Bill Text: NY S06308 | 2019-2020 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2020-01-08 - REFERRED TO ENVIRONMENTAL CONSERVATION [S06308 Detail]

Download: New_York-2019-S06308-Introduced.html

                STATE OF NEW YORK


                               2019-2020 Regular Sessions

                    IN SENATE

                                      June 4, 2019

        Introduced  by  Sen. METZGER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        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.