PETITION OF:

                Be it enacted by the Senate and House of Representatives in General Court assembled, and by the

authority of the same, as follows:

            CHAPTER 21L SECTION 1: Definitions

            For the purposes of this chapter, the following terms have the following meanings:

             (a) “Department” means the department of environmental protection

             (b) "Consumer information requirement" means point-of-sale information or signs that are conspicuously displayed, readily accessible, and written in a manner that can be easily understood by the consumer. "Consumer information requirement" does not include mandatory labeling, imprinting, or other marking, on an individual tire by the tire manufacturer or the tire retailer.

            (c) "Cost effective" means the cost savings to the consumer resulting from a replacement tire subject to an energy efficiency standard that equals or exceeds the additional cost to the consumer resulting from the standard, taking into account the expected fuel cost savings over the expected life of the replacement tire.

            (d) "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 SKU, plant, and year, for which the volume of tires produced or imported 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.



            CHAPTER 21L SECTION 2: Rating Energy Efficiency of Replacement Tires

            On or before July 1, 2008, the department shall develop and adopt all of the following:

             (a) A database of the energy efficiency of a representative sample of replacement tires sold in the state, based on test procedures adopted by the department.

             (b) Based on the data collected pursuant to subdivision (a), a rating system for the energy efficiency of replacement tires sold in the state that will enable consumers to make more informed decisions when purchasing tires for their vehicles.

             (c) Based on the test procedures adopted pursuant to subdivision (a) and the rating system established pursuant to subdivision (b), requirements for tire manufacturers to report to the department the energy efficiency of replacement tires sold in the state.

            (d) If another state has created identical programs, the department may work with that state to adopt those programs for Massachusetts.



            CHAPTER 21L SECTION 3: Replacement Tires Energy Efficiency Program

            On or before July 1, 2010, the department shall, after appropriate notice and workshops, adopt and, on or before July 1, 2011, implement, a tire energy efficiency program of statewide applicability for replacement tires, designed to ensure that all replacement tires sold in the state are at least as energy efficient as tires sold in the state as original equipment on new passenger cars and light-duty trucks.



            CHAPTER 21L SECTION 4: Replacement Tires Energy Efficiency Parameters and Review

            (a) The program described in Section 3 shall include all of the following:

(1) The development and adoption of minimum energy efficiency standards for replacement tires, except to the extent that the department determines that it is unable to do so in a manner that complies with subparagraphs (A) to (D), inclusive. Energy efficiency standards adopted pursuant to this paragraph shall meet all of the following conditions:

            (A) Be technically feasible and cost effective.

            (B) Not adversely affect tire safety.

            (C) Not adversely affect the average tire life of replacement tires.

                       (D) Not adversely affect the management of scrap ties in the Commonwealth.

(2) The development and adoption of consumer information requirements for replacement tires for which standards have been adopted pursuant to paragraph (1).

             (b) The energy efficiency standards established pursuant to paragraph (1) of subdivision (a) shall be based on the results of laboratory testing and, to the extent it is available and deemed appropriate by the department, an on road fleet testing program developed by tire manufacturers in consultation with the department, conducted by tire manufacturers, and submitted to the department on or before January 1, 2009.

             (c) If the department finds that tires used to equip an authorized emergency vehicle, are unable to meet the standards established pursuant to paragraph (1) of subdivision (a), the department shall authorize an operator of an authorized emergency vehicle fleet to purchase for those vehicles tires that do not meet those standards.

            (d) The department shall review and revise the program, including any standards adopted pursuant to the program, as necessary, but not less than once every three years. The department may not revise the program or standards in a way that reduces the average efficiency of replacement tires.