I 112th CONGRESS 1st Session H. R. 708 IN THE HOUSE OF REPRESENTATIVES February 15, 2011 Mr. Shuster (for himself and Mr. Holden) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 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.

1.

Short title

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

2.

Standards limiting amounts of arsenic and lead contained in glass beads used in pavement markings

(a)

In general

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 used in pavement markings

(a)

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 of paragraph (2) on that date. (2)

Requirement

A State meets the requirement of this paragraph if the State has in effect and is enforcing requirements to ensure that glass beads used in pavement markings, on or along any road or highway in the State, do 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. (3)

Availability for apportionment

An amount withheld under this section from apportionment to a State shall not subsequently be available for apportionment to that State. (b)

Definitions

In this section, the following definitions apply: (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 analysis for such chapter is amended by adding at the end the following: 330. Standards limiting amounts of arsenic and lead contained in glass beads used in pavement markings. . (c)

Effective date

This Act and the amendments made by this Act shall take effect on the 90th day following the date of enactment of this Act.