BILL ANALYSIS
SB 757
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Date of Hearing: July 8, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
SB 757 (Pavley) - As Amended: June 23, 2009
Policy Committee: Environmental
Safety Vote: 5-1
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill bans lead wheel weights from California.
Specifically, this bill:
1)Prohibits the manufacture, sale, or installation of a wheel
weight in California that contains more than 0.1 percent lead
by weight.
2)Makes violation of this prohibition a civil offense punishable
by a fine of up to $2,500 for each day of violation, depending
on specified circumstances.
3)Specifies that any lead alternative used in wheel weights that
is identified as a chemical of concern is subject to
evaluation to limit its exposure, per existing law.
FISCAL EFFECT
1)Annual costs of at least $150,000 to the Department of Toxic
Substances Control (DTSC) for personnel to investigate
complaints and conduct laboratory testing. (Hazardous Waste
Control Account (HWCA).)
2)Potential annual penalty revenue in the tens of thousands of
dollars to DTSC. (HWCA.)
COMMENTS
1)Rationale . The author expresses concern over the amount of
toxic lead that accumulates in the environment as a result of
wheel weights thrown off by moving vehicles. The author
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contends this bill will promote the use of lead alternatives,
even among wheel weight manufacturers not participating in the
voluntary phase out of this toxic material.
2)Background .
a) Proposition 65. In 1986, California voters approved the
Safe Drinking Water and Toxic Enforcement Act of 1986,
better known as Proposition 65. The proposition requires
the state to publish a list of chemicals known to cause
cancer or birth defects or other reproductive harm. This
list, which must be updated at least once a year, has grown
to include approximately 775 chemicals since it was first
published in 1987.
Proposition 65 also requires businesses to notify consumers
of significant amounts of chemicals in their products, used
in the home or workplaces, or released into the
environment. Proposition 65 also prohibits California
businesses from knowingly discharging significant amounts
of listed chemicals into sources of drinking water.
b) Lead Is Toxic and Carcinogenic. Lead is a well-known
toxic material that resists deterioration and, therefore,
remains in the environment for a long time. Even in small
amounts, lead can cause brain damage and nervous system
disorders. For these reasons, California regulates and, in
some instances, bans the use of lead in consumer products.
For example, lead has been listed under California's
Proposition 65 since 1987 as a substance that can cause
reproductive damage and birth defects and has been on the
list of chemicals known to cause cancer since 1992. And
California law generally prohibits lead-containing jewelry.
c) Until Recently, Lead Was the Leading Wheel Weight.
Traditionally, lead was the primary material used to make
wheel weights to balance automobile tires. More recently,
many car makers and servicers have agreed to voluntarily
reduce the use of lead wheel weights, weighting their
wheels instead with steel and zinc. Nonetheless, the U.S.
Geological Survey estimates that about 2,000 tons of lead
wheel weights fall from cars and trucks in the U.S. each
year. These weights are ground down by vehicle traffic.
Eventually, the resulting lead powder is washed down storm
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drains.
d) Litigation Led to Phase Out of Lead . As part of a
settlement to recent litigation brought under Proposition
65, the four leading producers of lead wheel weights in
California agreed to phase out use of lead wheel weights in
the state by the close of 2009. The settlement, however,
does not apply to wheel weight makers not party to the
lawsuit.
e) Green Chemistry Initiative . In 2007, DTSC commenced
development of the Green Chemistry Initiative for
identification of "chemicals of concern" and measures to
limit the hazard these chemicals pose to human health and
the environment. Last year, the Governor signed AB 1879
(Feuer and Huffman, Chapter 559, Statutes of 2008) and SB
509 (Simitian, Chapter 560, Statutes of 2008), which,
together, enacted two of DTSC's six recommendations for a
comprehensive Green Chemistry program. AB 1879 requires
DTSC to adopt regulations by January 1, 2011, that identify
and prioritize chemicals of concern, to evaluate
alternatives, and to specify regulatory responses where
chemicals of concern are found in consumer products. SB
509 requires DTSC to establish an online, public Toxics
Information Clearinghouse that includes science-based
information on the toxicity and hazard traits of commonly
used chemicals. Wheel weights-lead or otherwise-could be
considered under the Green Chemistry program.
3)Supporters , including several leading environmental
organizations, claim that the prohibition on lead wheel
weights proposed by this bill is needed to bring balance to
the California wheel weight market. These proponents contend
that wheel weight makers not subject to the recent settlement
could still sell their toxic products in the state, absent the
lead wheel weight ban.
There is no opposition registered against this bill.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081