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
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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.
