BILL ANALYSIS                                                                                                                                                                                                    


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                              UNFINISHED BUSINESS

          Bill No:  SB 435
          Author:   Pavley (D)
          Amended:  8/9/10
          Vote:     21


          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  

          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  

          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. 


          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

          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  

           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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