Bill Text: NY A07854 | 2011-2012 | General Assembly | Introduced

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

Spectrum: Strong Partisan Bill (Democrat 12-1)

Status: (Engrossed - Dead) 2012-06-18 - REFERRED TO RULES [A07854 Detail]

Download: New_York-2011-A07854-Introduced.html

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                           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:
    1    Section 1. The environmental conservation law is amended by  adding  a
    2  new section 37-0115 to read as follows:
    3  S 37-0115. COAL TAR; PROHIBITED.
    4    1.  ON  THE ONE HUNDRED TWENTIETH DAY AFTER THE EFFECTIVE DATE OF THIS
    5  SECTION, A PERSON SHALL NOT SELL OR OFFER TO SELL AT WHOLESALE OR RETAIL
    6  A PAVEMENT PRODUCT THAT IS LABELED AS CONTAINING COAL TAR.
    7    2. ON THE ONE HUNDRED EIGHTIETH DAY AFTER THE EFFECTIVE DATE  OF  THIS
    8  SECTION,  A PERSON SHALL NOT APPLY A PAVEMENT PRODUCT THAT IS LABELED AS
    9  CONTAINING COAL TAR ON A DRIVEWAY OR PARKING AREA.
   10    3. A. THE DEPARTMENT MAY ISSUE A NOTICE OF CORRECTIVE  ACTION  TO  ANY
   11  PERSON IN VIOLATION OF SUBDIVISION ONE OR TWO OF THIS SECTION.
   12    B.  A MUNICIPAL CORPORATION, ACTING BY AND THROUGH ITS GOVERNING BODY,
   13  MAY ENACT A  LOCAL  LAW,  ORDINANCE  OR  RESOLUTION  PROVIDING  FOR  THE
   14  ENFORCEMENT  OF  SUBDIVISIONS  ONE  AND TWO OF THIS SECTION AND SHALL BE
   15  DEEMED TO HAVE  CONCURRENT  JURISDICTION  WITH  THE  DEPARTMENT  IN  THE
   16  ENFORCEMENT OF SUCH PROVISIONS.
   17    4.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
   18  FOLLOWING MEANINGS:
   19    A. "COAL TAR" MEANS A LIQUID OF HIGH VISCOSITY WITH VARIABLE  MIXTURES
   20  OF  PHENOLS,  POLYCYCLIC  AROMATIC HYDROCARBONS (PAHS), AND HETEROCYCLIC
   21  COMPOUNDS.
   22    B. "PAVEMENT PRODUCT" MEANS A MATERIAL THAT IS FOR USE ON  AN  ASPHALT
   23  OR CONCRETE SURFACE, INCLUDING BUT NOT LIMITED TO SEALCOAT.
   24    C.  "PERSON"  MEANS  ANY  INDIVIDUAL,  FIRM, ASSOCIATION, PARTNERSHIP,
   25  CORPORATION, ORGANIZATION, OR JOINT VENTURE.
   26    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11517-02-1