FINAL BILL REPORT

ESHB 1721

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

C 268 L 11

Synopsis as Enacted

Brief Description: Preventing storm water pollution from coal tar sealants.

Sponsors: House Committee on Environment (originally sponsored by Representatives Frockt, Kenney, Roberts, Fitzgibbon and Stanford).

House Committee on Environment

Senate Committee on Environment, Water & Energy

Background:

Coal tar sealants are used to protect and maintain asphalt pavement for driveways and parking lots. Asphalt pavement develops cracks over time, and sealants are used to help protect the pavement surface. Polycyclic aromatic hydrocarbons (PAHs) are a group of chemicals that are formed during the incomplete burning of coal, oil, gas, wood, or other organic substances. Coal tar sealants contain PAHs.

Summary:

After January 1, 2012, no person may sell, at wholesale or retail, a coal tar pavement product that is labeled as containing coal tar. The terms coal tar and coal tar pavement product are defined.

After July 1, 2013, a person may not apply a coal tar pavement product on a driveway or parking area.

The Department of Ecology (DOE) may issue a notice of corrective action to a person who sells or applies a coal tar pavement product in violation of the act.

A city or county may adopt an ordinance to provide for the enforcement of the requirements of the act. A city or county adopting an ordinance for enforcement has jurisdiction concurrent with the DOE.

Votes on Final Passage:

House

67

30

Senate

36

12

(Senate amended)

House

64

32

(House concurred)

Effective:

July 22, 2011