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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7854--C
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 19, 2011
                                      ___________
       Introduced  by  M.  of  A. ROSENTHAL, LIFTON, MURRAY, P. RIVERA, WEPRIN,
         COOK, MILLMAN, ABINANTI -- Multi-Sponsored by -- M. of A. GLICK, GOTT-
         FRIED, ORTIZ, PAULIN, THIELE -- read once and referred to the  Commit-
         tee  on  Environmental Conservation -- recommitted to the Committee on
         Environmental Conservation in accordance with Assembly Rule 3, sec.  2
         --  committee  discharged,  bill amended, ordered reprinted as amended
         and recommitted to said committee -- again reported from said  commit-
         tee  with  amendments, ordered reprinted as amended and recommitted to
         said committee -- again reported from said committee with  amendments,
         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:
    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. 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.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11517-07-2
       A. 7854--C                          2
    1    S 2. Nothing in this act shall be deemed  to  preempt  any  local  law
    2  restricting  the  use of coal tar pavement products adopted prior to the
    3  effective date of this act.
    4    S  3.  This  act  shall take effect immediately; provided however that
    5  subdivision 1 of section 37-0115 of the environmental  conservation  law
    6  as  added  by  section  one  of this act shall take effect July 1, 2013;
    7  provided further that subdivision 2 of section 37-0115 of  the  environ-
    8  mental  conservation  law as added by section one of this act shall take
    9  effect July 1, 2016.