BILL ANALYSIS SB 435 Page 1 SENATE THIRD READING SB 435 (Pavley) As Amended August 9, 2010 Majority vote SENATE VOTE :22-17 TRANSPORTATION 8-4 APPROPRIATIONS 11-5 ----------------------------------------------------------------- |Ayes:|Bonnie Lowenthal, |Ayes:|Fuentes, Bradford, | | |Blumenfield, Buchanan, | |Charles Calderon, Coto, | | |Eng, Furutani, Galgiani, | |Davis, De Leon, Gatto, | | |Hayashi, Portantino | |Hall, Skinner, Torlakson, | | | | |Torrico | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Bill Berryhill, Miller, |Nays:|Conway, Harkey, Miller, | | |Niello, Norby | |Nielsen, Norby | | | | | | ----------------------------------------------------------------- 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, 2013, 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, 2013, 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 SB 435 Page 2 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. 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 : According to the Assembly Appropriations Committee, there will be no state costs. Any local enforcement costs as a result of this bill will not be reimbursable. SB 435 Page 3 Unknown, potentially significant increase in fine and penalty revenues related to violations of labeling requirement. 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 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." (This bill has been amended subsequent to the Author's comments.) 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 SB 435 Page 4 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 have the bill require older year models to operate with federal noise compliant exhaust systems. Taking a reasonable, modest, and prospective approach, this bill's requirements will be imposed upon motorcycles beginning with 20130 and thereafter. Support: Writing in support of this bill and as its sponsor, the American Lung Association in California indicates that the 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 this bill, the American Motorcyclist Association contends that "The lack of a labeled exhaust system does not mean a motorcycle is out of compliance with the law. Many after-market exhaust systems that comply with RSA 266:59-a are available from a number of manufacturers and for a variety of reasons?It is simply unfair to expect a motorcycle owner to display a readily visible label on their exhaust if it is not delivered that way from the factory. How many improper citations would be issued if this bill becomes law? Likewise it is simply unreasonable to expect a motorcycle SB 435 Page 5 owner to partially dismantle their motorcycle on the side of the road to prove the exhaust system is indeed labeled." Also writing in opposition to this 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." Analysis Prepared by : Ed Imai / TRANS. / (916) 319-2093 FN: 0005586