NY State Assembly Bill 2009-A8687

Archive: Last Bill Status - Signed by Governor

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
Sep 17, 2010	signed chap.494
Sep 07, 2010	delivered to governor
Jun 30, 2010	returned to assembly passed senate 3rd reading cal.1392 substituted for s8020
Jun 23, 2010	referred to rules delivered to senate passed assembly
Jun 14, 2010	ordered to third reading rules cal.98 rules report cal.98 reported
Jun 08, 2010	reported referred to rules
May 27, 2010	print number 8687b
May 27, 2010	amend and recommit to codes
May 11, 2010	reported referred to codes
Apr 07, 2010	reference changed to environmental conservation
Mar 18, 2010	print number 8687a
Mar 18, 2010	amend (t) and recommit to economic development
Jan 06, 2010	referred to economic development
Jun 03, 2009	referred to economic development

Votes

- Jun 30, 2010 - Floor Vote
  A8687
  
  35
  
  Aye
  
  26
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 30, 2010
      
      aye (35)
      
      Adams
      
      Addabbo Jr.
      
      Aubertine
      
      Breslin
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Foley
      
      Fuschillo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Marcellino
      
      Montgomery
      
      Onorato
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      nay (26)
      
      Alesi
      
      Bonacic
      
      DeFrancisco
      
      Farley
      
      Flanagan
      
      Golden
      
      Griffo
      
      Johnson
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Maziarz
      
      McDonald
      
      Nozzolio
      
      Padavan
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Seward
      
      Skelos
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (1)
      
      Morahan

Bill Amendments

Original

B (Active)

co-Sponsors

multi-Sponsors

2009-A8687 - Details

Law Section:: General Business Law
Laws Affected:: Add §391-q, Gen Bus L

2009-A8687 - Summary

Prohibits the sale and use of wheel weights containing lead intentionally added during manufacturing.

2009-A8687 - Sponsor Memo

                                BILL NUMBER:A8687

TITLE OF BILL:  An act to amend the general business law, in relation to
prohibiting the sale and use of wheel weights containing lead or mercury

PURPOSE OR GENERAL IDEA OF BILL: This bill will prohibit the sale and
use of wheel weights containing lead or mercury.

SUMMARY OF SPECIFIC PROVISIONS:  Section one amends the general business
law by adding a new section 391-q. This section prohibits the use or
sale of lead or mercury wheel weights or vehicles equipped with such
weights after January 1 g, 2011. It also defines "lead or mercury wheel
weight", "new motor vehicle", and "person".

Section two sets out the effective date.

JUSTIFICATION:  Wheel weights are used in cars and trucks to keep the
wheels balanced.  If wheels are unbalanced, they vibrate and this can
make the cars harder to handle as well as increase tire wear. The major-
ity of wheel weights currently in use are clip ons that are attached at
the edge of a wheel's rim. An average vehicle contains ten wheel weights
(two on each of the four wheels and two more on the spare).

Most wheel weights are made up of 95 percent lead and some of them also
contain mercury. Approximately 50 million pounds per year of lead is
used worldwide in the manufacture of wheel weights. An average of 4.5

ounces of lead is clipped to the wheel rims of every car in the U.S.
This amounts to 10-12.5% of vehicle lead use, excluding the lead-acid
battery.

Many wheel weights are lost on the streets when cars hit curbs, potholes
or barriers. It is estimated that about 13% of all wheel weights fall
off a car while it is in motion. This results in the loss of about 1.6
million pounds of lead onto roads or in parking lots. When the weights
fall off, they are pulverized by other cars and trucks which results in
the spread of lead dust throughout the environment, including leaching
into rain runoff and soil.

Dr. Robert A. Root (Environmental Health Perspectives, Volume 108,
Number 10. October 2000) has published a study documenting the rates at
which lead weights fall off their host vehicles and are gradually abrad-
ed into lead dust. This study established that lead wheel weights are,
"a major source of lead exposure that heretofore has not been recog-
nized." This is problematic since lead is extremely toxic and has been
linked to brain damage and other developmental and behavioral problems,
especially in children. Mercury, which can also be found in tire
weights, is a toxin as well and exposure can permanently damage or
fatally injure the brain and kidneys. Even low levels of exposure can
affect the memory, attention, language and other skills of children.

