Full Text of SB0692 102nd General Assembly
SB0692sam001 102ND GENERAL ASSEMBLY | Sen. Laura Fine Filed: 3/25/2021
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| 1 | | AMENDMENT TO SENATE BILL 692
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 692 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Coal | 5 | | Tar Sealant Disclosure Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Coal tar-based sealant or high polycyclic aromatic | 8 | | hydrocarbon sealant product" means a pavement sealant material | 9 | | containing coal tar or a high polycyclic aromatic hydrocarbon | 10 | | content greater than 0.1% by weight. | 11 | | "Department" means the Department of Public Health. | 12 | | "Safety data sheet" means a document describing the | 13 | | properties and methods of the handling and use of a substance, | 14 | | compound, or mixture and containing the following information | 15 | | with 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 | 3 | | shall provide written or telephonic notification to parents | 4 | | and guardians of students and employees prior to any | 5 | | application of a coal-tar based sealant product or a high | 6 | | polycyclic aromatic hydrocarbon sealant product. The written | 7 | | notification: | 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 | 23 | | law to the contrary, a public school or public school district | 24 | | that bids a pavement engineering project using a coal | 25 | | tar-based sealant product or high polycyclic aromatic | 26 | | hydrocarbon sealant product for pavement engineering-related |
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| 1 | | use shall request a bid with an alternative for asphalt-based | 2 | | or latex-based sealant product as a part of the engineering | 3 | | project. The public school or public school district shall | 4 | | consider whether asphalt-based or latex-based sealant product | 5 | | should be used for the project based upon costs and life cycle | 6 | | costs that regard preserving pavements, product warranties, | 7 | | and the benefits to public health and safety. | 8 | | (c) The Department, in consultation with the State Board | 9 | | of Education, shall conduct outreach to public schools and | 10 | | public school districts to provide guidance for compliance | 11 | | with the provisions of this Act. | 12 | | (d) On or before May 1, 2023, the Department and the State | 13 | | Board of Education shall post on their websites guidance on | 14 | | screening for coal tar-based sealant product or high | 15 | | polycyclic aromatic hydrocarbon sealant product, requirements | 16 | | for 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 | 19 | | law to the contrary, a State agency that undertakes a pavement | 20 | | engineering project requiring the use of a coal tar-based | 21 | | sealant or high polycyclic aromatic hydrocarbon sealant | 22 | | product for pavement engineering-related use shall request a | 23 | | base bid with an alternative for asphalt-based or latex-based | 24 | | sealant product as a part of the project. The State agency | 25 | | shall consider whether asphalt-based or latex-based sealant |
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| 1 | | product should be used for the project based upon the costs | 2 | | involved and shall incorporate asphalt-based or latex-based | 3 | | sealant product into a pavement engineering project if the | 4 | | cost of using asphalt-based or latex-based sealant product is | 5 | | equal to or less than the coal tar-based sealant or high | 6 | | polycyclic aromatic hydrocarbon sealant product. | 7 | | (b) On or before May 1, 2023, the Department shall adopt | 8 | | rules for the procedures and standards to be used in assessing | 9 | | acceptable levels of high polycyclic aromatic hydrocarbon | 10 | | content of a pavement seal applied to any State agency | 11 | | property. The rules shall, at a minimum, include provisions | 12 | | regarding testing parameters and the notification of screening | 13 | | results. | 14 | | (c) This Section does not apply to a pavement engineering | 15 | | project requiring the use of a coal tar-based sealant or high | 16 | | polycyclic aromatic hydrocarbon sealant product for pavement | 17 | | engineering-related use on a highway structure conducted by or | 18 | | under the authority of the Department of Transportation.
| 19 | | Section 20. Exemptions. Nothing in this Act applies to a | 20 | | construction project or sale in which coal tar-based sealant | 21 | | or high polycyclic aromatic hydrocarbon sealant product is | 22 | | used for roofing application.
| 23 | | Section 99. Effective date. This Act takes effect January | 24 | | 1, 2023.".
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