STATE OF NEW YORK ________________________________________________________________________ 1156 2017-2018 Regular Sessions IN ASSEMBLY January 10, 2017 ___________ Introduced by M. of A. ROSENTHAL, ENGLEBRIGHT, OTIS, COOK, WEPRIN, ABINANTI, LIFTON, MOSLEY, COLTON, GALEF -- Multi-Sponsored by -- M. of A. GLICK, GOTTFRIED, ORTIZ, PAULIN, PERRY, THIELE -- read once and referred to the Committee on Environmental Conservation 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. LBD05355-01-7