Bill S8020-2009

Prohibits the sale and use of wheel weights containing lead

Prohibits the sale and use of wheel weights containing lead intentionally added during manufacturing.

Details

Actions

  • Jun 30, 2010: SUBSTITUTED BY A8687B
  • Jun 30, 2010: ORDERED TO THIRD READING CAL.1392
  • Jun 14, 2010: REPORTED AND COMMITTED TO RULES
  • Jun 1, 2010: REFERRED TO ENVIRONMENTAL CONSERVATION

Votes

VOTE: COMMITTEE VOTE: - Environmental Conservation - Jun 14, 2010
Ayes (12): Thompson, Oppenheimer, Schneiderman, Parker, Serrano, Perkins, Stewart-Cousins, Foley, Marcellino, Leibell, Young, Padavan
Ayes W/R (2): Johnson O, Little
VOTE: COMMITTEE VOTE: - Rules - Jun 30, 2010
Ayes (18): Smith, Espada, Montgomery, Duane, Hassell-Thompson, Krueger, Parker, Serrano, Stewart-Cousins, Dilan, Klein, Skelos, Padavan, Farley, LaValle, Hannon, Larkin, Saland
Ayes W/R (4): Stachowski, Valesky, Johnson O, Seward
Nays (1): Volker

Memo

BILL NUMBER:S8020

TITLE OF BILL: An act to amend the environmental conservation law, in relation to prohibiting the sale and use of wheel weights containing lead

PURPOSE OR GENERAL IDEA OF BILL: This bill will prohibit the sale and use of wheel weights containing lead.

SUMMARY OF SPECIFIC PROVISIONS: Section one amends the environmental conservation law by adding a new section 37-0113. This section prohibits the use or sale of lead wheel weights or vehicles equipped with such weights after April 1, 2011. It also defines "new motor vehicle", and "person."

Section two sets out the effective date.

JUSTIFICATION: Wheel weights are used in cars and trucks to keep the wheels balanced. If wheels are unbalanced, they vibrate and this can make the cars harder to handle as well as increase tire wear. The majority of wheel weights currently in use are clip ons that are attached at the edge of a wheel's rim. An average vehicle contains ten wheel weights (two on each of the four wheels and two more on the spare).

Most wheel weights are made up of 95 percent lead. Approximately 50 million pounds per year of lead is used worldwide in the manufacture of wheel weights. An average of 4.5 ounces of lead is clipped to the wheel rims of every car in the U.S. This amounts to 10-12.5% of vehicle lead use, excluding the lead-acid battery.

Many wheel weights are lost on the streets when cars hit curbs, potholes or barriers. It is estimated that about 13% of all wheel weights fall off a car while it is in motion. This results in the loss of about 1.6 million pounds of lead onto roads or in parking lots. When the weights fall off, they are pulverized by other cars and trucks which results in the spread of lead dust throughout the environment, including leaching into rain runoff and soil.

Dr. Robert A. Root (Environmental Health Perspectives, Volume 108, Number 10. October 2000) has published a study documenting the rates at which lead weights fall off their host vehicles and are gradually abraded into lead dust. This study established that lead wheel weights are "a major source of lead exposure that heretofore has not been recognized." This is problematic since lead is extremely toxic and has been linked to

brain damage and other developmental and behavioral problems, especially in children.

Some tire dealers are already phasing out lead wheel weights and laws banning them have been enacted in California, Maine, Vermont and Washington. Many lead-free weights are produced in the U.S. and are made of substances such as zinc and steel alloy. Asian and European car makers have used lead alternatives for a number of years. Efforts have also been made to collect and recycle lead wheel weights at the end of a vehicle's life and about 75% are successfully recycled; 25% of the wheel weights remain at large in the environment, however.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 8020 IN SENATE June 1, 2010 ___________
Introduced by Sen. PERKINS -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to prohibiting the sale and use of wheel weights containing lead THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The environmental conservation law is amended by adding a new section 37-0113 to read as follows: S 37-0113. LEAD WHEEL WEIGHT; PROHIBITED. 1. ON AND AFTER APRIL FIRST, TWO THOUSAND ELEVEN ANY PERSON REPLACING OR BALANCING A TIRE ON A MOTOR VEHICLE REQUIRED TO BE REGISTERED UNDER ARTICLE FOURTEEN OF TITLE FOUR OF THE VEHICLE AND TRAFFIC LAW, SHALL NOT USE A WHEEL WEIGHT OR OTHER PRODUCT FOR BALANCING MOTOR VEHICLE WHEELS IF THE WEIGHT OR OTHER BALANCING PRODUCT CONTAINS MORE THAN 0.1 PERCENT LEAD BY WEIGHT. 2. ON AND AFTER APRIL FIRST, TWO THOUSAND ELEVEN, A PERSON SHALL NOT SELL OR OFFER TO SELL OR DISTRIBUTE WEIGHTS OR OTHER PRODUCTS FOR BALANCING MOTOR VEHICLE WHEELS IF THE WEIGHT OR OTHER BALANCING PRODUCT CONTAINS MORE THAN 0.1 PERCENT LEAD BY WEIGHT. 3. ON AND AFTER APRIL FIRST, TWO THOUSAND TWELVE, A PERSON MAY NOT SELL A NEW MOTOR VEHICLE THAT IS EQUIPPED WITH A WEIGHT OR OTHER PRODUCT FOR BALANCING MOTOR VEHICLE WHEELS IF THE WEIGHT OR OTHER BALANCING PRODUCT CONTAINS MORE THAN 0.1 PERCENT LEAD BY WEIGHT. 4. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: A. "NEW MOTOR VEHICLE" MEANS A MOTOR VEHICLE THAT IS REQUIRED TO BE REGISTERED UNDER ARTICLE FOURTEEN OF TITLE FOUR OF THE VEHICLE AND TRAF- FIC LAW THAT HAS NOT BEEN PREVIOUSLY SOLD TO ANY PERSON EXCEPT A DISTRIBUTOR, WHOLESALER OR MOTOR VEHICLE DEALER FOR RESALE. B. "PERSON" MEANS ANY INDIVIDUAL, FIRM, ASSOCIATION, PARTNERSHIP, CORPORATION, ORGANIZATION, OR JOINT VENTURE. S 2. This act shall take effect immediately.

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