Senate Bill S1207

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

                                  1207

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 27, 2009
                               ___________

Introduced  by Sens. THOMPSON, ONORATO, PARKER -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Trans-
  portation

AN  ACT  to  amend the transportation law, in relation to establishing a
  replacement tires energy efficiency program  for  passenger  cars  and
  light-duty trucks

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

  Section 1. Legislative intent.  1. 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.
  2. It is the intent of the legislature to provide the statutory frame-
work to ensure that consumers are informed that  replacement  tires  are
available in New York that are at least as energy efficient, on average,
as original-equipment tires.
  3.  It  is  further the intent of the legislature that the replacement
tires energy efficiency program set forth in this act not  increase  the
amount  of  scrap tires generated within New York, nor negatively impact
state efforts to manage scrap tires.
  S 2. The transportation law is amended by adding a new article 19-A to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04770-01-9

              

S. 1207                             2

                               ARTICLE 19-A
               REPLACEMENT TIRES ENERGY EFFICIENCY PROGRAM
SECTION 442. DEFINITIONS.
        443. RATING ENERGY EFFICIENCY OF REPLACEMENT TIRES.
        444. REPLACEMENT TIRES ENERGY EFFICIENCY PROGRAM.
        445. REPLACEMENT TIRES ENERGY EFFICIENCY PARAMETERS AND REVIEW.
        446. RULES AND REGULATIONS.
  S  442.  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  443.  RATING  ENERGY  EFFICIENCY OF REPLACEMENT TIRES. ON OR BEFORE
JULY FIRST, TWO THOUSAND ELEVEN, THE DEPARTMENT SHALL DEVELOP AND  ADOPT
ALL OF THE FOLLOWING:
  1.  A  DATABASE OF THE ENERGY EFFICIENCY OF A REPRESENTATIVE SAMPLE OF
REPLACEMENT TIRES SOLD IN THE STATE, BASED ON TEST PROCEDURES ADOPTED BY
THE DEPARTMENT.
  2. BASED ON THE DATA COLLECTED PURSUANT TO  SUBDIVISION  ONE  OF  THIS
SECTION,  A RATING SYSTEM FOR THE ENERGY EFFICIENCY OF REPLACEMENT TIRES
SOLD IN THE STATE THAT WILL ENABLE CONSUMERS TO MAKE MORE INFORMED DECI-
SIONS WHEN PURCHASING TIRES FOR THEIR VEHICLES.
  3. BASED ON THE TEST PROCEDURES ADOPTED PURSUANT TO SUBDIVISION ONE OF
THIS SECTION AND THE RATING SYSTEM ESTABLISHED PURSUANT  TO  SUBDIVISION
TWO  OF  THIS  SECTION, REQUIREMENTS FOR TIRE MANUFACTURERS TO REPORT TO
THE DEPARTMENT THE ENERGY EFFICIENCY OF REPLACEMENT TIRES  SOLD  IN  THE
STATE.
  4. IF ANOTHER STATE HAS ESTABLISHED A SUBSTANTIALLY SIMILAR PROGRAM TO
THE  PROGRAM  SET  FORTH IN THIS ARTICLE, THE DEPARTMENT SHALL WORK WITH
SUCH STATE OR STATES TO ADOPT SUCH A PROGRAM FOR THIS STATE.
  S 444. REPLACEMENT TIRES ENERGY EFFICIENCY PROGRAM. ON OR BEFORE  JULY
FIRST,  TWO  THOUSAND  ELEVEN,  THE  DEPARTMENT SHALL, AFTER APPROPRIATE
NOTICE AND WORKSHOPS, ADOPT AND, ON OR BEFORE JULY FIRST,  TWO  THOUSAND
TWELVE,  IMPLEMENT,  A  REPLACEMENT  TIRES  ENERGY EFFICIENCY PROGRAM OF
STATEWIDE APPLICABILITY FOR REPLACEMENT TIRES, DESIGNED TO  ENSURE  THAT
CONSUMERS ARE INFORMED THAT REPLACEMENT TIRES THAT ARE AT LEAST AS ENER-

S. 1207                             3

GY  EFFICIENT AS THE ORIGINAL TIRES ON NEW PASSENGER CARS AND LIGHT-DUTY
TRUCKS ARE AVAILABLE.
  S  445.  REPLACEMENT TIRES ENERGY EFFICIENCY PARAMETERS AND REVIEW. 1.
FOR CUSTOMER INFORMATION, THE PROGRAM DESCRIBED IN SECTION FOUR  HUNDRED
FORTY-FOUR OF THIS ARTICLE SHALL INCLUDE ALL OF THE FOLLOWING:
  A. THE DEVELOPMENT AND ADOPTION OF MINIMUM ENERGY EFFICIENCY STANDARDS
FOR  REPLACEMENT  TIRES, EXCEPT TO THE EXTENT THAT THE DEPARTMENT DETER-
MINES THAT IT IS UNABLE TO DO SO IN A MANNER THAT COMPLIES WITH SUBPARA-
GRAPHS (I) THROUGH (IV) OF THIS PARAGRAPH. ENERGY  EFFICIENCY  STANDARDS
ADOPTED  PURSUANT  TO  THIS  PARAGRAPH  SHALL  MEET ALL OF THE FOLLOWING
CONDITIONS:
  (I) BE TECHNICALLY FEASIBLE AND COST EFFECTIVE.
  (II) NOT ADVERSELY AFFECT TIRE SAFETY.
  (III) NOT ADVERSELY AFFECT THE AVERAGE TIRE LIFE OF REPLACEMENT TIRES.
  (IV) NOT ADVERSELY AFFECT THE MANAGEMENT OF SCRAP TIRES IN THE STATE.
  B. THE DEVELOPMENT AND ADOPTION OF CONSUMER  INFORMATION  REQUIREMENTS
FOR  REPLACEMENT TIRES FOR WHICH STANDARDS HAVE BEEN ADOPTED PURSUANT TO
PARAGRAPH A OF THIS SUBDIVISION.
  2. THE ENERGY EFFICIENCY STANDARDS ESTABLISHED PURSUANT TO PARAGRAPH A
OF SUBDIVISION ONE OF THIS SECTION SHALL BE  BASED  ON  THE  RESULTS  OF
LABORATORY  TESTING AND, TO THE EXTENT IT IS AVAILABLE AND DEEMED APPRO-
PRIATE BY THE DEPARTMENT, ON A ROAD FLEET TESTING PROGRAM  DEVELOPED  BY
TIRE  MANUFACTURERS  IN  CONSULTATION  WITH THE DEPARTMENT, CONDUCTED BY
TIRE MANUFACTURERS, AND SUBMITTED TO THE DEPARTMENT ON OR BEFORE JANUARY
FIRST, TWO THOUSAND TEN.
  3. THE DEPARTMENT SHALL REVIEW AND REVISE THE PROGRAM,  INCLUDING  ANY
STANDARDS  ADOPTED  PURSUANT  TO THE PROGRAM, AS NECESSARY, BUT NOT LESS
THAN ONCE EVERY THREE YEARS. THE DEPARTMENT MAY NOT REVISE  THE  PROGRAM
OR STANDARDS IN A WAY THAT REDUCES THE AVERAGE EFFICIENCY OF REPLACEMENT
TIRES.
  S  446. RULES AND REGULATIONS. THE DEPARTMENT IS HEREBY AUTHORIZED AND
DIRECTED TO PROMULGATE RULES AND REGULATIONS NECESSARY FOR THE IMPLEMEN-
TATION OF THIS ARTICLE.
  S 3. This act shall take effect immediately.