Some tire dealers are already phasing out lead wheel weights and laws
banning them have been enacted in Maine, Vermont and Washington.  There

is pending legislation in California to codify a lawsuit settlement with
the three largest wheel weight manufacturers. Many lead-free weights are
produced in the U.S. and are made of substances such as zinc and steel
alloy. Asian and European car makers have used lead alternatives for a
number of years. Efforts have also been made to collect and recycle lead
wheel weights at the end of a vehicle's life and about 75% is success-
fully recycled. 25% of the wheel weights remain at large in the environ-
ment, however.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

2009-A8687 - Bill Text download pdf

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

                                  8687

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 3, 2009
                               ___________

Introduced by M. of A. ROSENTHAL, LUPARDO -- Multi-Sponsored by -- M. of
  A.  JOHN,  WEISENBERG  --  read  once and referred to the Committee on
  Economic Development, Job Creation, Commerce and Industry

AN ACT to amend the general business law, in relation to prohibiting the
  sale and use of wheel weights containing lead or mercury

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

  Section 1. The general business law is amended by adding a new section
391-q to read as follows:
  S  391-Q.  LEAD  OR  MERCURY WHEEL WEIGHT; PROHIBITED. 1. ON AND AFTER
JANUARY FIRST, TWO THOUSAND ELEVEN ANY PERSON REPLACING OR  BALANCING  A
TIRE ON A MOTOR VEHICLE REQUIRED TO BE REGISTERED UNDER ARTICLE FOURTEEN
OF  TITLE  FOUR  OF  THE  VEHICLE AND TRAFFIC LAW, SHALL NOT USE A WHEEL
WEIGHT OR OTHER PRODUCT FOR BALANCING MOTOR VEHICLE WHEELS IF THE WEIGHT
OR OTHER BALANCING PRODUCT CONTAINS LEAD  OR  MERCURY  THAT  WAS  INTEN-
TIONALLY ADDED DURING THE MANUFACTURE OF THE PRODUCT.
  2. ON AND AFTER JANUARY FIRST, TWO THOUSAND ELEVEN, A PERSON SHALL NOT
SELL  OR  OFFER  TO  SELL  OR  DISTRIBUTE  WEIGHTS OR OTHER PRODUCTS FOR
BALANCING MOTOR VEHICLE WHEELS IF THE WEIGHT OR OTHER BALANCING  PRODUCT
CONTAINS  LEAD  OR MERCURY THAT WAS INTENTIONALLY ADDED DURING THE MANU-
FACTURE OF THE PRODUCT.
  3. ON AND AFTER JANUARY FIRST, TWO THOUSAND TWELVE, A PERSON  MAY  NOT
SELL A NEW MOTOR VEHICLE THAT IS EQUIPPED WITH A WEIGHT OR OTHER PRODUCT
FOR  BALANCING  MOTOR  VEHICLE  WHEELS  IF THE WEIGHT OR OTHER BALANCING
PRODUCT CONTAINS LEAD OR MERCURY THAT WAS INTENTIONALLY ADDED DURING THE
MANUFACTURE OF THE PRODUCT.
  4. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
FOLLOWING MEANINGS:
  A.  "LEAD  OR  MERCURY  WHEEL  WEIGHT" MEANS ANY EXTERNALLY AFFIXED OR
ATTACHED WHEEL WEIGHT  USED  FOR  BALANCING  MOTOR  VEHICLE  WHEELS  AND
COMPOSED OF GREATER THAN 0.1 PERCENT LEAD OR MERCURY BY WEIGHT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14006-01-9

A. 8687                             2

  B.  "NEW  MOTOR  VEHICLE" MEANS A MOTOR VEHICLE THAT IS REQUIRED TO BE
REGISTERED UNDER ARTICLE FOURTEEN OF TITLE FOUR OF THE VEHICLE AND TRAF-
FIC LAW THAT HAS NOT  BEEN  PREVIOUSLY  SOLD  TO  ANY  PERSON  EXCEPT  A
DISTRIBUTOR, WHOLESALER OR MOTOR VEHICLE DEALER FOR RESALE.
  C.  "PERSON"  MEANS  ANY  INDIVIDUAL,  FIRM, ASSOCIATION, PARTNERSHIP,
CORPORATION, ORGANIZATION, OR JOINT VENTURE.
  S 2. This act shall take effect immediately.

co-Sponsors

multi-Sponsors

2009-A8687A - Details

Law Section:: General Business Law
Laws Affected:: Add §391-q, Gen Bus L

2009-A8687A - Summary

Prohibits the sale and use of wheel weights containing lead intentionally added during manufacturing.

