmental
Conservation

2011-12: A.7284-C - Passed Assembly; S.6535-C - Referred to Environ-
mental Conservation

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This bill shall take effect immediately, provided however that subdivi-
sion I of section 37-0117 of the environmental conservation law as added
by section one of this act shall take effect twelve months after it
shall have become a law; provided further that subdivision 2 of section
37-0117 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.

S6308A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6308--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 4, 2019
                                ___________
 
 Introduced  by Sens. METZGER, KRUEGER -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules  --  recom-
   mitted  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 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 37-0117 to read as follows:
 § 37-0117. 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. 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 37-0117 of the environmental conservation  law,
 as  added  by  section  one of this act, shall take effect twelve months
 after it shall have become a law; provided further that subdivision 2 of
 section 37-0117 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.
                                                            LBD01018-05-0

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The New York State Senate

senate Bill S6308A

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jul 22, 2020 - floor Vote

Floor Vote: Jul 22, 2020

Jul 22, 2020 - Rules committee Vote

Rules Committee Vote: Jul 22, 2020

Bill Amendments

Co-Sponsors

S6308 - Details

S6308 - Summary

S6308 - Sponsor Memo

S6308 - Bill Text download pdf

Co-Sponsors

S6308A (ACTIVE) - Details

S6308A (ACTIVE) - Summary

S6308A (ACTIVE) - Sponsor Memo

S6308A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S6308A

Share this bill

Sponsored By

Jen Metzger

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jul 22, 2020 - floor Vote

Floor Vote: Jul 22, 2020

Jul 22, 2020 - Rules committee Vote

Rules Committee Vote: Jul 22, 2020

Bill Amendments

Co-Sponsors

Liz Krueger

S6308 - Details

S6308 - Summary

S6308 - Sponsor Memo

S6308 - Bill Text download pdf

Co-Sponsors

Anna M. Kaplan

Liz Krueger

James Sanders Jr.

S6308A (ACTIVE) - Details

S6308A (ACTIVE) - Summary

S6308A (ACTIVE) - Sponsor Memo

S6308A (ACTIVE) - Bill Text download pdf

Comments