Illinois General Assembly - Full Text of SB2954
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Full Text of SB2954  101st General Assembly

SB2954 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2954

 

Introduced 2/4/2020, by Sen. Laura Fine

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Coal Tar Sealant Disclosure Act. Requires specified persons and entities, public schools and public school districts, and State agencies to disclose the use of a coal tar-based sealant or high polycyclic aromatic hydrocarbon sealant product. Requires public schools or public school districts and State agencies to post, for a minimum of 10 years after application, signage regarding the dangers such use poses. Provides requirements for disclosures made and signage posted under the Act. Requires persons or entities to provide information regarding alternative sealant upon request and public schools or public school districts and the State to seek an asphalt-based sealant when distributing any request for proposals. Requires public schools or public school districts and State agencies to determine whether specified benefits of alternative products outweigh the cost, and if so to use them. On or before January 1, 2021, requires the Department of Public Health to adopt rules for prescribed procedures and standards to be used in assessing acceptable levels of high polycyclic aromatic hydrocarbon content of pavement seals on properties covered under the Act. Provides that the Department, in consultation with the State Board of Education, shall conduct outreach to public schools and public school districts regarding coal tar-based sealant and high polycyclic aromatic hydrocarbon product. Provides that units of local government shall adopt ordinances providing for the enforcement of the Act. Provides that a person or entity who commits a violation of the Act shall be subject to a civil penalty of not less than $1,000 nor more than $10,000 and that each incidence of violation shall be deemed a separate offense. Contains other provisions.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2954LRB101 16431 CPF 68809 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 the
17    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 exposure,
23    including, but not limited to, signs and symptoms of

 

 

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1    exposure, based on substantial scientific evidence.
2        (5) The known primary route of exposure.
3        (6) The permissible exposure limit for those toxic
4    substances for which the federal Occupational Safety and
5    Health Administration has adopted a permissible exposure
6    limit.
7        (7) Precautions for safe handling and use.
8        (8) Recommended engineering controls.
9        (9) Recommended work practices.
10        (10) Recommended personal protective equipment.
11        (11) Procedures for emergencies, first aid, and
12    cleanup of leaks and spills.
13        (12) The date of preparation of the safety data sheet
14    and any changes to it.
15        (13) The name, address, and telephone number of the
16    employer, manufacturer, importer, or supplier who prepares
17    the safety data sheet.
 
18    Section 10. Coal tar sealant disclosure; contractors.
19    (a) A commercial applicator, contractor, residential or
20commercial developer, or any other person applying pavement
21sealant product to any public or private property in the State
22of Illinois shall disclose the use of a coal-tar based sealant
23product or high polycyclic aromatic hydrocarbon sealant
24product to the customer for whom it is applied.
25    (b) The disclosure provided under subsection (a) must

 

 

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1include the health hazards associated with coal tar-based
2sealant product or high polycyclic aromatic hydrocarbon
3sealant product as outlined in the appropriate safety data
4sheet. The disclosure must be given and made readily available
5to customers in at least one of the following forms:
6        (1) A post on the commercial applicator's,
7    contractor's, developer's, or person's website.
8        (2) A message sent to the commercial applicator's,
9    contractor's, developer's, or person's list of email
10    recipients.
11        (3) An electronic or physical copy of the commercial
12    applicator's, contractor's, developer's, or person's
13    newsletter.
14    (c) A person or vendor who sells or offers to sell coal
15tar-based sealant or high polycyclic aromatic hydrocarbon
16sealant product shall post special signage conspicuously along
17the shelf or area where the product is available for sale. The
18signage must advise customers and employees of the health
19hazards associated with coal tar-based sealant or high
20polycyclic aromatic hydrocarbon sealant product as outlined in
21the appropriate safety data sheet.
22    (d) A person or vendor who sells or offers to sell coal
23tar-based sealant or high polycyclic aromatic hydrocarbon
24sealant product must provide a copy of the appropriate safety
25data sheet to an employee or customer at the point of sale.
26    (e) A commercial applicator, contractor, residential or

 

 

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1commercial developer, or any other person applying coal
2tar-based sealant product or high polycyclic aromatic
3hydrocarbon sealant product, or a person or vendor who sells or
4offers to sell coal tar-based sealant or high polycyclic
5aromatic hydrocarbon sealant product, must provide information
6about alternative sealant products upon request.
7    (f) A unit of local government shall adopt an ordinance
8providing for enforcement of this Act and oversee distribution
9of disclosure materials under this Section and enforcement of
10the ordinance.
11    (g) On or before January 1, 2021, the Department shall
12adopt rules for the prescribed procedures and standards to be
13used in assessing acceptable levels of high polycyclic aromatic
14hydrocarbon content of a pavement sealant product applied to
15public or private property. The rules shall, at a minimum,
16include provisions regarding testing parameters and the
17notification of testing results by the Department to a unit of
18local government.
 
