S 1122

112th CONGRESS
1st Session

S. 1122

To amend title 23, United States Code, to establish standards limiting the amounts of arsenic and lead contained in glass beads used in pavement markings.

IN THE SENATE OF THE UNITED STATES

May 26, 2011

Mr. MENENDEZ introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works


A BILL

To amend title 23, United States Code, to establish standards limiting the amounts of arsenic and lead contained in glass beads used in pavement markings.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the `Safe Highway Markings Act of 2011'.

SEC. 2. STANDARDS LIMITING AMOUNTS OF ARSENIC AND LEAD CONTAINED IN GLASS BEADS.

    (a) In General- Chapter 3 of title 23, United States Code, is amended by adding at the end the following:

`Sec. 330. Standards limiting amounts of arsenic and lead contained in glass beads

    `(a) Definitions- In this section, the following definitions apply:

      `(1) GLASS BEAD- The term `glass bead' means a transparent spherical glass that is manufactured for use in pavement markings to provide retroreflective properties or for other purposes.

      `(2) PAVEMENT MARKING- The term `pavement marking' means a system composed of pigmented binders that is applied to the pavement surface to convey guidance, regulations, or warnings to motorists.

    `(b) Standards-

      `(1) WITHHOLDING OF APPORTIONMENTS FOR NONCOMPLIANCE- The Secretary shall withhold up to 5 percent of the amount required to be apportioned to a State under paragraphs (1), (3), and (4) of section 104(b) on the first day of fiscal year 2013 and each fiscal year thereafter, if the State does not meet the requirement under paragraph (2) by that date.

      `(2) REQUIREMENT- A State meets the requirement under this paragraph if the State has in effect, and is enforcing, requirements to ensure that glass beads used in the State do not contain more than 200 parts per million of arsenic or lead, as determined in accordance with Environmental Protection Agency testing methods 3052 and 6010C.

      `(3) AVAILABILITY FOR APPORTIONMENT- Amounts withheld from apportionment to a State under paragraph (1) may not subsequently be made available for apportionment to that State.'.

    (b) Conforming Amendment- The analysis for chapter 3 of title 23, United States Code, is amended by adding at the end the following:

      `330. Standards limiting amounts of arsenic and lead contained in glass beads.'.

    (c) Effective Date- This Act, and the amendments made by this Act, shall take effect on the date that is 90 days after the date of the enactment of this Act.

END