NY State Senate Bill 2009-S2766

Senate Bill S2766

2009-2010 Legislative Session

Establishes a replacement tire energy efficiency program for passenger cars and light-duty trucks

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 08, 2010	recommitted to finance
Jan 26, 2010	advanced to third reading
Jan 25, 2010	2nd report cal.
Jan 20, 2010	1st report cal.34
Jan 06, 2010	referred to environmental conservation
Mar 17, 2009	reported and committed to finance
Mar 02, 2009	referred to environmental conservation

Votes

- Jan 20, 2010 - Environmental Conservation Committee Vote
  S2766
  
  12
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: Jan 20, 2010
      
      aye (12)
      
      Foley
      
      Leibell
      
      Marcellino
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Schneiderman
      
      Serrano
      
      Stewart-Cousins
      
      Thompson
      
      Young
      
      nay (1)
      
      Little
      
      aye wr (1)
      
      Johnson

2009-S2766 (ACTIVE) - Details

See Assembly Version of this Bill:: A197
Current Committee:: Senate Finance
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 48 §§48-0101 - 48-0105, En Con L

2009-S2766 (ACTIVE) - Summary

Establishes a replacement tire energy efficiency consumer information program for passenger cars and light-duty trucks; requires the department to establish rules and regulations for replacement tire fuel efficiency ratings standards; expires upon the enactment of substantially similar federal legislation.

2009-S2766 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2766

 TITLE OF BILL :
An act to amend the environmental conservation law, in relation to
establishing the replacement tire fuel efficiency consumer information
program for passenger cars and light-duty trucks; and providing for
the repeal of such provisions upon expiration thereof


 PURPOSE :
To direct the New York State Department of Environmental Conservation
to create and manage a replacement tire energy efficiency consumer
information program.

 SUMMARY OF PROVISIONS :
This legislation amends Article 48 of the environmental conservation
law. Section 48-0101 sets definitions; section 49-0103 refers to the
database, rating system, and test procedures for the energy efficiency
of replacement tires as well as establishes the replacement tire
energy efficiency program; section 48-0105 establishes the parameters
of the replacement tire fuel efficiency ratings standards.

 JUSTIFICATION :
In an effort to curb fuel consumption, minimize carbon emissions, and
reduce costs for drivers in New York State, this bill proposes the
creation of a replacement tire energy efficiency program. Energy

efficient tires perform better in terms of fuel economy by minimizing
rolling resistance, which is the measure of the amount of energy
needed to move a tire. The higher the rolling resistance, the more gas
a car consumes. By reducing the rolling resistance level (friction on
the road), the widespread use of energy efficient tires will allow New
York State consumers to save money by using less gas.

Under federal law, automakers are required to equip new cars with
low-rolling resistance tires. There are no such fuel efficiency
standards for replacement tires in New York State. Michelin, in
comments to the National Highway Traffic Safety Administration,
estimated that the rolling resistance of replacement tires is, on
average, 22% higher than that of original equipment tires.  Although
some fuel efficient tires are already available on the replacement
tire market in New York, consumers have no way to discern which tires
are energy efficient and which are not.

This bill addresses this problem by directing the New York State
Department of Environmental Conservation (NYSDEC) to create a tire
efficiency program analogous to the ENERGY STAR program for household
appliances. The department will create a database of the energy
efficiency of a representative sample of replacement tires sold in the
state. It will also create a rating system which will enable consumers
to make more informed decisions when purchasing tires through point of
sale information or signs. The standards adopted by the department
will not adversely affect tire safety, the average life of the
replacement tire, or the effective management of scrap tires in New
York State.

The energy efficiency standards created by the NYSDEC will give New
Yorkers more information to make choices about replacement tire
purchases, which will save consumers money over the life of the tire,
decrease demand for imported oil, and reduce emissions of greenhouse
and smog forming gases.

