BILL NUMBER: SB 211 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Emmerson
FEBRUARY 8, 2011
An act to amend Section 38580 of, and to add Section 38568 to, the
Health and Safety Code, relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
SB 211, as introduced, Emmerson. California Global Warming
Solutions Act of 2006: tire inflation regulation: enforcement.
The California Global Warming Solutions Act of 2006 designates the
State Air Resources Board as the state agency charged with
monitoring and regulating sources of emissions of greenhouse gases.
The state board is required to adopt a statewide greenhouse gas
emissions limit equivalent to the statewide greenhouse gas emissions
level in 1990 to be achieved by 2020, and to adopt rules and
regulations in an open public process to achieve the maximum
technologically feasible and cost-effective greenhouse gas emission
reductions. A violation of a regulation adopted by the state board
pursuant to the act is subject to specified civil and criminal
penalties. Pursuant to the act, the state board adopted a regulation
requiring automobile service providers, by September 1, 2010, among
other things, to check and inflate vehicle tires to the recommended
pressure rating when performing automobile maintenance or repair
services.
This bill would require the state board to enforce and implement
this regulation consistent with certain requirements. The bill would
limit penalties for a violation of the requirements of this
regulation to a civil penalty of not more than $20 for the first
offense and not more than $50 for each subsequent offense. The bill
would prohibit the imposition of a civil or criminal penalty upon a
customer of an automobile service provider for a violation of the
requirements of the regulation.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 38568 is added to the Health and Safety Code,
to read:
38568. Notwithstanding Section 95550 of Title 17 of the
California Code of Regulations, the state board shall enforce and
implement Section 95550 of Title 17 of the California Code of
Regulations consistent with all of the following:
(a) A customer may verbally decline the tire inflation service
required by Section 95550 of Title 17 of the California Code of
Regulations without any written or oral explanation or affirmation.
(b) Tire pressure gauges used to meet the requirements of Section
95550 of Title 17 of the California Code of Regulations may be
accurate within a range of plus or minus four pounds per square inch
of pressure (4 psi).
(c) An automotive service provider shall initiate inflation
service pursuant to Section 95550 of Title 17 of the California Code
of Regulations only if the tire pressure is five pounds per square
inch of pressure (5 psi) below the manufacturer's pressure
recommendations.
SEC. 2. Section 38580 of the Health and Safety Code is amended to
read:
38580. (a) The state board shall monitor compliance with and
enforce any rule, regulation, order, emission limitation, emissions
reduction measure, or market-based compliance mechanism adopted by
the state board pursuant to this division.
(b) (1) Any violation of any rule, regulation, order, emission
limitation, emissions reduction measure, or other measure adopted by
the state board pursuant to this division may be enjoined pursuant to
Section 41513, and , except as provided in subdivision (d),
the violation is subject to those penalties set forth in
Article 3 (commencing with Section 42400) of Chapter 4 of Part 4 of,
and Chapter 1.5 (commencing with Section 43025) of Part 5 of,
Division 26.
(2) Any Except as provided in subdivision
(d), any violation of any rule, regulation, order, emission
limitation, emissions reduction measure, or other measure adopted by
the state board pursuant to this division shall be deemed to result
in an emission of an air contaminant for the purposes of the penalty
provisions of Article 3 (commencing with Section 42400) of Chapter 4
of Part 4 of, and Chapter 1.5 (commencing with Section 43025) of Part
5 of, Division 26.
(3) The state board may develop a method to convert a violation of
any rule, regulation, order, emission limitation, or other emissions
reduction measure adopted by the state board pursuant to this
division into the number of days in violation, where appropriate, for
the purposes of the penalty provisions of Article 3 (commencing with
Section 42400) of Chapter 4 of Part 4 of, and Chapter 1.5
(commencing with Section 43025) of Part 5 of, Division 26.
(c) Section 42407 and subdivision (i) of Section 42410 shall not
apply to this part.
(d) (1) A violation of Section 95550 of Title 17 of the California
Code of Regulations is punishable solely by a civil penalty of not
more than twenty dollars ($20) for the first offense and not more
than fifty dollars ($50) for each subsequent offense.
(2) A customer of an automotive service provider is not subject to
civil or criminal penalties for a violation of Section 95550 of
Title 17 of the California Code of Regulations.