Bill Text: NY S06535 | 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: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-05-25 - PRINT NUMBER 6535C [S06535 Detail]

Download: New_York-2011-S06535-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6535--A
                                   I N  S E N A T E
                                   February 23, 2012
                                      ___________
       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. 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. THE PROVISIONS OF THIS SECTION SHALL  APPLY  TO  ANY  AIRPORTS  NOT
   18  CURRENTLY REQUIRED UNDER FEDERAL LAW TO USE A COAL TAR PAVEMENT PRODUCT.
   19    5.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
   20  FOLLOWING MEANINGS:
   21    A. "COAL TAR" MEANS A LIQUID OF HIGH VISCOSITY WITH VARIABLE  MIXTURES
   22  OF  PHENOLS,  POLYCYCLIC  AROMATIC HYDROCARBONS (PAHS), AND HETEROCYCLIC
   23  COMPOUNDS.
   24    B. "PAVEMENT PRODUCT" MEANS A MATERIAL THAT IS FOR USE ON  AN  ASPHALT
   25  OR CONCRETE SURFACE, INCLUDING BUT NOT LIMITED TO SEALCOAT.
   26    C.  "PERSON"  MEANS  ANY  INDIVIDUAL,  FIRM, ASSOCIATION, PARTNERSHIP,
   27  CORPORATION, ORGANIZATION, OR JOINT VENTURE.
   28    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11517-04-2