 LEGISLATIVE HISTORY :
2007-2008: S.8131-B

 FISCAL IMPLICATIONS :
To be determined.
 EFFECTIVE DATE :
This act shall take effect immediately, provided, however, that this
act shall expire and be deemed repealed on the date the commissioner
of environmental conservation notified the legislative bill drafting
commission of the occurrence of the implementation of a substantially
similar federal program

2009-S2766 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2766

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 2, 2009
                               ___________

Introduced  by Sen. THOMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  establishing the replacement tire fuel efficiency consumer information
  program  for  passenger  cars and light-duty trucks; and providing for
  the repeal of such provisions upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent.  The legislature finds and declares all
of the following:
  a. Substantial evidence indicates that replacement tires for passenger
cars  and  light-duty trucks are less energy efficient, on average, than
tires installed as original equipment.
  b. Improving the energy efficiency of replacement tires for New York's
passenger and light-duty truck fleet could  yield  significant  economic
and  environmental  benefits  without  affecting  vehicle performance or
safety, while also  reducing  New  York's  vulnerability  to  oil  price
increases.
  c.  There  are  strong  indications that technologies are available to
make replacement tires more energy efficient and longer lasting.
  d.  There are replacement tires available in  New  York  that  are  at
least as energy efficient, on average, as original-equipment tires.
  e.  A  replacement  tire energy efficiency program should not increase
the amount of scrap tires generated  within  New  York,  nor  negatively
impact state efforts to manage scrap tires.
  S  2.  The  environmental  conservation law is amended by adding a new
article 48 to read as follows:
                                ARTICLE 48
      REPLACEMENT TIRE FUEL EFFICIENCY CONSUMER INFORMATION PROGRAM
SECTION 48-0101. DEFINITIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01293-03-9

S. 2766                             2

        48-0103. REPLACEMENT TIRE FUEL EFFICIENCY  CONSUMER  INFORMATION
                   PROGRAM.
        48-0105. REPLACEMENT TIRE FUEL EFFICIENCY RATING SYSTEM.
S 48-0101. DEFINITIONS.
  FOR  THE  PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
  1. "CONSUMER INFORMATION REQUIREMENT" MEANS POINT-OF-SALE  INFORMATION
OR SIGNS THAT ARE CONSPICUOUSLY DISPLAYED, READILY ACCESSIBLE, AND WRIT-
TEN IN A MANNER THAT CAN BE EASILY UNDERSTOOD BY THE CONSUMER. "CONSUMER
INFORMATION  REQUIREMENT"  DOES NOT INCLUDE MANDATORY LABELING, IMPRINT-
ING, OR OTHER MARKING, ON AN INDIVIDUAL TIRE BY THE TIRE MANUFACTURER OR
THE TIRE RETAILER.
  2. "COST EFFECTIVE" MEANS THE COST SAVINGS TO THE  CONSUMER  RESULTING
FROM  A  REPLACEMENT  TIRE SUBJECT TO AN ENERGY EFFICIENCY STANDARD THAT
EQUALS OR EXCEEDS THE ADDITIONAL COST TO THE CONSUMER RESULTING FROM THE
STANDARD, TAKING INTO ACCOUNT THE EXPECTED FUEL COSTS SAVINGS  OVER  THE
EXPECTED LIFE OF THE REPLACEMENT TIRE.
  3.  "REPLACEMENT TIRE" MEANS A TIRE SOLD IN THE STATE THAT IS DESIGNED
TO REPLACE A TIRE SOLD WITH A NEW PASSENGER  CAR  OR  LIGHT-DUTY  TRUCK.
"REPLACEMENT TIRE" DOES NOT INCLUDE ANY OF THE FOLLOWING TIRES:
  A.  A  TIRE  OR GROUP OF TIRES WITH THE SAME SKU, PLANT, AND YEAR, FOR
WHICH THE VOLUME OF TIRES PRODUCED OR  IMPORTED  IS  LESS  THAN  FIFTEEN
THOUSAND ANNUALLY.
  B.  A  DEEP  TREAD,  WINTER-TYPE  SNOW  TIRE, A SPACE-SAVER TIRE, OR A
TEMPORARY USE SPARE TIRE.
  C. A TIRE WITH A NOMINAL RIM DIAMETER OF TWELVE INCHES OR LESS.
  D. A MOTORCYCLE TIRE.
  E. A TIRE MANUFACTURED SPECIFICALLY FOR USE IN AN  OFF-ROAD  MOTORIZED
RECREATIONAL VEHICLE.
S   48-0103.  REPLACEMENT  TIRE  FUEL  EFFICIENCY  CONSUMER  INFORMATION
               PROGRAM.
  1.  THE DEPARTMENT, IN CONSULTATION WITH THE  NEW  YORK  STATE  ENERGY
RESEARCH  AND  DEVELOPMENT AUTHORITY, FOR PURPOSES OF THIS ARTICLE KNOWN
AS "THE AUTHORITY", SHALL ESTABLISH A DATABASE OF THE FUEL EFFICIENCY OF
A REPRESENTATIVE SAMPLE OF TIRES SOLD IN THE STATE, BASED ON TEST PROCE-
DURES ADOPTED BY THE DEPARTMENT.
  2.   ON OR BEFORE JULY FIRST,  TWO  THOUSAND  TWELVE,  THE  DEPARTMENT
SHALL,  AFTER  CONSULTATION  WITH  THE  AUTHORITY,  AND AFTER NOTICE AND
OPPORTUNITY FOR COMMENT, PROMULGATE RULES AND REGULATIONS ESTABLISHING A
REPLACEMENT TIRE FUEL EFFICIENCY CONSUMER INFORMATION PROGRAM FOR  TIRES
DESIGNED FOR USE ON MOTOR VEHICLES TO EDUCATE CONSUMERS ABOUT THE EFFECT
OF TIRES ON AUTOMOBILE FUEL EFFICIENCY.
  THE REGULATIONS SHALL INCLUDE THE FOLLOWING:
  A.  BASED  ON  THE  DATA COLLECTED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION AND OTHER RELEVANT INFORMATION, A REPLACEMENT  TIRE  FUEL  EFFI-
CIENCY  RATING  SYSTEM  FOR  MOTOR VEHICLE REPLACEMENT TIRES SOLD IN THE
STATE TO ASSIST CONSUMERS IN MAKING EDUCATED TIRE PURCHASING DECISIONS.
  B. CONSUMER INFORMATION  REQUIREMENTS  FOR  PROVIDING  INFORMATION  TO
CONSUMERS,  INCLUDING  INFORMATION AT THE POINT OF SALE AND OTHER POTEN-
TIAL INFORMATION DISSEMINATION METHODS, INCLUDING THE INTERNET.
  C. REQUIREMENTS FOR TIRE MANUFACTURERS TO REPORT TO THE DEPARTMENT THE
ENERGY EFFICIENCY OF REPLACEMENT TIRES SOLD IN THE STATE.
  D. A TIRE MAINTENANCE CONSUMER EDUCATION PROGRAM  INCLUDING,  INFORMA-
TION  ON TIRE INFLATION PRESSURE, ALIGNMENT, ROTATION, AND TREAD WEAR TO
MAXIMIZE FUEL EFFICIENCY.

