Public Act 102-0242
 
SB0692 EnrolledLRB102 12968 CPF 18311 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the Coal
Tar Sealant Disclosure Act.
 
    Section 5. Definitions. In this Act:
    "Coal tar-based sealant or high polycyclic aromatic
hydrocarbon sealant product" means a pavement sealant material
containing coal tar or a high polycyclic aromatic hydrocarbon
content greater than 0.1% by weight.
    "Department" means the Department of Public Health.
    "Safety data sheet" means a document describing the
properties and methods of the handling and use of a substance,
compound, or mixture and containing the following information
with respect to the substance, compound, or mixture:
        (1) The chemical name, common name, trade name, and
    the identity used on the label.
        (2) Physical and chemical characteristics, including,
    but not limited to, vapor pressure and flash point.
        (3) Physical hazards, including the potential for
    fire, explosion, or reactivity.
        (4) Known acute and chronic health effects of
    exposure, including, but not limited to, signs and
    symptoms of exposure, based on substantial scientific
    evidence.
        (5) The known primary route of exposure.
        (6) The permissible exposure limit for those toxic
    substances for which the federal Occupational Safety and
    Health Administration has adopted a permissible exposure
    limit.
        (7) Precautions for safe handling and use.
        (8) Recommended engineering controls.
        (9) Recommended work practices.
        (10) Recommended personal protective equipment.
        (11) Procedures for emergencies, first aid, and
    cleanup of leaks and spills.
        (12) The date of preparation of the safety data sheet
    and any changes to it.
        (13) The name, address, and telephone number of the
    employer, manufacturer, importer, or supplier who prepares
    the safety data sheet.
 
    Section 10. Coal tar sealant disclosure; public schools.
    (a) A public school, public school district, or day care
shall provide written or telephonic notification to parents
and guardians of students and employees prior to any
application of a coal-tar based sealant product or a high
polycyclic aromatic hydrocarbon sealant product. The written
notification:
        (1) may be included in newsletters, bulletins,
    calendars, or other correspondence currently published by
    the school district or day care center;
        (2) must be given at least 10 business days before the
    application and should identify the intended date and
    location of the application of the coal-tar based sealant
    product or high polycyclic aromatic hydrocarbon sealant;
        (3) must include the name and telephone contact number
    for the school or day care center personnel responsible
    for the application; and
        (4) must include any health hazards associated with
    coal tar-based sealant product or high polycyclic aromatic
    hydrocarbon sealant product, as provided by a
    corresponding safety data sheet.
    (b) Notwithstanding any provision of this Act or any other
law to the contrary, a public school or public school district
that bids a pavement engineering project using a coal
tar-based sealant product or high polycyclic aromatic
hydrocarbon sealant product for pavement engineering-related
use shall request a bid with an alternative for asphalt-based
or latex-based sealant product as a part of the engineering
project. The public school or public school district shall
consider whether asphalt-based or latex-based sealant product
should be used for the project based upon costs and life cycle
costs that regard preserving pavements, product warranties,
and the benefits to public health and safety.
    (c) The Department, in consultation with the State Board
of Education, shall conduct outreach to public schools and
public school districts to provide guidance for compliance
with the provisions of this Act.
    (d) On or before May 1, 2023, the Department and the State
Board of Education shall post on their websites guidance on
screening for coal tar-based sealant product or high
polycyclic aromatic hydrocarbon sealant product, requirements
for a request for proposals, and requirements for disclosure.
 
    Section 15. Coal tar sealant disclosure; State property.
    (a) Notwithstanding any provision of this Act or any other
law to the contrary, a State agency that undertakes a pavement
engineering project requiring the use of a coal tar-based
sealant or high polycyclic aromatic hydrocarbon sealant
product for pavement engineering-related use shall request a
base bid with an alternative for asphalt-based or latex-based
sealant product as a part of the project. The State agency
shall consider whether asphalt-based or latex-based sealant
product should be used for the project based upon the costs
involved and shall incorporate asphalt-based or latex-based
sealant product into a pavement engineering project if the
cost of using asphalt-based or latex-based sealant product is
equal to or less than the coal tar-based sealant or high
polycyclic aromatic hydrocarbon sealant product.
    (b) On or before May 1, 2023, the Department shall adopt
rules for the procedures and standards to be used in assessing
acceptable levels of high polycyclic aromatic hydrocarbon
content of a pavement seal applied to any State agency
property. The rules shall, at a minimum, include provisions
regarding testing parameters and the notification of screening
results.
    (c) This Section does not apply to a pavement engineering
project requiring the use of a coal tar-based sealant or high
polycyclic aromatic hydrocarbon sealant product for pavement
engineering-related use on a highway structure conducted by or
under the authority of the Department of Transportation.
 
    Section 20. Exemptions. Nothing in this Act applies to a
construction project or sale in which coal tar-based sealant
or high polycyclic aromatic hydrocarbon sealant product is
used for roofing application.
 
    Section 99. Effective date. This Act takes effect January
1, 2023.

Effective Date: 1/1/2023