NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1304A
SPONSOR: Rosenthal L (MS) TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
prohibiting coal tar in pavement products
PURPOSE:
This bill prohibits the use and sale of pavement products which contain
coal tar.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the environmental conservation law by adding a new
see 37-0117.
Section two sets forth the effective date.
JUSTIFICATION:
Recent studies conducted by the U.S. Geological Survey have shown that
while levels of the majority of common environmental pollutants in our
waterways are consistently declining, components of coal tar sealants
are being found at increasing levels. Coal tar-based sealcoats contain
high concentrations of polycyclic aromatic hydrocarbons (PARs), which
have been linked to cancer and are toxic to fish and other aquatic life.
Results of the studies also identified chemicals associated with the
coal tar sealants in house dust at dangerous levels. These levels are
alarming because they have been proven to contribute to the risk of
cancer, especially in young children who crawl through, and might acci-
dentally ingest, the toxic dust.
Washington, DC, and numerous other towns, cities and counties have
already passed laws to ban coal tar sealants. Asphalt- based sealants,
an alternative to coal tar sealants, contain and shed far fewer toxic
particles, government tests show.
LEGISLATIVE HISTORY:
2017-18: A.1156 - Ordered to Third Reading Calendar
2015-16: A.418 - Ordered to Third Reading Rules Calendar; S.2595-A -
Referred to Environmental Conservation
2013-14: A.630-A - Passed Assembly; S.4381-A - Referred to Environmental
Conservation
2011-12: A.7284-C - Passed Assembly; S.6535-C - Referred to Environ-
mental Conservation
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This bill shall take effect immediately, provided however that subdivi-
sion I of section 37-0117 of the environmental conservation law as added
by section one of this act shall take effect twelve months after it
shall have become a law; provided further that subdivision 2 of section
37-0117 of the environmental conservation law as added by section one of
this act shall take effect forty-eight months after it shall have become
a law.
STATE OF NEW YORK
________________________________________________________________________
1304--A
Cal. No. 65
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
___________
Introduced by M. of A. L. ROSENTHAL, ENGLEBRIGHT, OTIS, COOK, WEPRIN,
ABINANTI, LIFTON, MOSLEY, COLTON, GALEF, CARROLL, D'URSO, REYES,
EPSTEIN, FAHY, GRIFFIN, STECK, JACOBSON, SEAWRIGHT, GOTTFRIED --
Multi-Sponsored by -- M. of A. GLICK, LENTOL, ORTIZ, PAULIN, PERRY,
THIELE -- read once and referred to the Committee on Environmental
Conservation -- ordered to a third reading, amended and ordered
reprinted, retaining its place on 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 37-0117 to read as follows:
3 § 37-0117. 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 37-0117 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.
LBD01018-04-0
A. 1304--A 2
1 after it shall have become a law; provided further that subdivision 2 of
2 section 37-0117 of the environmental conservation law, as added by
3 section one of this act, shall take effect forty-eight months after it
4 shall have become a law.
