S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6535--C
                                   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 -- committee discharged,
         bill amended, ordered reprinted as amended  and  recommitted  to  said
         committee  -- 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 July 1, 2013;
   23  provided further that subdivision 2 of section 37-0115 of  the  environ-
   24  mental  conservation  law as added by section one of this act shall take
   25  effect July 1, 2016.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11517-08-2