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SB-962 California Global Warming Solutions Act of 2006: replacement tires.(2017-2018)

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Date Published: 03/12/2018 09:00 PM
SB962:v98#DOCUMENT

Amended  IN  Senate  March 12, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill
No. 962


Introduced by Senator Allen

January 31, 2018


An act to amend Section 9094.5 of the Elections Code, relating to elections. An act to add Part 8 (commencing with Section 38600) to Division 25.5 of the Health and Safety Code, relating to greenhouse gases.


LEGISLATIVE COUNSEL'S DIGEST


SB 962, as amended, Allen. State voter information guides. California Global Warming Solutions Act of 2006: replacement tires.
The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to approve a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020 and to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the 1990 level by 2030.
This bill would require the state board, on or before December 31, 2019, to adopt a regulation implementing a program of statewide applicability to reduce emissions of greenhouse gases resulting from the use of replacement tires, as defined, sold for use on passenger cars and light-duty trucks, as specified. The bill would authorize the state board, on or before December 31, 2019, to establish a fuel-efficient passenger vehicle tire incentive program to promote the development of the efficient tire market and the adoption of premium efficient tires in the state, as specified. The bill would require the state board to evaluate the benefits of implementing a labeling program for replacement tires sold in the state, as specified.

Existing law requires the Secretary of State to prepare and mail to voters a state voter information guide and to make available the complete contents of the guide over the Internet. Existing law also requires the Secretary of State to establish processes to allow a voter to opt out of receiving the state voter information guide by mail and, instead, to either receive the guide in an electronic format or receive an electronic notification making the guide available by means of online access. Existing law also requires the Secretary of State to establish a procedure to permit a voter who has opted out of receiving the voter information guide by mail to again begin receiving the voter information guide by mail.

This bill would require the Secretary of State to post this opt-in procedure for receiving the guide by mail on his or her Internet web site.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) The State Air Resources Board has determined, as part of the original scoping plan, that greenhouse gas (GHG) standards for passenger vehicle replacement tires are cost-effective and technically feasible.
(b) Numerous other studies, including a study by the National Academy of Sciences, also show that passenger vehicle replacement tires achieving GHG reductions are cost-effective and technically feasible.
(c) Passenger vehicle replacement tire GHG standards and programs have been implemented to achieve major GHG and consumer cost savings in many countries in Europe and Asia.
(d) Canada has announced it will implement a minimum energy efficiency standard for passenger car replacement tires as part of the Pan Canadian Framework for Clean Growth and Climate Change.
(e) The State Air Resources Board has adopted and implemented GHG standards for heavy duty vehicle tires, but no similar program exists for passenger vehicle tires.
(f) Older vehicles using replacement tires disproportionately impact disadvantaged communities.
(g) A South Coast Air Quality Management District sponsored study found the potential for 3.9% improvement in air quality, GHG, and fuel costs for vehicles participating in an incentive program.
(h) GHG standards for passenger vehicle replacement tires will also increase the electric range of plug-in electric vehicles by increasing efficiency of those vehicles when operating on replacement tires.

SEC. 2.

 Part 8 (commencing with Section 38600) is added to Division 25.5 of the Health and Safety Code, to read:

PART 8. Replacement Tires

38600.
 For purposes of this part, the following terms have the following meanings:
(a) “Commission” means the State Energy Resources Conservation and Development Commission.
(b) “Cost effective” means the cost savings to the consumer resulting from replacement tire standards equals or exceeds the additional cost to the consumer resulting from the standards, taking into account the expected fuel cost savings over the expected life of the replacement tire.
(c) “Department” means the Department of Resources Recycling and Recovery.
(d) “European Union Stage II standards” means the Stage II limits contained in European Regulation 661/2009, as it read on January 1, 2018.
(e) “Replacement tire” means a tire sold in the state that is designed to replace a tire sold with a new passenger car or light-duty truck. “Replacement tire” does not include any of the following tires:
(1) A tire or group of tires with the same stock-keeping unit, plant, and year for which the volume of tires produced or imported into the United States is less than 15,000 annually.
(2) A deep-tread, winter-type snow tire, a space-saver tire, or a temporary use spare tire.
(3) A tire with a nominal rim diameter of 12 inches or less.
(4) A motorcycle tire.
(5) A tire manufactured specifically for use in an off-road motorized recreational vehicle.