19    Section 15. Coal tar sealant disclosure; public schools.
20    (a) A public school or public school district seeking to
21hire a commercial applicator, contractor, residential or
22commercial developer, or any other person to apply coal
23tar-based sealant product or high polycyclic aromatic
24hydrocarbon sealant product to the public school's or public
25school district facility's grounds shall provide a disclosure

 

 

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1statement to students, parents of students, staff, and faculty
2of the school or district facility. The disclosure shall
3include:
4        (1) a statement of the public school's or public school
5    district's intent to hire a commercial applicator,
6    contractor, developer, or person that may apply coal
7    tar-based sealant product or high polycyclic aromatic
8    hydrocarbon sealant product to the public school or public
9    school district's grounds;
10        (2) the health hazards associated with coal tar-based
11    sealant product or high polycyclic aromatic hydrocarbon
12    sealant product, as outlined in the appropriate safety data
13    sheet; and
14        (3) a copy of the appropriate safety data sheet.
15    (b) The disclosure shall be made available to students,
16parents of students, faculty, and staff via the public school's
17or public school district's website, list of email recipients,
18and electronic and physical hardcopy of the public school's or
19public school district's newsletter. Disclosure shall be made
20at least 90 days before the signing of a contract or agreement
21with a commercial applicator, contractor, developer, or person
22who intends to apply coal tar-based sealant product or high
23polycyclic aromatic hydrocarbon sealant product to the public
24school's or public school district's grounds.
25    (c) If the public school or public school district serves a
26significant proportion of non-English speaking students, the

 

 

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1disclosure shall contain the information required under
2paragraphs (1) and (2) of subsection (a) in the appropriate
3languages and a telephone number or address where students,
4parents of students, faculty, and staff may contact the public
5school or public school district to obtain a translated copy of
6the disclosure or to request assistance in the appropriate
7language.
8    (d) A disclosure provided under this Section shall be
9annually recorded and reported to the Department and the
10Department of Children and Family Services.
11    (e) A public school or public school district that applies
12coal tar-based sealant product or high polycyclic aromatic
13hydrocarbon sealant product to the public school's or public
14school district's grounds shall post signage on the site of
15application for, at a minimum, 10 years after each application.
16The signage shall include a notice of coal tar-based sealant
17product or high polycyclic aromatic hydrocarbon sealant
18product application and the health hazards associated with it,
19as outlined in the appropriate safety data sheet.
20    (f) Notwithstanding any provision of this Act or any other
21law to the contrary, a public school or public school district
22that undertakes a pavement engineering project requiring the
23use of a coal tar-based sealant product or high polycyclic
24aromatic hydrocarbon sealant product for pavement
25engineering-related use shall request a base bid with an
26alternative for asphalt-based or latex-based sealant product

 

 

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1as a part of the engineering project. The public school or
2public school district shall consider whether asphalt-based or
3latex-based sealant product should be used for the project
4based upon costs and the benefits to public health and safety
5and shall incorporate asphalt-based or latex-based sealant
6product into the project if the cost of using asphalt based or
7latex based sealant product is equal to or less than the cost
8of using coal tar-based sealant product or high polycyclic
9aromatic hydrocarbon sealant product.
10    (g) The Department, in consultation with the State Board of
11Education, shall conduct outreach to public schools and public
12school districts to provide guidance for compliance with the
13provisions of this Act.
14    (h) On or before January 1, 2021, the Department and the
15State Board of Education shall post on their websites guidance
16on screening for coal tar-based sealant product or high
17polycyclic aromatic hydrocarbon sealant product, requirements
18for a request for proposals, and requirements for disclosure.
19    (i) On or before January 1, 2021, the Department shall
20adopt rules for the prescribed procedures and standards to be
21used in assessing acceptable levels of high polycyclic aromatic
22hydrocarbon content of a pavement seal applied to the property
23of a public school or public school district that serves grades
24kindergarten through 12. The rules shall, at a minimum, include
25provisions regarding testing parameters and the notification
26of screening results.
 

 

 

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1    Section 20. Coal tar sealant disclosure; State property.
2    (a) A State agency seeking to hire or contract with a
3commercial applicator, contractor, residential or commercial
4developer, or any other person or entity for the application of
5any coal tar-based or other high polycyclic aromatic
6hydrocarbon content sealant product to any driveway, parking
7lot, or other surface on State property shall disclose such to
8the public.
9    (b) A State agency that hires a commercial applicator,
10contractor, or any other person to apply coal tar-based sealant
11or high polycyclic aromatic hydrocarbon sealant product on
12State property shall post signage on the site of application
13for, at a minimum, 10 years after each application. The signage
14shall include a notice of coal tar-based sealant product or
15high polycyclic aromatic hydrocarbon sealant product
16application and the health hazards associated with it, as
17outlined in the appropriate safety data sheet.
18    (c) 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 cost
4of using asphalt-based or latex-based sealant product is equal
5to or less than the coal tar-based sealant or high polycyclic
6aromatic hydrocarbon sealant product.
7    (d) On or before January 1, 2021, the Department shall
8adopt rules for the procedures and standards to be used in
9assessing acceptable levels of high polycyclic aromatic
10hydrocarbon content of a pavement seal applied to any State
11agency property. The rules shall, at a minimum, include
12provisions regarding testing parameters and the notification
13of screening results.
 
14    Section 25. Violations. A person or entity who commits a
15violation of this Act shall be subject to a civil penalty of
16not less than $1,000 nor more than $10,000. Each incidence of
17violation shall be deemed a separate offense.