[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3670 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3670

    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

                             July 29, 2010

Mr. Specter (for himself and Mr. Casey) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
    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 2010''.

SEC. 2. STANDARDS LIMITING THE AMOUNTS OF ARSENIC AND LEAD CONTAINED IN 
              GLASS BEADS USED IN PAVEMENT MARKINGS.

    (a) Amendment.--Chapter 3 of title 23, United States Code, is 
amended by adding after section 329 the following new section:
``Sec. 330. Standards limiting the amounts of arsenic and lead 
              contained in glass beads used in pavement markings
    ``(a) Standards.--
            ``(1) In general.--Subject to paragraph (2), a State that 
        receives funds under this title shall ensure that each glass 
        bead used in pavement markings, on or along any road or 
        highway, does not contain more than 200 parts per million 
        arsenic or lead, as determined in accordance with the testing 
        methods of the Environmental Protection Agency numbered 6010C 
        and 3052.
            ``(2) Failure to comply.--If a State does not substantially 
        comply with any requirement under paragraph (1) throughout 
        fiscal year 2011 or any subsequent fiscal year, the Secretary 
        of Transportation, acting through the Administrator of the 
        Federal Highway Administration, shall withhold up to 5 percent 
        of the amount required to be apportioned to the State under 
        paragraphs (1), (3), and (4) of section 104(b) on the first day 
        of the following fiscal year.
            ``(3) Availability for apportionment.--An amount withheld 
        under this section from apportionment to a State after 
        September 30, 2011, is not available for apportionment to the 
        State.
    ``(b) Definitions.--In this section:
            ``(1) Glass bead.--The term `glass bead' means a 
        transparent spherical glass manufactured to be highly resistant 
        to traffic wear and used in pavement markings to provide 
        retroreflective properties when viewed at night with motor 
        vehicle headlights.
            ``(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) Conforming Amendment.--The chapter analysis for chapter 3 of 
title 23, United States Code, is amended by adding at the end the 
following:

``330. Standards limiting the amounts of arsenic and lead contained in 
                            glass beads used in pavement markings.''.

SEC. 3. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect 90 
days after the date of the enactment of this Act.
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