SB0692 EngrossedLRB102 12968 CPF 18311 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Coal
5Tar Sealant Disclosure Act.
 
6    Section 5. Definitions. In this Act:
7    "Coal tar-based sealant or high polycyclic aromatic
8hydrocarbon sealant product" means a pavement sealant material
9containing coal tar or a high polycyclic aromatic hydrocarbon
10content greater than 0.1% by weight.
11    "Department" means the Department of Public Health.
12    "Safety data sheet" means a document describing the
13properties and methods of the handling and use of a substance,
14compound, or mixture and containing the following information
15with respect to the substance, compound, or mixture:
16        (1) The chemical name, common name, trade name, and
17    the identity used on the label.
18        (2) Physical and chemical characteristics, including,
19    but not limited to, vapor pressure and flash point.
20        (3) Physical hazards, including the potential for
21    fire, explosion, or reactivity.
22        (4) Known acute and chronic health effects of
23    exposure, including, but not limited to, signs and

 

 

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1    symptoms of exposure, based on substantial scientific
2    evidence.
3        (5) The known primary route of exposure.
4        (6) The permissible exposure limit for those toxic
5    substances for which the federal Occupational Safety and
6    Health Administration has adopted a permissible exposure
7    limit.
8        (7) Precautions for safe handling and use.
9        (8) Recommended engineering controls.
10        (9) Recommended work practices.
11        (10) Recommended personal protective equipment.
12        (11) Procedures for emergencies, first aid, and
13    cleanup of leaks and spills.
14        (12) The date of preparation of the safety data sheet
15    and any changes to it.
16        (13) The name, address, and telephone number of the
17    employer, manufacturer, importer, or supplier who prepares
18    the safety data sheet.
 
19    Section 10. Coal tar sealant disclosure; public schools.
20    (a) A public school, public school district, or day care
21shall provide written or telephonic notification to parents
22and guardians of students and employees prior to any
23application of a coal-tar based sealant product or a high
24polycyclic aromatic hydrocarbon sealant product. The written
25notification:

 

 

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1        (1) may be included in newsletters, bulletins,
2    calendars, or other correspondence currently published by
3    the school district or day care center;
4        (2) must be given at least 10 business days before the
5    application and should identify the intended date and
6    location of the application of the coal-tar based sealant
7    product or high polycyclic aromatic hydrocarbon sealant;
8        (3) must include the name and telephone contact number
9    for the school or day care center personnel responsible
10    for the application; and
11        (4) must include any health hazards associated with
12    coal tar-based sealant product or high polycyclic aromatic
13    hydrocarbon sealant product, as provided by a
14    corresponding safety data sheet.
15    (b) Notwithstanding any provision of this Act or any other
16law to the contrary, a public school or public school district
17that bids a pavement engineering project using a coal
18tar-based sealant product or high polycyclic aromatic
19hydrocarbon sealant product for pavement engineering-related
20use shall request a bid with an alternative for asphalt-based
21or latex-based sealant product as a part of the engineering
22project. The public school or public school district shall
23consider whether asphalt-based or latex-based sealant product
24should be used for the project based upon costs and life cycle
25costs that regard preserving pavements, product warranties,
26and the benefits to public health and safety.

 

 

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1    (c) The Department, in consultation with the State Board
2of Education, shall conduct outreach to public schools and
3public school districts to provide guidance for compliance
4with the provisions of this Act.
5    (d) On or before May 1, 2023, the Department and the State
6Board of Education shall post on their websites guidance on
7screening for coal tar-based sealant product or high
8polycyclic aromatic hydrocarbon sealant product, requirements
9for a request for proposals, and requirements for disclosure.
 
10    Section 15. Coal tar sealant disclosure; State property.
11    (a) Notwithstanding any provision of this Act or any other
12law to the contrary, a State agency that undertakes a pavement
13engineering project requiring the use of a coal tar-based
14sealant or high polycyclic aromatic hydrocarbon sealant
15product for pavement engineering-related use shall request a
16base bid with an alternative for asphalt-based or latex-based
17sealant product as a part of the project. The State agency
18shall consider whether asphalt-based or latex-based sealant
19product should be used for the project based upon the costs
20involved and shall incorporate asphalt-based or latex-based
21sealant product into a pavement engineering project if the
22cost of using asphalt-based or latex-based sealant product is
23equal to or less than the coal tar-based sealant or high
24polycyclic aromatic hydrocarbon sealant product.
25    (b) On or before May 1, 2023, the Department shall adopt

 

 

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1rules for the procedures and standards to be used in assessing
2acceptable levels of high polycyclic aromatic hydrocarbon
3content of a pavement seal applied to any State agency
4property. The rules shall, at a minimum, include provisions
5regarding testing parameters and the notification of screening
6results.
7    (c) This Section does not apply to a pavement engineering
8project requiring the use of a coal tar-based sealant or high
9polycyclic aromatic hydrocarbon sealant product for pavement
10engineering-related use on a highway structure conducted by or
11under the authority of the Department of Transportation.
 
12    Section 20. Exemptions. Nothing in this Act applies to a
13construction project or sale in which coal tar-based sealant
14or high polycyclic aromatic hydrocarbon sealant product is
15used for roofing application.
 
16    Section 99. Effective date. This Act takes effect January
171, 2023.