BILL ANALYSIS
SB 757
Page 1
SENATE THIRD READING
SB 757 (Pavley)
As Amended June 23, 2009
Majority vote
SENATE VOTE :21-13
ENVIRONMENTAL SAFETY 5-1 JUDICIARY 7-3
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|Ayes:|Chesbro, Davis, Feuer, |Ayes:|Feuer, Brownley, Evans, |
| |Monning, Ruskin | |Jones, Krekorian, Lieu, |
| | | |Monning |
|-----+--------------------------+-----+--------------------------|
|Nays:|Miller |Nays:|Tran, Knight, Silva |
| | | | |
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APPROPRIATIONS 12-5
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|Ayes:|De Leon, Ammiano, |
| |Charles Calderon, Coto, |
| |Davis, |
| |Fuentes, Hall, John A. |
| |Perez, |
| |Skinner, Solorio, |
| |Torlakson, Hill |
| | |
|-----+--------------------------|
|Nays:|Conway, Harkey, Miller, |
| |Nielsen, |
| |Audra Strickland |
| | |
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SUMMARY : Prohibits a person from manufacturing, selling, or
installing a wheel weight that contains more than 0.1% lead by
weight and enacts specified civil and administrative penalties for
violations of the prohibition. Specifically, this bill :
1)Prohibits a person from manufacturing, selling, or installing a
wheel weight that contains more than 0.1% lead by weight.
2)Provides that a person who violates or threatens to violate the
lead wheel weight prohibition (prohibition) may be enjoined in any
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court of competent jurisdiction.
3)Prohibits the subjection of a person who violates the prohibition
to criminal penalties; and, provides that a person who violates
the prohibition is liable for administrative or civil penalties
not to exceed $2,500 per day for each violation.
4)Requires penalties collected for violations of this prohibition to
be deposited in the Hazardous Waste Control Account (HWCA), for
expenditure by the Department of Toxic Substance Control (DTSC),
upon appropriation by the Legislature, to implement and enforce
the prohibition.
5)Provides that if an alternative to lead contained in wheel weights
is identified as a chemical of concern, pursuant to the Green
Chemistry law, then the lead alternative shall be subject to the
prescribed evaluation process to best limit its exposure to the
public or reduce the level of hazard it poses to human health or
the environment.
6)Provides that nothing in this legislation shall prohibit or
restrict the authority of the DTSC, pursuant to the Green
Chemistry law, to take actions on a chemical or chemical
ingredient in wheel weights, including, but not limited to, an
alternative to lead.
FISCAL EFFECT : According to the Assembly Appropriations Committee,
annual costs of at least $150,000 to DTSC for personnel to
investigate complaints and conduct laboratory testing. (Hazardous
Waste Control Account (HWCA).) Potential annual penalty revenue in
the tens of thousands of dollars to DTSC. (HWCA.)
COMMENTS :
Purpose : According to the author, "In August 2008, Chrysler,
Perfect Equipment, Inc., Hennessey Industries and Plombco Inc.,
which are all the lead wheel weight manufacturers in California,
agreed to phase-out lead wheel weights in California by the end of
2009 as a result of a settlement of a Proposition 65 enforcement
lawsuit. The agreement marks the first-ever legally binding
statewide rule phasing out lead wheel weights in the United States?
SB 757 seeks to codify the 2008 lawsuit settlement as well as
further insure that lead wheel weights are not used in California?"
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Lead in wheel weights . Lead weights have been used to balance
wheels since the 1930s. In 2003, approximately 2,000 tons of lead
wheel weights were lost on the nation's roadways. Lost lead weights
accumulate along the outer curb and are rapidly ground into dust by
vehicle traffic. Lead dust can wash into storm drains, streams and
reservoirs, where it can ultimately contaminate drinking water.
Lead: a recognized hazard . 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. Medical observation and scientific
research has revealed additional toxic effects associated with lead
exposure such as adverse effects on the neurological, hematopoietic,
renal, cardiovascular and gastrointestinal systems. According to
the Center for Environmental Health, about two-thirds of the lead in
California highway runoff comes from lead wheel weights.
Proposition 65 . In 1986, California voters approved the Safe
Drinking Water and Toxic Enforcement Act of 1986, better known as
Proposition 65. Among other requirements, Proposition 65 prohibits
California businesses from knowingly discharging listed chemicals
into sources of drinking water.
California's Green Chemistry Initiative : Last year, Governor
Schwarzenegger signed AB 1879 (Feuer and Huffman, Chapter 559,
Statutes of 2008, and SB 509 (Simitian), Chapter 560, Statutes of
2008, into law, which established the base of California's Green
Chemistry program. AB 1879 required DTSC to adopt regulations by
January 1, 2011, to 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
required DTSC to establish an online, public Toxics Information
Clearinghouse that includes science-based information on the
toxicity and hazard traits of chemicals used in daily life.
Current voluntary action . The Alliance of Automobile Manufacturers
notes that the bill is unnecessary because the eleven Alliance car
manufacturers have voluntarily eliminated the use of lead wheel
weights; the US EPA has in place a voluntary program to replace lead
wheel weights after market; and the California Green Chemistry
Initiative is the appropriate way to evaluate the use of chemicals
in California. Supporters of the bill note that while domestic
manufacturers are making strides toward eliminating the use of lead,
foreign manufacturers and importers of wheel weights are not
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currently required or incentivised to do the same.
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965
FN:
0002628