BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 435
                                                                  Page  1

          Date of Hearing:  June 28, 2010

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                               Bonnie Lowenthal, Chair
                     SB 435 (Pavley) - As Amended:  June 30, 2010

           SENATE VOTE  :  Not relevant
           
          SUBJECT  :  Motorcycle exhaust system federal noise labels.  

           SUMMARY  :  Makes it a crime for a person to park, use, or operate  
          a motorcycle, registered in the state that is manufactured on  
          and after January 1, 2011, that does not have a federal U.S.  
          Environmental Protection Agency (EPA) noise emission control  
          label.  Specifically,  this bill  :  

          1)Requires that a registered motorcycle manufactured on and  
            after January 1, 2011, and operating within the state, have a  
            federal U.S. EPA noise emission label.  

          2)Establishes that a violation of the labeling requirement is a  
            mechanical violation and a peace officer is prohibited from  
            stopping a motorcycle solely on a suspicion of a violation of  
            this labeling requirement.  Requires a peace officer to cite a  
            violation of this law as a secondary infraction.  

          3)Requires that a person issued a notice to appear or to whom a  
            complaint is filed, to produce a proof of correction.  

          4)Authorizes the court to dismiss the penalty imposed on a first  
            violation upon correction of the violation.  

          5)Establishes a violation of this law as punishable by the same  
            fine that is currently established pursuant to the equipment  
            anti-tampering law.  

           EXISTING LAW  :  

          1)Known as California's anti-tampering law, prohibits the  
            installation, sale, offer for sale, or advertisement of any  
            device, apparatus, or mechanism intended for use with, or as a  
            part of,  any required motor vehicle pollution control device  
            or system that alters or modifies the original design or  
            performance of the motor vehicle pollution control device or  
            system.  








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          2)Subsequent to the purchase of a motor vehicle (including a  
            motorcycle), establishes an exemption by the California Air  
            Resources Board (ARB) if an alteration, modification, or  
            modifying device, apparatus, or mechanism does either of the  
            following:  

             a)   Not to reduce the effectiveness of the required motor  
               vehicle pollution control device; or,  

             b)   To result in emissions from the modified or altered  
               vehicle that are at levels that comply with existing state  
               or federal standards for that model year.  

          3)Requires a motorcycle to have equipped at all times an  
            adequate muffler in constant operation and properly maintained  
            to prevent any excessive or unusual noise.  Prohibits a person  
            from modifying the exhaust system of a motor vehicle in a  
            manner which will amplify or increase the noise emitted by the  
            motor of the vehicle that exceeds the noise limits or  
            otherwise makes the motorcycle noncompliant.  

          4)Existing federal regulations require a motorcycle manufactured  
            on and after January 1, 1983, and exhaust emission systems for  
            those motorcycles, to meet specified noise emissions standards  
            and require that a label be affixed onto the motorcycle or  
            exhaust emission system indicating that the motorcycle or  
            exhaust emission system meets the noise emissions standards.  

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  According to this bill's author, "federal regulations  
          promulgated under the Noise Pollution Control Act have required,  
          since 1983, that all motorcycles in the United States (original  
          equipment and aftermarket replacement exhaust systems) must  
          maintain two permanent, readily visible EPA stamps, one on the  
          chassis of the motorcycle and one on the muffler, certifying  
          that the equipment meets or exceeds the maximum noise levels  
          prescribed by the federal government.  Failure to comply is  
          currently punishable under the Act, but since there is no  
          "Federal Noise Police," enforcement of these regulations has  
          been lax.  This bill, by requiring in the California Vehicle  
          Code that these stamps be maintained on all motorcycles in  
          California going forward from 2011, gives state and local law  
          enforcement the ability to write citations for violations of the  








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          federal regulation?  This is needed because current noise  
          control statutes are rarely and unevenly applied throughout the  
          state, and this will give law enforcement a uniform tool by  
          which they can cite motorcycles for illegally tampering with  
          their emissions equipment in order to increase noise.  Any such  
          citation will have a base fine of $50-$100 that can be dismissed  
          upon proof of correction, and will be citable as a secondary  
          infraction.  Additionally, since enforcement of federal  
          regulations against after market manufacturers has been lax over  
          the last 25 years, this bill will be proscriptive, starting in  
          January 2011 so as not to unfairly penalize riders who may have,  
          through no fault of their own, purchased technically illegal  
          equipment since 1983."  

           U.S. EPA regulation enforcement  :  In the past, the EPA  
          coordinated all federal noise control activities through its  
          Office of Noise Abatement and Control.  However, in 1981, the  
          Administration at that time concluded that noise issues were  
          best handled at the state or local government level.  As a  
          result, the EPA phased out the office's funding in 1982 as part  
          of a shift in federal noise control policy to transfer the  
          primary responsibility of regulating noise to state and local  
          governments.  However, the Noise Control Act of 1972 and the  
          Quiet Communities Act of 1978 were not rescinded by Congress and  
          remain in effect today, although essentially unfunded.   
          Accordingly, leaving enforcement up to the states and local  
          governments without any federal financial assistance resulted in  
          sporadic enforcement of these laws nationwide.  