2009-A8687A - Sponsor Memo

                                BILL NUMBER:A8687A

TITLE  OF BILL:   An act to amend the environmental conservation law, in
relation to prohibiting the sale and use  of  wheel  weights  containing
lead

PURPOSE  OR  GENERAL IDEA OF BILL: This bill will prohibit the sale and;
use of wheel weights containing lead.

SUMMARY OF SPECIFIC PROVISIONS: Section one amends the general  business
law  by  adding  a  new section 391-q. This section prohibits the use or
sale of lead wheel weights or vehicles equipped with such weights  after
January 1st, 2011. It also defines "lead wheel weight", "new motor vehi-
cle", and "person".

Section two sets out the effective date.

JUSTIFICATION:  Wheel  weights  are  used in cars and trucks to keep the
wheels balanced. If wheels are unbalanced, they  vibrate  and  this  can
make the cars harder to handle as well as increase tire wear. The major-
ity  of wheel weights currently in use are clipeons that are attached at
the edge of a wheel's rim. An average vehicle contains ten wheel weights
(two on each of the four wheels and two more on the spare).

Most wheel weights are made up of  95  percent  lead.  Approximately  SO
million  pounds  per  year  of lead is used worldwide in the manufacture

of.wheel weights. An average of 4.5 ounces of lead  is  clipped  to  the
wheel  rims of every car in the U.S. This amounts to 10-12.5% of vehicle
lead use, excluding the lead-acid battery.

Many wheel weights are lost on the streets when cars hit curbs, potholes
or barriers. It is estimated that about 13% of all  wheel  weights  fall
off  a  car while it is in motion. This results in the loss of about 1.6
million pounds of lead onto roads or in parking lots. When  the  weights
fall  off, they are pulverized by other cars and trucks which results in
the spread of lead dust throughout the environment,  including  leaching
into rain runoff and soil.

Dr.  Robert  A.  Root  (Environmental  Health  Perspectives, Volume 108,
Number 10. October 2000) has published a study documenting the rates  at
which lead weights fall off their host vehicles and are gradually abrad-
ed  into  lead dust. This study established that lead wheel weights are,
"a major source of lead exposure that heretofore  has  not  been  recog-
nized."  This  is problematic since lead is extremely toxic and has been
linked to brain damage and other developmental and behavioral  problems,
especially in children.

Some  tire  dealers  are already phasing out lead wheel weights and laws
banning them have been enacted in Maine, Vermont and Washington.   There
is pending legislation in California to codify a lawsuit settlement with
the three largest wheel weight manufacturers. Many lead-free weights are
produced  in  the U.S. and are made of substances such as zinc and steel

alloy. Asian and European car makers have used lead alternatives  for  a
number of years. Efforts have also been made to collect and recycle lead
wheel  weights at the end of a vehicle's life and about 75% are success-
fully recycled. 25% of the wheel weights remain at large in the environ-
ment, however.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

2009-A8687A - Bill Text download pdf

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

                                 8687--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 3, 2009
                               ___________

Introduced  by M. of A. ROSENTHAL, SPANO, LUPARDO, HOOPER -- Multi-Spon-
  sored by -- M.  of A. JOHN, WEISENBERG -- read once  and  referred  to
  the  Committee  on  Economic  Development,  Job Creation, Commerce and
  Industry -- recommitted to the Committee on Economic Development,  Job
  Creation,  Commerce  and  Industry in accordance with Assembly Rule 3,
  sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  prohibiting the sale and use of wheel weights containing lead

