Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010 ENROLLED
SENATE BILL NO. 402
BY SENATOR RISER
AN ACT1
To enact R.S. 48:35.1, relative to roads and highways in this state; to provide relative to2
reflective glass markings on streets, roads, or highways; and to provide for related3
matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 48:35.1 is hereby enacted to read as follows: 6
ยง35.1. Reflective Glass Highways Markings; minimum standards7
A. The Legislature finds and declares the following:8
(1) Inorganic arsenic is a hazardous substance and is recognized by the9
United States Environmental Protection Agency and the United States10
Occupational Health and Safety Administration as a human carcinogen.11
(2) Release of this substance to the environment may lead to12
contamination of soil and water, and the ingestion or inhalation of soil, water,13
plant material, or animal tissues contaminated with inorganic arsenic may lead14
to lung cancer, damage to the nervous system, or, in extreme cases, death from15
systemic poisoning.16
(3) Reflective glass beads are used to reflect light when applied to street,17
road, or highway markers.18
(4) Glass beads that contain more than 75 parts per million of inorganic19
arsenic may represent a danger to workers who handle and apply them and a20
contamination potential to soil and water surrounding streets, roadways, or21
highways.22
(5) It is in the public interest to prohibit the manufacture, sale, or use23
of glass beads used to reflect light when applied to markings on streets,24
roadways, or highways in this state if those beads contain more than 75 parts25
per million of inorganic arsenic.26
B. The department, any local, municipal or parish governing authority,27
ACT No. 134 SB NO. 402 ENROLLED
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
or any political subdivision of this state shall not place any markings made with1
paint that has been mixed, in whole or in part, with reflective glass beads2
containing more than 75 parts per million of inorganic arsenic as determined3
using EPA Method 6010B in conjunction with EPA Method 3052 for sample4
preparation, on or along any street, road, or highway in this state under their5
jurisdiction.6
C. (1) No person shall manufacture, sell, offer for sale, or offer for7
promotional purposes in this state reflective glass beads that are used to reflect8
light when applied to markings on streets, roadways, or highways in this state9
if those glass beads contain inorganic arsenic in more than 75 parts per million10
as determined using EPA Method 6010B in conjunction with EPA Method 305211
for sample preparation.12
(2) Any person who violates this Section shall be subject to a civil penalty13
of not less than five hundred dollars nor more than one thousand dollars for14
each violation. If the violation is of a continuing nature, each day during which15
it continues constitutes an additional, separate, and distinct offense.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: