BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 435
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          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  








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            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.   








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          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  








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          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  








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          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




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