38601.
 On or before December 31, 2019, the state board, after appropriate notice and workshops, shall adopt a regulation implementing a program of statewide applicability to reduce emissions of greenhouse gases resulting from the use of replacement tires sold for use on passenger cars and light-duty trucks. The state board shall do all of the following:
(a) (1) Adopt standards no less strict than European Union Stage II standards for rolling resistance and wet grip index. The state board also shall consider any national standards that have been adopted in Canada or the United States.
(2) The state board may adopt standards that differ from the European Union Stage II standards as long as the state standards achieve equivalent or greater greenhouse gas emissions reductions and wet grip traction and are cost-effective.
(b) Seek to maximize consumer cost savings and greenhouse gas emissions reductions while avoiding or minimizing any potential for adverse impacts on the average life of replacement tires and state efforts to manage scrap tires pursuant to the California Tire Recycling Act (Chapter 17 (commencing with Section 42860) of Part 3 of Division 30 of the Public Resources Code).
(c) Consult with the department prior to proposing any greenhouse gas emissions standard. The state board also shall consult with the commission if the commission has issued any energy efficiency standards under Chapter 8.7 (commencing with Section 25770) of Division 15 of the Public Resources Code prior to the issuance of standards by the state board.
(d) Review relevant federal standards and evaluate opportunities to harmonize with existing requirements, including, but not limited to, the ISO 28580 rolling resistance test method established by the National Highway Traffic Safety Administration under the Energy Independence and Security Act of 2007 (42 U.S.C. Sec. 17001 et seq.).
(e) Make reasonable efforts to estimate the fuel cost savings for consumers and increased range for plug-in electric vehicles that result from the standards.
(f) Apply the standards adopted pursuant to this section to all replacement tires manufactured 12 months after the effective date of the standards taking effect.
(g) Authorize, if the commission finds that tires used to equip an authorized emergency vehicle, as defined in Section 165 of the Vehicle Code, are unable to meet the standards adopted pursuant to this section, an operator or operators of an authorized emergency vehicle fleet to purchase for those vehicles tires that do not meet the standards.
(h) Review and revise the standards as necessary and in consultation with the commission and the department. The state board shall not revise the standards in a way that results in increased emissions of greenhouse gases.
(i) Determine an appropriate compliance mechanism, including, but not limited to, testing, reporting, and consideration of a passenger vehicle tire database that designates compliant products.

38602.
 On or before December 31, 2019, the state board may establish a fuel-efficient passenger vehicle tire incentive program to promote the development of the efficient tire market and the adoption of premium efficient tires in the state. The state board shall do all of the following:
(a) Consider various applicable funding sources, including, but not limited to, the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, and federal, regional, and local government funding sources
(b) Establish a pilot program to identify major market barriers to the adoption of highly efficient tires and effective intervention mechanisms followed by the evaluation of and potential implementation of a full-scale market transformation program in the state.
(c) Address strategies to maximize potential benefits, including, but not limited to, the mitigation of air emissions in disadvantaged communities.
(d) Review rating systems in the European Union, Japan, and South Korea as a possible source of test methods and performance benchmarks for products that exceed minimum standards.
(e) Consider benchmarks related to wet grip traction and waste tire disposal, such as warranties.
(f) Determine an appropriate method for manufacturer certification as well as the verification of manufacturer certifications, including, but not limited to, a potential independent product rating organization.
(g) Consider opportunities to coordinate with existing incentive programs, including, but not limited to, the enhanced fleet modernization program (Article 11 (commencing with Section 44125) of Chapter 5 of Part 5 of Division 26).
(h) Require the program adopted pursuant to this section to have an effective date of no later than December 31, 2020.

38603.
 The state board shall evaluate the benefits of implementing a labeling program for replacement tires sold in the state with the intent of the Legislature being that the potential labeling program provide additional greenhouse gas emissions reductions, wet grip benefits, and fuel savings benefits. The state board shall do all of the following:
(a) Consider the effectiveness of other labeling programs internationally.
(b) Evaluate whether any federal labeling program that has been adopted provides sufficient benefits without the need for a separate state program, and to consider any actions that could help promote the effectiveness of the federal system in the state.
(c) Make consistent, for test methods used for any tire labeling program adopted by the state board, with the test methods used for mandatory minimum standards established by the state board. The state board shall consider selecting an independent organization to implement and publish these ratings.

SECTION 1.Section 9094.5 of the Elections Code is amended to read:
9094.5.

(a)The Secretary of State shall establish processes to enable a voter to do both of the following:

(1)Opt out of receiving by mail the state voter information guide prepared pursuant to Section 9081.

(2)When the state voter information guide is available, receive either the state voter information guide in an electronic format or an electronic notification making the guide available by means of online access. The electronic version of the state voter information guide shall include an active hyperlink for each cited Uniform Resource Locator.

(b)The processes described in subdivision (a) do not apply where two or more registered voters have the same postal address unless each voter who shares the same postal address has chosen to discontinue receiving the state voter information guide by mail.

(c)(1)The Secretary of State shall also establish a procedure to permit a voter to begin receiving the state voter information guide by mail again after the voter has discontinued receiving it pursuant to subdivision (a).

(2)The Secretary of State shall post the procedure described in paragraph (1) on his or her Internet web site.