[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1122 Introduced in Senate (IS)]

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.
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