Bill Text: NJ S2124 | 2010-2011 | Regular Session | Introduced
Bill Title: Prohibits manufacture or sale of reflective glass beads with high arsenic content; prohibits DOT and State's toll road authorities from using paint mixed with reflective glass beads for roadway markings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-15 - Substituted by A1448 (1R) [S2124 Detail]
Download: New_Jersey-2010-S2124-Introduced.html
Sponsored by:
Senator JIM WHELAN
District 2 (Atlantic)
SYNOPSIS
Prohibits manufacture or sale of reflective glass beads with high arsenic content; prohibits DOT and State's toll road authorities from using paint mixed with reflective glass beads for roadway markings.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain road markings, amending P.L.1951, c.23, and supplementing Title 27 and Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) The Legislature finds and declares that inorganic arsenic is a hazardous substance and is recognized by the United States Environmental Protection Agency and the United States Occupational Safety and Health Administration as a human carcinogen; that release of this substance to the environment may lead to contamination of soil and water; that the ingestion or inhalation of soil, water, plant material, or animal tissues contaminated with inorganic arsenic may lead to lung cancer, damage to the nervous system, or, in extreme cases, death from systemic poisoning; that reflective glass beads are used to reflect light when applied to roadway markers; that glass beads which contain more than 75 parts per million inorganic arsenic may represent a danger to workers who handle and apply them and a contamination potential to soil and water surrounding roadways.
The Legislature therefore determines that it is in the public interest to prohibit the manufacture, sale, or use of glass beads containing more than 75 parts per million inorganic arsenic used to reflect light when applied to markings on roadways.
2. (New section) a. On or after January 1, 2011 no person shall manufacture, sell, offer for sale, or offer for promotional purposes in this State reflective glass beads containing more than 75 parts per million inorganic arsenic, as determined by the United States Environmental Protection Agency Method 6010B in conjunction with the United States Environmental Protection Agency Method 3052 modified, used to reflect light when applied to markings on roadways.
b. Any person who violates this section shall be subject to a penalty of not less than $500 nor more than $1,000 for each offense, to be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The municipal court and the Superior Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this section.
If the violation is of a continuing nature, each day during which it continues constitutes an additional, separate, and distinct offense.
3. (New section) a. Notwithstanding the provisions of P.L.1948, c.454 (C.27:23-1 et seq.) or any rule or regulation to the contrary, no markings made with paint that has been mixed, in whole or in part, with reflective glass beads containing more than 75 parts per million inorganic arsenic, as determined by the United States Environmental Protection Agency Method 6010B in conjunction with the United States Environmental Protection Agency Method 3052 modified, shall be placed on , or along , any New Jersey Turnpike Authority highway project, right-of-way, or other real property owned by or under the administration, jurisdiction, or control of the New Jersey Turnpike Authority.
b. The New Jersey Turnpike Authority shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations that may be necessary to implement the provisions of this section.
4. (New section) a. Notwithstanding the provisions of P.L.1991, c.252 (C.27:25A-1 et seq.) or any rule or regulation to the contrary, no markings made with paint that has been mixed, in whole or in part, with reflective glass beads containing more than 75 parts per million inorganic arsenic, as determined by the United States Environmental Protection Agency Method 6010B in conjunction with the United States Environmental Protection Agency Method 3052 modified, shall be placed on, or along, any South Jersey Transportation Authority expressway project, right-of-way, or other real property owned by or under the administration, jurisdiction, or control of the South Jersey Transportation Authority.
b. The South Jersey Transportation Authority shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations that may be necessary to implement the provisions of this section.
5. Section 100 of P.L.1951, c.23 (C.39:4-191.1) is amended to read as follows:
100. a. Markings shall be placed only by the authority of a public body or official having jurisdiction as authorized by law, and only for the purpose of regulating, warning, or guiding traffic. Where used, these markings shall be uniform in design, position, and application. The Commissioner of Transportation may adopt a uniform system of markings consistent with the provisions of this act for use upon public highways within the State. Such a uniform system of markings shall correlate with and so far as possible conform to the current "Manual on Uniform Traffic Control Devices for Streets and Highways."
b. No markings made from paint that has been mixed, in whole or in part, with reflective glass beads containing more than 75 parts per million inorganic arsenic, as determined by the United States Environmental Protection Agency Method 6010B in conjunction with the United States Environmental Protection Agency Method 3052 modified, shall be placed on or along any State highway, right-of-way, or other real property owned by or under the administration, jurisdiction, or control of the Department of Transportation.
(cf: P.L.1951, c.23, s.100)
6. Section 105 of P.L.1951, c.23 (C.39:4-191.6) is amended to read as follows:
105. All markings may be reflectorized, and all obstructions, within the roadway, shall be properly illuminated or reflectorized. The following markings shall normally be reflectorized:
a. Center lines on pavement.
b. "No Passing" lines.
c. Striping or checkerboard squares on vertical surfaces of obstructions in or adjacent to the roadway.
d. Reflector markers.
In conformance with the provisions of section 100 of P.L.1951, c.23 (C.39:4-191.1) no reflectorized markings made from paint that has been mixed, in whole or in part, with reflective glass beads containing more than 75 parts per million inorganic arsenic, as determined by the United States Environmental Protection Agency Method 6010B in conjunction with United States Environmental Protection Agency Method 3052 modified, shall be placed on or along any State highway, right-of-way, or other real property owned by or under the administration, jurisdiction, or control of the Department of Transportation.
(cf: P.L.1951, c.23, s.105)
7. This act shall take effect immediately.
STATEMENT
This bill would prohibit, on or after January 1, 2011, any reflective glass beads containing more than 75 parts per million inorganic arsenic, as determined by the United States Environmental Protection Agency Method 6010B in conjunction with United States Environmental Protection Agency Method 3052 modified, used to reflect light when applied to markings on roadways to be manufactured, sold, offered for sale, or offered for promotional purposes in this State.
The bill would prohibit the Department of Transportation, the New Jersey Turnpike Authority, and the South Jersey Transportation Authority from using paint that has been mixed, in whole or in part, with reflective glass beads containing more than 75 parts per million inorganic arsenic for markings placed on, or along, the toll roads, State highways, right-of-ways, or other real property owned by or under the administration, jurisdiction, or control of the department or the toll road authorities.
Inorganic arsenic is a hazardous substance and is recognized by the United States Environmental Protection Agency and the United States Occupational Safety and Health Administration as a human carcinogen. Reflective glass beads which contain more than 75 parts per million inorganic arsenic may represent a danger to workers who handle and apply them and a contamination potential to soil and water surrounding roadways.
