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

                                 197--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  HEVESI,  KOON,  COLTON, JAFFEE, ENGLEBRIGHT,
  DelMONTE,  SWEENEY,  LUPARDO,  MAISEL,   HOOPER,   STIRPE,   CARROZZA,
  N. RIVERA,  ROSENTHAL,  FIELDS, DINOWITZ, SCHIMEL, GALEF, ZEBROWSKI --
  Multi-Sponsored by -- M. of A.   BENJAMIN,  BRENNAN,  DESTITO,  GLICK,
  MAGEE,  MARKEY, MAYERSOHN, McENENY, O'DONNELL, PEOPLES, PHEFFER, SCAR-
  BOROUGH, WEISENBERG -- read once and  referred  to  the  Committee  on
  Environmental  Conservation  --  committee  discharged,  bill amended,
  ordered reprinted as amended and recommitted to said committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01293-02-9

              

A. 197--A                           2

  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.
        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.

A. 197--A                           3

  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.
  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.