SB 1260, as introduced, Allen. Hazardous materials: motor vehicle tires: zinc.
Existing law prohibits a person from selling or offering for sale certain consumer products, such as motor vehicle brake friction materials and lead wheel weights, containing more than a threshold amount of hazardous materials.
This bill would, on or after January 1 of an unspecified year, prohibit manufacturers, as defined, from selling or offering for sale onroad motor vehicle tires, or motor vehicles with those tires, if the tires contain zinc in excess of an unspecified percentage by weight. The bill would authorize manufacturers to apply to the Department of Toxic Substances Control to delay the prohibition as to specific uses of its onroad motor vehicle tires. The bill would assess a civil penalty on manufacturers who violate the prohibition. The bill would require manufacturers of motor vehicle tires, in developing new tire formulations, to screen potential alternatives to the use of zinc, using the Toxics Information Clearinghouse to identify potential impacts of the alternatives on public health and the environment.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
2following:
3(a) Zinc and zinc oxides are released into the surrounding
4environment and enter California’s streams, rivers, and marine
5environment every year.
6(b) Zinc and certain alloys of zinc are toxic to many microscopic
7and other aquatic organisms.
8(c) Of the numerous sources of zinc released into the
9environment, the most prevalent are outdoor rubber materials and
10outdoor zinc surfaces.
11(d) In the course of normal motor vehicle operation, thousands
12of pounds of zinc are released from motor
vehicle tires.
13(e) Limits on the zinc releases into the waters of the state are
14essential for California cities, counties, and industries to comply
15with the standards established by the federal Clean Water Act (33
16U.S.C. Sec. 1251 et seq.), including the water quality standards
17for zinc and the total maximum daily loads for zinc in California’s
18urban watersheds.
19(f) Without limits on the release of zinc into the environment,
20California taxpayers face hundreds of millions of dollars in
21compliance costs to meet the standards described in subdivision
22(e).
23(g) It is in the interest of the people of California to reduce or
24eliminate the use of zinc in the formulation of motor vehicle tires.
Article 13.6 (commencing with Section 25250.70) is
26added to Chapter 6.5 of Division 20 of the Health and Safety Code,
27to read:
28
For purposes of this article, except as otherwise
32specified, “manufacturer” means any of the following:
33(a) A manufacturer or assembler of motor vehicles or motor
34vehicle equipment.
35(b) An importer of motor vehicles or motor vehicle equipment
36for resale.
37(c) A distributor or retail seller of motor vehicles.
38(d) A manufacturer of onroad motor vehicle tires.
Except as provided in this article, on or after January
21, ____, a manufacturer shall not sell or offer for sale onroad motor
3vehicle tires, or motor vehicles with those tires, if the tires contain
4more than ___ percent by weight of zinc.
(a) A manufacturer may apply to the department to
6delay the prohibition set forth in Section 25250.71 for a period of
7one year, two years, or three years as to a specific use of its onroad
8motor vehicle tires.
9(b) The application shall be based on the use of onroad motor
10vehicle tires and not on the rubber material formulation and shall
11be accompanied by documentation that will allow the department
12to determine the appropriateness of the requested delay. The
13documentation shall include a scientifically sound quantitative
14estimate of the amount of zinc that would be released to the
15environment if the delay is granted, including a description of the
16assumptions underlying the estimate.
In developing new tire formulations to comply with
18Section 25250.71, a manufacturer of motor vehicle tires shall
19screen potential alternatives to the use of zinc, using the Toxics
20Information Clearinghouse developed by the department and the
21Office of Environmental Health Hazard Assessment pursuant to
22Section 25256 for purposes of identifying potential impacts of the
23alternatives on public health and the environment.
A manufacturer who violates Section 25250.71 is
25liable for a civil fine of up to ten thousand dollars ($10,000) per
26violation and is not subject to any criminal penalties provided
27pursuant to Article 8 (commencing with Section 25180) for that
28violation.
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