S. 2766                             3

  E. IF ANOTHER STATE HAS ESTABLISHED A SUBSTANTIALLY SIMILAR PROGRAM TO
THE PROGRAM SET FORTH IN THIS ARTICLE, THE DEPARTMENT AND AUTHORITY  MAY
WORK WITH SUCH STATE OR STATES TO ADOPT SUCH A PROGRAM FOR THIS STATE.
  3. THE DEPARTMENT IN CONSULTATION WITH THE AUTHORITY, SHALL REVIEW AND
REVISE,  AS  NECESSARY, THE RULES AND REGULATIONS PROMULGATED UNDER THIS
SECTION, PROVIDED, HOWEVER, THAT THE DEPARTMENT MAY NOT REVISE THE RULES
OR REGULATIONS IN A WAY THAT REDUCES  THE  AVERAGE  FUEL  EFFICIENCY  OF
REPLACEMENT TIRES.
S 48-0105. REPLACEMENT TIRE FUEL EFFICIENCY RATING SYSTEM.
  IN  DEVELOPING  THE  REPLACEMENT  TIRE  FUEL  EFFICIENCY RATING SYSTEM
REQUIRED BY SECTION 48-0103 OF  THIS  ARTICLE,  THE  FOLLOWING  CRITERIA
SHALL BE CONSIDERED:
  1. TECHNICAL FEASIBILITY AND COST EFFECTIVENESS;
  2. TIRE SAFETY;
  3. AVERAGE TIRE LIFE AND REPLACEMENT TIRES; AND
  4. THE MANAGEMENT OF SCRAP TIRES IN THE STATE.
  S  3.  This act shall take effect immediately; provided, however, that
this act shall expire and be deemed repealed on the date the commission-
er of environmental conservation notifies the legislative bill  drafting
commission  of  the  occurrence of the implementation of a substantially
similar federal program.

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