Bill Text: NY A01156 | 2017-2018 | General Assembly | Introduced

New York Assembly Bill 1156 (Prior Session Legislation)

Introduced

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

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Introduced - Dead) 2018-01-03 - ordered to third reading cal.79 [A01156 Detail]

Download: New_York-2017-A01156-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          1156
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    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:
     1    Section  1.  The environmental conservation law is amended by adding a
     2  new section 37-0115 to read as follows:
     3  § 37-0115. Coal tar; prohibited.
     4    1. A person shall not sell  or  offer  for  sale  a  pavement  product
     5  containing coal tar.
     6    2.  A  person  shall  not  apply a pavement product that is labeled as
     7  containing coal tar on a driveway or parking area.
     8    3. The provisions of this section shall  apply  to  any  airports  not
     9  required under federal law to use a coal tar pavement product.
    10    4.  For  purposes  of this section, the following terms shall have the
    11  following meanings:
    12    a. "Coal tar" means a viscous substance obtained  by  the  destructive
    13  distillation of coal and containing levels of polycyclic aromatic hydro-
    14  carbons (PAHs) in excess of ten thousand milligrams per kilogram.
    15    b.  "Pavement  product" means a material that is for use on an asphalt
    16  or concrete surface, including but not limited to sealcoat.
    17    § 2. Nothing in this act shall be deemed  to  preempt  any  local  law
    18  restricting  the  use of coal tar pavement products adopted prior to the
    19  effective date of this act.
    20    § 3. This act shall take effect  immediately;  provided  however  that
    21  subdivision  1  of section 37-0115 of the environmental conservation law
    22  as added by section one of this act shall take effect twenty-four months
    23  after it shall have become a law; provided further that subdivision 2 of
    24  section 37-0115 of  the  environmental  conservation  law  as  added  by
    25  section  one  of  this act shall take effect forty-eight months after it
    26  shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05355-01-7