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.
