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| Public Act 102-0242 | ||||
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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.
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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.
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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.
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Section 99. Effective date. This Act takes effect January | ||
1, 2023.
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