II 111th CONGRESS 2d Session S. 3670 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.

1.

Short title

This Act may be cited as the Safe Highway Markings Act of 2010.

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:

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. .

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.