Bill Text: NY S02595 | 2015-2016 | General Assembly | Amended

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

Sponsorship: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO ENVIRONMENTAL CONSERVATION [S02595 Detail]

Download: New_York-2015-S02595-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2595--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 26, 2015
                                      ___________
       Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
         when printed to be committed to the Committee on Environmental Conser-
         vation -- 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:
    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.
   17    S 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    S 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.
                                                                  LBD04061-03-5