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

  Section  1.  The environmental conservation law is amended by adding a
new section 37-0113 to read as follows:
S 37-0113. LEAD WHEEL WEIGHT; PROHIBITED.
  1. ON AND AFTER JANUARY FIRST, TWO THOUSAND ELEVEN ANY PERSON  REPLAC-
ING  OR  BALANCING  A  TIRE ON A MOTOR VEHICLE REQUIRED TO BE REGISTERED
UNDER ARTICLE FOURTEEN OF TITLE FOUR OF THE  VEHICLE  AND  TRAFFIC  LAW,
SHALL  NOT USE A WHEEL WEIGHT OR OTHER PRODUCT FOR BALANCING MOTOR VEHI-
CLE WHEELS IF THE WEIGHT OR OTHER BALANCING PRODUCT CONTAINS  LEAD  THAT
WAS INTENTIONALLY ADDED DURING THE MANUFACTURE OF THE PRODUCT.
  2. ON AND AFTER JANUARY FIRST, TWO THOUSAND ELEVEN, A PERSON SHALL NOT
SELL  OR  OFFER  TO  SELL  OR  DISTRIBUTE  WEIGHTS OR OTHER PRODUCTS FOR
BALANCING MOTOR VEHICLE WHEELS IF THE WEIGHT OR OTHER BALANCING  PRODUCT
CONTAINS LEAD THAT WAS INTENTIONALLY ADDED DURING THE MANUFACTURE OF THE
PRODUCT.
  3.  ON  AND AFTER JANUARY FIRST, TWO THOUSAND TWELVE, A PERSON MAY NOT
SELL A NEW MOTOR VEHICLE THAT IS EQUIPPED WITH A WEIGHT OR OTHER PRODUCT
FOR BALANCING MOTOR VEHICLE WHEELS IF  THE  WEIGHT  OR  OTHER  BALANCING
PRODUCT  CONTAINS  LEAD THAT WAS INTENTIONALLY ADDED DURING THE MANUFAC-
TURE OF THE PRODUCT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14006-02-0

A. 8687--A                          2

  4. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
FOLLOWING MEANINGS:
  A.  "LEAD WHEEL WEIGHT" MEANS ANY EXTERNALLY AFFIXED OR ATTACHED WHEEL
WEIGHT USED FOR BALANCING MOTOR VEHICLE WHEELS AND COMPOSED  OF  GREATER
THAN 0.1 PERCENT LEAD BY WEIGHT.
  B.  "NEW  MOTOR  VEHICLE" MEANS A MOTOR VEHICLE THAT IS REQUIRED TO BE
REGISTERED UNDER ARTICLE FOURTEEN OF TITLE FOUR OF THE VEHICLE AND TRAF-
FIC LAW THAT HAS NOT  BEEN  PREVIOUSLY  SOLD  TO  ANY  PERSON  EXCEPT  A
DISTRIBUTOR, WHOLESALER OR MOTOR VEHICLE DEALER FOR RESALE.
  C.  "PERSON"  MEANS  ANY  INDIVIDUAL,  FIRM, ASSOCIATION, PARTNERSHIP,
CORPORATION, ORGANIZATION, OR JOINT VENTURE.
  S 2. This act shall take effect immediately.

co-Sponsors

multi-Sponsors

2009-A8687B (ACTIVE) - Details

Law Section:: General Business Law
Laws Affected:: Add §391-q, Gen Bus L

2009-A8687B (ACTIVE) - Summary

Prohibits the sale and use of wheel weights containing lead intentionally added during manufacturing.

2009-A8687B (ACTIVE) - Bill Text download pdf

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

                                 8687--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 3, 2009
                               ___________

Introduced  by M. of A. ROSENTHAL, SPANO, LUPARDO, HOOPER -- Multi-Spon-
  sored by -- M.  of A. JOHN, WEISENBERG -- read once  and  referred  to
  the  Committee  on  Economic  Development,  Job Creation, Commerce and
  Industry -- recommitted to the Committee on Economic Development,  Job
  Creation,  Commerce  and  Industry in accordance with Assembly Rule 3,
  sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended  and recommitted to said committee -- reported and referred to
  the Committee on Codes -- committee discharged, bill amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  prohibiting the sale and use of wheel weights containing lead

