Bill
S 645
Massachusetts bans applying coal tar sealant products on driveways and parking areas, targeting products with at least 20 percent coal tar pitch or high PAHs to curb runoff.
Status & timeline
- Introduced (Senate) 02/20/2025; Senate docket filed 01/16/2025.
- Referred to committee (listed in record as Environment and Natural Resources; other referral entries in the provided record are inconsistent).
- Hearing scheduled 06/17/2025 (A‑1).
- Bill would take effect January 1, 2026, if enacted.
Purpose
- Prohibits the application of coal tar–based pavement sealant products on driveways and parking areas in Massachusetts. The bill targets a known source of polycyclic aromatic hydrocarbons (PAHs) in the environment.
Key provisions
- Adds Section 245 to Chapter 111 of the Massachusetts General Laws (new “Coal Tar Pavement Sealant Products” section).
- Definitions:
- “Coal tar”: viscous product from destructive distillation of coal, containing PAHs in excess of 10,000 mg/kg (includes refined coal tar, coal tar pitch, etc.).
- “Coal tar sealant product”: a surface-applied sealant for asphalt or concrete that contains at least 20% coal tar pitch.
- Prohibition:
- “No person or entity shall apply, or permit the application on property he or she owns, a coal tar sealant product on a driveway or parking area.”
- The plain language prohibits both application by applicators and permitting such application on owned property.
- Penalties:
- First violation: fine of not less than $500.
- Second or subsequent violation: fine of not less than $1,000 or imprisonment in the house of correction for up to 1 year.
Who is affected
- Property owners and managers (private and public) who own driveways or parking areas.
- Paving contractors, sealant applicators, and landscape/maintenance firms.
- Manufacturers and retailers of pavement sealants (products meeting the defined thresholds would be effectively banned for the listed uses).
- Municipalities and public entities that maintain parking areas.
Practical and regulatory implications
- Products containing ≥20% coal tar pitch or meeting the specified PAH threshold would be excluded from use on driveways and parking areas after the effective date.
- The bill does not specify enforcement authority or an administrative process for testing/verification of product composition — potential implementation questions include who enforces the ban and how products are proven to meet the defined thresholds.
- Businesses may shift to alternative sealants (asphalt‑based, acrylic, or other formulations) and may face compliance costs; environmental benefits would likely be reduced PAH runoff and contamination in urban waterways and soils.
Sponsors and related measures
- Primary sponsor (bill patron/presenter): Senator Michael O. Moore (Second Worcester).
- Related/companion legislative entries were provided (e.g., HR 1502, SD 1563, A 3463); note some sponsor and referral metadata in the provided record appear inconsistent.
Notes
- The bill text emphasizes that coal tar sealants are a “major source of polycyclic aromatic hydrocarbons in the environment” as rationale for the prohibition.
Compiled from official sources — confirm details with the bill’s official record.
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