BILL ANALYSIS
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UNFINISHED BUSINESS
Bill No: SB 435
Author: Pavley (D)
Amended: 8/9/10
Vote: 21
PRIOR VOTES NOT RELEVANT
ASSEMBLY FLOOR : 43-31, 8/18/10 - See last page for vote
SUBJECT : Vehicles: pollution control devices
SOURCE : American Lung Association
DIGEST : This bill 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 United States Environmental Protection
Agency noise emission control label.
Assembly Amendments delete the Senate version of the bill,
which required motorcycles to be incorporated into the smog
check program, and instead add the current language.
ANALYSIS :
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
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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 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.
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.
This bill
1. Requires that a registered motorcycle manufactured on
and after January 1, 2013, and operating within the
state, have a federal United States Environmental
Protection Agency (EPA) noise emission label.
2. Establishes that a violation of the labeling requirement
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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.
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
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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.)
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 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/18/10)
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American Lung Association in California (source)
Bay Area Air Quality Management District
Boston City Councilor Sal Lamattina
Breathe California
California Air Pollution Control Officers Association
Las Virgenes Homeowners Association
Los Angeles City Councilmember Bill Rosendahl
Los Angeles County
Los Angeles County Sheriff Lee Baca
Noise Pollution Clearinghouse
NoiseOff.org
Sacramento Metropolitan Air Quality Management District
San Joaquin Valley Air Pollution Control District
Town of Windsor
West Hollywood
OPPOSITION : (Verified 8/18/10)
ABATE Local 1
American Motorcyclist Association
B & B Cycles
Barger Harley-Davidson
Beaumont Motorcycles & Watercraft
Bellflower Motorsports Employees
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.
Motorcycle Industry Council
Mountain Motorsports
Northern California Harley-Davidson Dealer's Association
Skip Fordyce Harley Davidson
Southern California Harley-Davidson Motorcycle Dealers
Association
ARGUMENTS IN SUPPORT : 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
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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."
ARGUMENTS IN OPPOSITION : 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 owner to partially
dismantle their motorcycle on the side of the road to prove
the exhaust system is indeed labeled."
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Bass, Beall, Block, Blumenfield,
Bradford, Brownley, Buchanan, Carter, Chesbro, Coto,
Davis, De La Torre, De Leon, Eng, Feuer, Fong, Fuentes,
Galgiani, Gatto, Hall, Hayashi, Hernandez, Hill, Huffman,
Jones, Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning,
Nava, Portantino, Ruskin, Salas, Saldana, Skinner,
Swanson, Torlakson, Torrico, Yamada, John A. Perez
NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill,
Conway, Cook, DeVore, Fletcher, Fuller, Furutani, Gaines,
Garrick, Gilmore, Hagman, Harkey, Huber, Jeffries,
Knight, Miller, Nestande, Niello, Nielsen, Norby, V.
Manuel Perez, Silva, Smyth, Solorio, Audra Strickland,
Torres, Tran, Villines
NO VOTE RECORDED: Blakeslee, Caballero, Charles Calderon,
Evans, Logue, Vacancy
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JJA:mw 8/18/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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