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

  Section  1.  The environmental conservation law is amended by adding a
new section 37-0113 to read as follows:
S 37-0113. LEAD WHEEL WEIGHT; PROHIBITED.
  1. ON AND AFTER APRIL FIRST, TWO THOUSAND ELEVEN ANY PERSON  REPLACING
OR  BALANCING  A TIRE ON A MOTOR VEHICLE REQUIRED TO BE REGISTERED UNDER
ARTICLE FOURTEEN OF TITLE FOUR OF THE VEHICLE AND TRAFFIC LAW, SHALL NOT
USE A WHEEL WEIGHT OR OTHER PRODUCT FOR BALANCING MOTOR  VEHICLE  WHEELS
IF  THE WEIGHT OR OTHER BALANCING PRODUCT CONTAINS MORE THAN 0.1 PERCENT
LEAD BY WEIGHT.
  2. ON AND AFTER APRIL FIRST, TWO THOUSAND ELEVEN, A PERSON  SHALL  NOT
SELL  OR  OFFER  TO  SELL  OR  DISTRIBUTE  WEIGHTS OR OTHER PRODUCTS FOR
BALANCING MOTOR VEHICLE WHEELS IF THE WEIGHT OR OTHER BALANCING  PRODUCT
CONTAINS MORE THAN 0.1 PERCENT LEAD BY WEIGHT.
  3.  ON  AND  AFTER  APRIL FIRST, TWO THOUSAND TWELVE, A PERSON MAY NOT
SELL A NEW MOTOR VEHICLE THAT IS EQUIPPED WITH A WEIGHT OR OTHER PRODUCT
FOR BALANCING MOTOR VEHICLE WHEELS IF  THE  WEIGHT  OR  OTHER  BALANCING
PRODUCT CONTAINS MORE THAN 0.1 PERCENT LEAD BY WEIGHT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14006-04-0

A. 8687--B                          2

  4.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
  A.  "NEW  MOTOR  VEHICLE" MEANS A MOTOR VEHICLE THAT IS REQUIRED TO BE
REGISTERED UNDER ARTICLE FOURTEEN OF TITLE FOUR OF THE VEHICLE AND TRAF-
FIC LAW THAT HAS NOT  BEEN  PREVIOUSLY  SOLD  TO  ANY  PERSON  EXCEPT  A
DISTRIBUTOR, WHOLESALER OR MOTOR VEHICLE DEALER FOR RESALE.
  B.  "PERSON"  MEANS  ANY  INDIVIDUAL,  FIRM, ASSOCIATION, PARTNERSHIP,
CORPORATION, ORGANIZATION, OR JOINT VENTURE.
  S 2. This act shall take effect immediately.

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Assembly Bill A8687

Sponsored By

Archive: Last Bill Status - Signed by Governor

Jun 30, 2010 - Floor Vote

Floor Vote: Jun 30, 2010

Bill Amendments

co-Sponsors

multi-Sponsors

2009-A8687 - Details

2009-A8687 - Summary

2009-A8687 - Sponsor Memo

2009-A8687 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2009-A8687A - Details

2009-A8687A - Summary

2009-A8687A - Sponsor Memo

2009-A8687A - Bill Text download pdf

co-Sponsors

multi-Sponsors

2009-A8687B (ACTIVE) - Details

2009-A8687B (ACTIVE) - Summary

2009-A8687B (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A8687

Share this bill

Sponsored By

ROSENTHAL

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

Mike Spano

Donna Lupardo

Earlene Hooper

multi-Sponsors

Susan John

Harvey Weisenberg

2009-A8687 - Details

2009-A8687 - Summary

2009-A8687 - Sponsor Memo

2009-A8687 - Bill Text download pdf

co-Sponsors

Mike Spano

Donna Lupardo

Earlene Hooper

multi-Sponsors

Susan John

Harvey Weisenberg

2009-A8687A - Details

2009-A8687A - Summary

2009-A8687A - Sponsor Memo

2009-A8687A - Bill Text download pdf

co-Sponsors

Mike Spano

Donna Lupardo

Earlene Hooper

N. Nick Perry

multi-Sponsors

Susan John

Harvey Weisenberg

2009-A8687B (ACTIVE) - Details

2009-A8687B (ACTIVE) - Summary

2009-A8687B (ACTIVE) - Bill Text download pdf

Comments