SB2954 101ST GENERAL ASSEMBLY

LRB101 16431 CPF 68809 b

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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; contractors.

(a) A commercial applicator, contractor, residential or commercial developer, or any other person applying pavement sealant product to any public or private property in the State of Illinois shall disclose the use of a coal-tar based sealant product or high polycyclic aromatic hydrocarbon sealant product to the customer for whom it is applied.

(b) The disclosure provided under subsection (a) must include the health hazards associated with coal tar-based sealant product or high polycyclic aromatic hydrocarbon sealant product as outlined in the appropriate safety data sheet. The disclosure must be given and made readily available to customers in at least one of the following forms:

(1) A post on the commercial applicator's, contractor's, developer's, or person's website.

(2) A message sent to the commercial applicator's, contractor's, developer's, or person's list of email recipients.

(3) An electronic or physical copy of the commercial applicator's, contractor's, developer's, or person's newsletter.

(c) A person or vendor who sells or offers to sell coal tar-based sealant or high polycyclic aromatic hydrocarbon sealant product shall post special signage conspicuously along the shelf or area where the product is available for sale. The signage must advise customers and employees of the health hazards associated with coal tar-based sealant or high polycyclic aromatic hydrocarbon sealant product as outlined in the appropriate safety data sheet.

(d) A person or vendor who sells or offers to sell coal tar-based sealant or high polycyclic aromatic hydrocarbon sealant product must provide a copy of the appropriate safety data sheet to an employee or customer at the point of sale.

(e) A commercial applicator, contractor, residential or commercial developer, or any other person applying coal tar-based sealant product or high polycyclic aromatic hydrocarbon sealant product, or a person or vendor who sells or offers to sell coal tar-based sealant or high polycyclic aromatic hydrocarbon sealant product, must provide information about alternative sealant products upon request.

(f) A unit of local government shall adopt an ordinance providing for enforcement of this Act and oversee distribution of disclosure materials under this Section and enforcement of the ordinance.

(g) On or before January 1, 2021, the Department shall adopt rules for the prescribed procedures and standards to be used in assessing acceptable levels of high polycyclic aromatic hydrocarbon content of a pavement sealant product applied to public or private property. The rules shall, at a minimum, include provisions regarding testing parameters and the notification of testing results by the Department to a unit of local government.

Section 15. Coal tar sealant disclosure; public schools.

(a) A public school or public school district seeking to hire a commercial applicator, contractor, residential or commercial developer, or any other person to apply coal tar-based sealant product or high polycyclic aromatic hydrocarbon sealant product to the public school's or public school district facility's grounds shall provide a disclosure statement to students, parents of students, staff, and faculty of the school or district facility. The disclosure shall include:

(1) a statement of the public school's or public school district's intent to hire a commercial applicator, contractor, developer, or person that may apply coal tar-based sealant product or high polycyclic aromatic hydrocarbon sealant product to the public school or public school district's grounds;

(2) the health hazards associated with coal tar-based sealant product or high polycyclic aromatic hydrocarbon sealant product, as outlined in the appropriate safety data sheet; and

(3) a copy of the appropriate safety data sheet.

(b) The disclosure shall be made available to students, parents of students, faculty, and staff via the public school's or public school district's website, list of email recipients, and electronic and physical hardcopy of the public school's or public school district's newsletter. Disclosure shall be made at least 90 days before the signing of a contract or agreement with a commercial applicator, contractor, developer, or person who intends to apply coal tar-based sealant product or high polycyclic aromatic hydrocarbon sealant product to the public school's or public school district's grounds.

(c) If the public school or public school district serves a significant proportion of non-English speaking students, the disclosure shall contain the information required under paragraphs (1) and (2) of subsection (a) in the appropriate languages and a telephone number or address where students, parents of students, faculty, and staff may contact the public school or public school district to obtain a translated copy of the disclosure or to request assistance in the appropriate language.

(d) A disclosure provided under this Section shall be annually recorded and reported to the Department and the Department of Children and Family Services.

(e) A public school or public school district that applies coal tar-based sealant product or high polycyclic aromatic hydrocarbon sealant product to the public school's or public school district's grounds shall post signage on the site of application for, at a minimum, 10 years after each application. The signage shall include a notice of coal tar-based sealant product or high polycyclic aromatic hydrocarbon sealant product application and the health hazards associated with it, as outlined in the appropriate safety data sheet.

(f) Notwithstanding any provision of this Act or any other law to the contrary, a public school or public school district that undertakes a pavement engineering project requiring the use of a coal tar-based sealant product 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 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 the benefits to public health and safety and shall incorporate asphalt-based or latex-based sealant product into the project if the cost of using asphalt based or latex based sealant product is equal to or less than the cost of using coal tar-based sealant product or high polycyclic aromatic hydrocarbon sealant product.

(g) 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.

(h) On or before January 1, 2021, 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.

(i) On or before January 1, 2021, the Department shall adopt rules for the prescribed procedures and standards to be used in assessing acceptable levels of high polycyclic aromatic hydrocarbon content of a pavement seal applied to the property of a public school or public school district that serves grades kindergarten through 12. The rules shall, at a minimum, include provisions regarding testing parameters and the notification of screening results.

Section 20. Coal tar sealant disclosure; State property.

(a) A State agency seeking to hire or contract with a commercial applicator, contractor, residential or commercial developer, or any other person or entity for the application of any coal tar-based or other high polycyclic aromatic hydrocarbon content sealant product to any driveway, parking lot, or other surface on State property shall disclose such to the public.

(b) A State agency that hires a commercial applicator, contractor, or any other person to apply coal tar-based sealant or high polycyclic aromatic hydrocarbon sealant product on State property shall post signage on the site of application for, at a minimum, 10 years after each application. The signage shall include a notice of coal tar-based sealant product or high polycyclic aromatic hydrocarbon sealant product application and the health hazards associated with it, as outlined in the appropriate safety data sheet.

(c) 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.

(d) On or before January 1, 2021, 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.

Section 25. Violations. A person or entity who commits a violation of this Act shall be subject to a civil penalty of not less than $1,000 nor more than $10,000. Each incidence of violation shall be deemed a separate offense.