Amended in Senate March 29, 2016

Senate Bill No. 1260

Introduced by Senator Allen

February 18, 2016

begin delete An act to add Article 13.6 (commencing with Section 25250.70) to Chapter 6.5 of Division 20 of the Health and Safety Code, relating to hazardous materials. end delete begin insert An act to amend Section 10565 of the Water Code, relating to stormwater. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1260, as amended, Allen. begin delete Hazardous materials: motor vehicle tires: zinc. end delete begin insert Stormwater resource planning: project funding. end insert

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Existing law, the Stormwater Resources Planning Act, authorizes one or more public agencies to develop a stormwater resource plan. The act requires the State Water Resources Control Board, by July 1, 2016, to establish guidance for purposes of the act. The act requires, with certain exceptions, the development of a stormwater resource plan and compliance with the act to receive grants for stormwater and dry weather runoff capture projects from a bond act approved by the voters after January 1, 2014.

end insert begin insert

This bill, by March 1, 2017, would require the board to include as part of its guidance a list of potential funding sources available to a public agency to fund projects identified in a public agency’s stormwater resource plan.

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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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 10565 of the end insert begin insert Water Code end insert begin insert is amended to
read: end insert

10565.  

begin insert (a) end insert begin insert   end insert By July 1, 2016, the board shall establish guidance
for this part that shall include, but is not limited to, the following:

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(a)

end delete

begin insert (1) end insert  Identifying types of local agencies and nongovernmental
organizations that need to be consulted in developing a stormwater
resource plan.

begin delete

(b)

end delete

begin insert (2) end insert  Defining appropriate quantitative methods for identifying
and prioritizing opportunities for stormwater and dry weather
runoff capture projects.

begin delete

(c)

end delete

begin insert (3) end insert  Defining the appropriate geographic scale of watersheds for
stormwater resource planning.

begin delete

(d)

end delete

begin insert (4) end insert  Other guidance the board deems appropriate to achieve the
objectives of this part.

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(b) By March 1, 2017, the board shall include as part of its
guidance for this part a list of potential funding sources available
to a public agency to fund projects identified in a public agency’s
stormwater resource plan.

end insert

begin delete

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) Zinc and zinc oxides are released into the surrounding
environment and enter California’s streams, rivers, and marine
environment every year.

(b) Zinc and certain alloys of zinc are toxic to many microscopic
and other aquatic organisms.

(c) Of the numerous sources of zinc released into the
environment, the most prevalent are outdoor rubber materials and
outdoor zinc surfaces.

(d) In the course of normal motor vehicle operation, thousands
of pounds of zinc are released from motor vehicle tires.

(e) Limits on the zinc releases into the waters of the state are
essential for California cities, counties, and industries to comply
with the standards established by the federal Clean Water Act (33
U.S.C. Sec. 1251 et seq.), including the water quality standards
for zinc and the total maximum daily loads for zinc in California’s
urban watersheds.

(f) Without limits on the release of zinc into the environment,
California taxpayers face hundreds of millions of dollars in
compliance costs to meet the standards described in subdivision
(e).

(g) It is in the interest of the people of California to reduce or
eliminate the use of zinc in the formulation of motor vehicle tires.

SEC. 2.  

Article 13.6 (commencing with Section 25250.70) is
added to Chapter 6.5 of Division 20 of the Health and Safety Code,
to read:

 

Article 13.6.  Reduction of Zinc in Motor Vehicle Tires

 

25250.70.  

For purposes of this article, except as otherwise
specified, “manufacturer” means any of the following:

(a) A manufacturer or assembler of motor vehicles or motor
vehicle equipment.

(b) An importer of motor vehicles or motor vehicle equipment
for resale.

(c) A distributor or retail seller of motor vehicles.

(d) A manufacturer of onroad motor vehicle tires.

25250.71.  

Except as provided in this article, on or after January
1, ____, a manufacturer shall not sell or offer for sale onroad motor
vehicle tires, or motor vehicles with those tires, if the tires contain
more than ___ percent by weight of zinc.

25250.72.  

(a) A manufacturer may apply to the department to
delay the prohibition set forth in Section 25250.71 for a period of
one year, two years, or three years as to a specific use of its onroad
motor vehicle tires.

(b) The application shall be based on the use of onroad motor
vehicle tires and not on the rubber material formulation and shall
be accompanied by documentation that will allow the department
to determine the appropriateness of the requested delay. The
documentation shall include a scientifically sound quantitative
estimate of the amount of zinc that would be released to the
environment if the delay is granted, including a description of the
assumptions underlying the estimate.

25250.73.  

In developing new tire formulations to comply with
Section 25250.71, a manufacturer of motor vehicle tires shall
screen potential alternatives to the use of zinc, using the Toxics
Information Clearinghouse developed by the department and the
Office of Environmental Health Hazard Assessment pursuant to
Section 25256 for purposes of identifying potential impacts of the
alternatives on public health and the environment.

25250.74.  

A manufacturer who violates Section 25250.71 is
liable for a civil fine of up to ten thousand dollars ($10,000) per
violation and is not subject to any criminal penalties provided
pursuant to Article 8 (commencing with Section 25180) for that
violation.

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