Sen. Laura Fine

Filed: 3/25/2021

 

 


 

 


 
10200SB0692sam001LRB102 12968 CPF 24098 a

1
AMENDMENT TO SENATE BILL 692

2    AMENDMENT NO. ______. Amend Senate Bill 692 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1    the identity used on the label.
2        (2) Physical and chemical characteristics, including,
3    but not limited to, vapor pressure and flash point.
4        (3) Physical hazards, including the potential for
5    fire, explosion, or reactivity.
6        (4) Known acute and chronic health effects of
7    exposure, including, but not limited to, signs and
8    symptoms of exposure, based on substantial scientific
9    evidence.
10        (5) The known primary route of exposure.
11        (6) The permissible exposure limit for those toxic
12    substances for which the federal Occupational Safety and
13    Health Administration has adopted a permissible exposure
14    limit.
15        (7) Precautions for safe handling and use.
16        (8) Recommended engineering controls.
17        (9) Recommended work practices.
18        (10) Recommended personal protective equipment.
19        (11) Procedures for emergencies, first aid, and
20    cleanup of leaks and spills.
21        (12) The date of preparation of the safety data sheet
22    and any changes to it.
23        (13) The name, address, and telephone number of the
24    employer, manufacturer, importer, or supplier who prepares
25    the safety data sheet.
 

 

 

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1    Section 10. Coal tar sealant disclosure; public schools.
2    (a) A public school, public school district, or day care
3shall provide written or telephonic notification to parents
4and guardians of students and employees prior to any
5application of a coal-tar based sealant product or a high
6polycyclic aromatic hydrocarbon sealant product. The written
7notification:
8        (1) may be included in newsletters, bulletins,
9    calendars, or other correspondence currently published by
10    the school district or day care center;
11        (2) must be given at least 10 business days before the
12    application and should identify the intended date and
13    location of the application of the coal-tar based sealant
14    product or high polycyclic aromatic hydrocarbon sealant;
15        (3) must include the name and telephone contact number
16    for the school or day care center personnel responsible
17    for the application; and
18        (4) must include any health hazards associated with
19    coal tar-based sealant product or high polycyclic aromatic
20    hydrocarbon sealant product, as provided by a
21    corresponding safety data sheet.
22    (b) Notwithstanding any provision of this Act or any other
23law to the contrary, a public school or public school district
24that bids a pavement engineering project using a coal
25tar-based sealant product or high polycyclic aromatic
26hydrocarbon sealant product for pavement engineering-related

 

 

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

 

 

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1product should be used for the project based upon the costs
2involved and shall incorporate asphalt-based or latex-based
3sealant product into a pavement engineering project if the
4cost of using asphalt-based or latex-based sealant product is
5equal to or less than the coal tar-based sealant or high
6polycyclic aromatic hydrocarbon sealant product.
7    (b) On or before May 1, 2023, the Department shall adopt
8rules for the procedures and standards to be used in assessing
9acceptable levels of high polycyclic aromatic hydrocarbon
10content of a pavement seal applied to any State agency
11property. The rules shall, at a minimum, include provisions
12regarding testing parameters and the notification of screening
13results.
14    (c) This Section does not apply to a pavement engineering
15project requiring the use of a coal tar-based sealant or high
16polycyclic aromatic hydrocarbon sealant product for pavement
17engineering-related use on a highway structure conducted by or
18under the authority of the Department of Transportation.
 
19    Section 20. Exemptions. Nothing in this Act applies to a
20construction project or sale in which coal tar-based sealant
21or high polycyclic aromatic hydrocarbon sealant product is
22used for roofing application.
 
23    Section 99. Effective date. This Act takes effect January
241, 2023.".