BILL NUMBER: AB 1704	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Huffman

                        FEBRUARY 15, 2012

   An act to add Article 13.6 (commencing with Section 25250.70) to
Chapter 6.5 of Division 20 of the Health and Safety Code, relating to
hazardous waste.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1704, as introduced, Huffman. Hazardous waste: coal tar.
    (1) Existing law prohibits the management of hazardous waste
except in accordance with the hazardous waste control laws. A
violation of the hazardous waste control laws is a crime.
   This bill would prohibit a person from selling, offering for sale,
or offering for promotional purposes in this state a coal tar
pavement product, as defined. The bill would also prohibit, after
July 1, 2013, a person from applying a coal tar pavement product on
driveways, parking areas, airport runways, and playgrounds.
   The bill would authorize the Department of Toxic Substances
Control to issue a notice of corrective action to a person in
violation of the bill and would allow a city or county to adopt an
ordinance providing for enforcement of the requirements of the bill.
   Since a violation of the bill's requirements would be a crime, the
bill would impose a state-mandated local program.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
    (a) Contaminated storm water runoff from parking lots, roads, and
other impervious surfaces is a significant contributor to pollution
in lakes, rivers, and marine waters in California.
    (b) Coal tar sealants, which are applied to parking lots,
driveways, airport runways, and playgrounds, are a significant
contributor to storm water pollution, as they contain high levels of
benzopyrene and other toxic chemicals known collectively as
polycyclic aromatic hydrocarbons (PAHs).
    (c) A recent United States Environmental Protection Agency study
found that coal tar sealants create PAH runoff in amounts up to 1,000
times greater than the alternative asphalt emulsion sealant.
    (d) Polycyclic aromatic hydrocarbons are of particular concern
because they do not break down easily and although concentrations of
banned chemicals like DDT and polychlorinated biphenyls are slowly
declining in the environment, levels of PAHs are increasing.
   (e) PAHs are carcinogenic and, in sufficient quantities, are a
major threat to human health and the environment. In a recent study,
the United States Geological Survey found that apartments with
parking lots with coal tar-based sealcoat had PAH concentrations in
house dust that were 25 times higher, on average, than concentrations
in house dust from apartments with parking lots with other surface
types.
    (f) About eighty-five million gallons of coal tar-based sealants
are sold in the United States each year and although coal tar
sealants are used most heavily in the eastern part of the country,
the sealant is sold in all fifty states of the United States,
including California.
   (g) Safer alternatives to coal tar sealants exist and are widely
available in California.
    (h) Prohibiting the sale and use of coal tar sealants in
California is an appropriate and cost-effective way to limit
pollution and protect public health.
  SEC. 2.  Article 13.6 (commencing with Section 25250.70) is added
to Chapter 6.5 of Division 20 of the Health and Safety Code, to read:


      Article 13.6.  Coal Tar Sealant Prohibition


   25250.70.   For purposes of this article "coal tar pavement
product" means a material that contains coal tar that is intended for
use as a pavement sealant.
   25250.71.  (a) A person shall not sell, offer for sale, or offer
for promotional purposes in this state a coal tar pavement product.
   (b) On and after July 1, 2013, a person shall not apply a coal tar
pavement product on a driveway, parking area, airport runway, or
playground.
   25250.72.  (a) The department may issue a notice of corrective
action pursuant to Section 25187 to a person in violation of this
article, as provided in Article 8 (commencing with Section 25180).
   (b) A city or county may adopt an ordinance providing for
enforcement of the requirements of this article. A city or county
adopting an ordinance pursuant to this section has jurisdiction
concurrent with the department to enforce this section.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.