           Availability of parts and effective date :  The availability of  
          aftermarket replacement exhaust mufflers from 1990 to 2000 and  
          newer was difficult to determine with any amount of reliability.  
           For the most part, it appeared that replacement equipment that  
          is compliant with the federal noise labeling regulations, likely  
          due to the lack of federal oversight and enforcement, was not  
          consistently available upon questioning of workers at motorcycle  
          part stores.  Accordingly, it was determined that it would be  
          unfair and impracticable upon owners of older year motorcycles  
          to require older year models to operate with federally noise  
          compliant exhaust systems.  Taking a reasonable, modest, and  
          proscriptive approach, this bill's requirements will be imposed  
          upon motorcycles beginning with 2011 and thereafter.  

           Support  :  Writing in support of this bill and as its sponsor,  
          the American Lung Association in California indicates that the  








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          bill "would increase enforcement of current anti-tampering and  
          noise-level statutes for motorcycles, and ensure that  
          motorcycles on California roads operate with approved emission  
          control systems.  Failure to properly display a label indicating  
          compliance with federal regulations would require the operator  
          to take the necessary action to obtain the appropriate exhaust  
          system and label?While this bill is focused on federal noise  
          requirements, tampering with exhaust systems has serious air  
          quality and public health implications. The ARB has reported  
          that the average motorcycle with a tampered exhaust system emits  
          several times more smog-forming emissions than a non-tampered  
          motorcycle and up to 10 times more for certain types of  
          motorcycles and modifications."  

           Opposition  :  Writing in opposition to the bill (Note: Letter  
          received prior to June 22, 2010 amendment), ABATE contends that  
          the bill "is a nuisance issue, having no impact on motorcyclist  
          or non-rider safety.  It is a nuisance caused by a small  
          minority of motorcycle riders and there are existing laws, some  
          on the books for over 40 years, to cite and sanction operators  
          of excessively loud motorcycles, whether from worn out or  
          damaged exhaust systems or modified parts.  Here are our  
          opposition points:  

          1)Existing California Vehicle Code Sections 27150 and 27151 are  
            already routinely used to cite motorcyclists with excessively  
            loud mufflers.  

          2)Enacting the federal label matching requirements adds nothing  
            to those laws that are already in effect.  This will be a  
            redundant, overlapping statute that does little or nothing to  
            solve the problem.  

          3)The U.S. EPA noise labels on motorcycle mufflers are nothing  
            more than a manufacturer's self-certification warranty that  
            the mufflers will be noise compliant for a period of one year  
            or 3,730 miles, whichever comes first.  After that, from wear  
            or tear or damage, they may no longer be noise compliant, so  
            that doesn't solve the excessive noise problem.  Think of them  
            as the function that a mattress tag serves - certification  
            that the mattress meets federal standards at point of sale.   
            There are no restrictions against an end user, or any one  
            else, removing them at some later date.  In fact, many new  
            motorcycles' muffler stampings are there, but legally obscured  
            by heat shields, covers and accessories.  How can they be  








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            cited, when these labels were never primarily designed to be  
            an enforcement tool?  

          4)Noise laws from all sources, like autos with noisy boom boxes  
            or mufflers, loud house parties and construction equipment  
            need to be enforced, not just targeting motorcycles for  
            subjective and discriminatory prosecution.  

          5)Some motorcycle riders buy replacement mufflers that may, or  
            may not, comply with the EPA noise standard because stock  
            parts may no longer be available from the manufacturers after  
            several years.  It will be unfair to subject them to a  
            label-matching requirement especially if they have bought  
            their motorcycle, used, from another party that installed  
            those parts.  

          6)What option does an owner have if their muffler wears out or  
            is damaged if stock parts are no longer available from their  
            dealer or manufacturer?  This is especially critical for  
            aftermarket catalytic converter motorcycle mufflers. There are  
            currently few, if any, aftermarket mufflers available because  
            ARB only passed a regulation for their certification less than  
            a year ago.  

          Also writing in opposition to the bill, the Imperial Valley  
          Cycle Center indicates that "Grandfather all existing bikes in,  
          at the very least so that all future motorcycles will be on  
          notice of what using uncertified mufflers will cost them."  

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          American Lung Association in California (sponsor)
          Bay Area Air Quality Management District
          Boston City Councilor Sal Lamattina
          Breathe California
          California Air Pollution Control Officers Association
          Los Angeles City Councilmember Bill Rosendahl
          Los Angeles County
          Los Angeles County Sheriff Lee Baca
          NoiseOff.org
          Noise Pollution Clearinghouse
          Sacramento Metropolitan Air Quality Management District
          San Joaquin Valley Air Pollution Control District








                                                                  SB 435
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          Town of Windsor
          West Hollywood
          Letters from two individuals

           Opposition 
           
          ABATE - American Brotherhood Aimed Towards Education - A Union  
          of Motorcyclists
          ABATE Local 1
          American Motorcyclist Association
          B & B Cycles
          Barger Harley-Davidson
          Bellflower Motorsports Employees
          Beaumont Motorcycles & Watercraft
          California Motorcycle Dealers Association
          Cucamonga Yamaha
          Harley-Davidson San Jose
          Imperial Valley Cycle Center
          LeBard & Underwood, Inc.
          Livermore Harley-Davidson
          Michael's Harley-Davidson, Inc.
          Mountain Motorsports
          Northern California Harley-Davidson Dealer's Association
          Skip Fordyce Harley Davidson
          Southern California Harley-Davidson Motorcycle Dealers  
          Association
          Petition signatures of individuals 36,661 (received prior to  
          June 22, 2010 amendments)
          Numerous letters (over 90 individuals received prior to June 22,  
          2010 amendments)

           Analysis Prepared by  :   Ed Imai / TRANS. / (916) 319-2093