BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 757|
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THIRD READING
Bill No: SB 757
Author: Pavley (D)
Amended: 4/30/09
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 5-2, 4/20/09
AYES: Simitian, Corbett, Hancock, Lowenthal, Pavley
NOES: Runner, Ashburn
SENATE JUDICIARY COMMITTEE : 4-1, 4/28/09
AYES: Corbett, Harman, Florez, Leno
NOES: Walters
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Lead wheel weights
SOURCE : Center for Environmental Health
Clean Water Action
DIGEST : This bill prohibits the manufacture, sale, or
installation in California of wheel weights that contain
more than 0.1 percent lead.
This bill provides that any person who violates that
prohibition shall be liable for an administrative or civil
penalty, as specified, and may be enjoined by a court.
ANALYSIS :
CONTINUED
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Existing Law
1.Pursuant to several Health and Safety code statutes, bans
or regulates lead content in a variety of consumer
products, such as candy, toys, tableware, packaging,
plumbing, and glass beverage bottles.
2.Pursuant to The Safe Drinking Water and Toxic Enforcement
Act of 1986, commonly referred to as Proposition 65,
prohibits a person, in the course of doing business, from
knowingly and intentionally expose people to a chemical
known to the state to cause cancer or reproductive
toxicity without first giving clear and reasonable
warning. Requires the Governor to publish a list of
chemicals "known to the State of California" to cause
cancer, birth defects or other reproductive harm.
Provides that no person shall knowingly discharge or
release those same chemicals into any source of drinking
water. Allows for specified exemptions such as when the
exposure or discharge would not pose a significant risk
of cancer, or, for chemicals that cause reproductive
toxicity, would have not observable effect at 1,000 times
the level in question.
3.Requires the Department of Toxic Substance Control
(DTSC), by January 1, 2011, to adopt regulations to
establish a process to identify and prioritize chemicals
or chemical ingredients in consumer products that may be
considered a "chemical of concern," in accordance with a
review process, as specified.
4.Requires DTSC, on or before January 1, 2011, to adopt
regulations to establish a process to evaluate chemicals
of concern, and their potential alternatives, in consumer
products in order to determine how best to list exposure
or to reduce the level of hazard posed by a chemical of
concern, as specified.
This bill:
1.Prohibits the manufacture, sale, or installation in
California of wheel weights that contain more than 0.1%
lead.
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2.Authorizes a court to enjoin a person who violates or
threatens to violate this prohibition.
3.Authorizes administrative and civil penalties for
violation of this prohibition:
A. Provides that a person who violates this
prohibition is subject to administrative or civil
penalties not to exceed $2,500/day for each
violation.
B. Requires a variety of factors to be considered in
determining penalties such as the nature, extent, and
willfulness of the violation, and deterrent effect of
the penalty on the violator and regulated community
as a whole.
C. Requires penalties to be deposited in the
Hazardous Waste Control Account for the DTSC to
implement and enforce this prohibition.
Comments
According to the author's office, "Research is increasingly
showing that lead wheel weights falling off cars and trucks
are a major, unregulated source of lead pollution in
drinking water, which poses potential risks to human and
environmental health. When lead weights fall from vehicles
onto roadways, they are often abraded by traffic. The lead
dust can wash into storm drains, streams and reservoirs,
including those which are sources of drinking water.
According to the U.S. Geological Survey, about 2,000 tons
of these weights fall from vehicles every year and onto
roadways. California's share of this source of lead
pollution is about half a million pounds. Moreover, aside
from the public health reasons, banning lead in wheel
weights is a viable option for industry. Already all of
California's wheel weight manufacturers are phasing out
lead wheel weights and are instead producing wheel weights
with safer metals, such as steel. Many other companies,
such as General Motors, Ford, Chrysler, Toyota, Costco,
Bridgestone Firestone, and Wal-Mart are joining the
currently voluntary effort. This bill codifies existing
practice and would further insure that lead does not make
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its way back into wheel weights in the state."
Effects of Lead on Public Health . The United States
Environmental Protection Agency (US EPA) considers lead and
lead compounds "persistent bioaccumulative toxic" chemicals
because of their toxicity, presence in the environment for
long period of time, not readily destroyable, and ability
to accumulate in body tissue. Lead exposure can be linked
to lower intelligence, behavior problems, nervous system
disorders, cancer, strokes, high blood pressure, kidney
problems, anemia, cavities, and delayed puberty. Lead is
especially harmful to young children and developing
fetuses.
Effects of Lead on the Environment . Although lead is a
mineral that naturally occurs in soil, according to
co-sponsor, Center for Environmental Health's (CEH) report,
Clean Highways and Water: An End to Lead Wheel Balancing
Weights in California (August 2008), the levels of lead in
the environment are approximately 1,000 times more than
what they were a few hundred years ago. It is an aquatic
contaminant and harmful to aquatic animals including fish
and water fowl. In addition, it is also damaging to plans,
reducing growth and photosynthesis.
Lead Wheel Weights . Wheel weights are clipped to the rims
of automobiles to balance the ties and can loosen and fall
off. They are either washed into storm sewers and end up
in waterways or gathered during street cleaning and placed
in municipal landfills. These weights are susceptible to
atmospheric corrosion. According to CEH's report, lead
wheel weights are typically made of a mixture of 95 percent
lead and five percent antimony, another metal. Currently,
there are no regulatory controls governing the use of lead
wheel weights.
Private and Public Actions on Lead Wheel Weights
Private Action . In August 2008, as part of a legal
settlement of a Proposition 65 enforcement action brought
by CEH, Chrysler and the three largest wheel weight
manufacturers, Perfect Equipment, Inc., Hennessy
Industries, Inc., and Plombo, Inc., agreed to the phase-out
of lead wheel weights in California by the end of 2009.
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The author and sponsors seek to codify this agreement
through this bill.
Other States . This year, Washington and Maine have
introduced legislation to ban lead wheel weights and
require that existing lead wheel weights be recycled.
Federal Administration . To encourage the transition away
from the use of lead wheel weights, the US EPA has created
the national Lead Free Wheel Weight Initiative which is a
voluntary effort.
Other Countries . In 2005, the European Union banned lead
wheel weights while Japan and Korea are phasing them out.
Alternatives to Lead Wheel Weights . This bill creates a
prohibition on lead in wheel weights, but does not address
the issue of alternatives to lead for this purpose.
Currently, wheel weights can be produced with other
materials such as steel and zinc.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/12/09)
Center for Environmental health (co-source)
Clean Water Action (co-source)
American Federation of State, County and Municipal
Employees, AFL-CIO
California State PTA
Consumers Union
Perfect Equipment, Inc.
Planning and Conservation League
Sierra Club
Worksafe
TSM:cm 5/13/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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