Bill Text: NY S04095 | 2021-2022 | General Assembly | Amended

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

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Passed) 2021-11-08 - SIGNED CHAP.596 [S04095 Detail]

Download: New_York-2021-S04095-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4095--B
            Cal. No. 585

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 2, 2021
                                       ___________

        Introduced  by  Sens. SANDERS, HARCKHAM, HOYLMAN, KAPLAN, KRUEGER, MANN-
          ION, SERRANO -- read twice and ordered printed, and when printed to be
          committed to the Committee on Environmental Conservation --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee -- reported favorably from said committee, ordered
          to first and second report, ordered to a third  reading,  amended  and
          ordered reprinted, retaining its place in the order of third reading

        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 37-0119 to read as follows:
     3  § 37-0119. 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. For purposes of this section, the following terms  shall  have  the
     9  following meanings:
    10    a.  "Coal  tar"  means a viscous substance obtained by the destructive
    11  distillation of coal and containing levels of polycyclic aromatic hydro-
    12  carbons (PAHs) in excess of ten thousand milligrams per kilogram.
    13    b. "Pavement product" means a material that is for use on  an  asphalt
    14  or concrete surface, including but not limited to sealcoat.
    15    §  2.  Nothing  in  this  act shall be deemed to preempt any local law
    16  restricting the use of coal tar pavement products adopted prior  to  the
    17  effective date of this act.
    18    §  3.  This  act  shall take effect immediately; provided however that
    19  subdivision 1 of section 37-0119 of the environmental conservation  law,
    20  as  added  by  section  one of this act, shall take effect twelve months

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00488-05-1
        S. 4095--B                          2

     1  after it shall have become a law; provided further that subdivision 2 of
     2  section 37-0119 of the  environmental  conservation  law,  as  added  by
     3  section  one  of this act, shall take effect twenty-four months after it
     4  shall have become a law.