BILL NUMBER: SB 211	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 16, 2011
	AMENDED IN SENATE  MAY 10, 2011
	AMENDED IN SENATE  MARCH 14, 2011

INTRODUCED BY   Senators Emmerson and Harman
   (Coauthor: Senator Dutton)
   (Coauthors: Assembly Members Jeffries, Olsen, and Portantino)

                        FEBRUARY 8, 2011

   An act to  amend Section 38580 of, and to  add and repeal
Section 38568 of  ,  the Health and Safety Code, relating
to air pollution.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 211, as amended, Emmerson. California Global Warming Solutions
Act of 2006: tire inflation regulation.
   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, until January 1, 2017, would authorize a tire pressure
gauge used to meet the requirements of this regulation to be accurate
within a range of plus or minus 2 pounds per square inch of pressure
(2 psi).  The bill, until January 1, 2017, would authorize
automotive service providers to meet the requirements of the
regulation without checking and inflating a vehicle's tire if that
tire is determined to be an unsafe tire, as defined. The bill would
limit penalties for a violation of the requirements of the 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.  (a) 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 two pounds per square
inch of pressure (2 psi). 
   (b) For purposes of Section 95550 of Title 17 of the California
Code of Regulations, automotive service providers are not required to
check and inflate a vehicle's tire if that tire is determined to be
an unsafe tire. As used in this subdivision, "unsafe tire" means any
tire considered unsafe in accordance with standard industry practices
due to tire tread wear, tread irregularity, or damage. Examples
include any tire with exposed ply or cord, a sidewall crack, a bulge,
a knot, or ply separation.  
   (b) 
    (c)  This section shall remain in effect only until
January 1, 2017, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2017, deletes or
extends that date.
   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.