BILL ANALYSIS �
SB 211
Page 1
Date of Hearing: June 27, 2011
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
SB 211 (Emmerson) - As Amended: June 20, 2011
SENATE VOTE : 39-0
SUBJECT : California Global Warming Solutions Act: tire
inflation
SUMMARY : Authorizes tire pressure gauges used to meet the Air
Resources Board (ARB) Under Inflated Vehicle Tires (UVT)
Regulation to be accurate within a range of plus or minus two
pounds per square inch (PSI). Amends the UVT Regulation to
strike "age" from the definition of an "unsafe tire." Sunsets
these provisions January 1, 2017.
EXISTING LAW:
1)California Global Warming Solutions Act of 2006 (AB 32)
a) Requires ARB to determine the 1990 levels of greenhouse
gas (GHG) emissions and approve a limit equivalent to the
1990 level to be achieved by 2020. (� 38550) ARB must adopt
regulations to require reporting and verification of
statewide GHG emissions and to monitor and enforce
compliance. (� 38530) ARB must adopt rules and regulations
to achieve GHG emissions reductions from sources or
categories of sources. (� 38560)
b) Requires ARB on or before June 30, 2007, to publish and
make available a list of discrete early action GHG emission
reduction measures. (� 38560.5) Regulations to implement
those measures must be adopted on or before January 1,
2010, and must be enforceable no later than January 1,
2010.
c) Requires ARB on or before January 1, 2009 to prepare and
approve a scoping plan to achieve the maximum
technologically feasible and cost-effective reductions in
GHG emissions by 2020. This plan must be updated at least
once every five years. (� 38561)
d) Requires ARB on or before January 1, 2011 to adopt GHG
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emission limits and emissions reduction measures to become
operative beginning January 1, 2012.
e) Requires ARB to monitor compliance and enforce any rule,
regulation, order, emission limitation, emissions reduction
measure, or market-based compliance mechanism that it
adopts.
2)Underinflated Vehicle Tires Regulation (UVT) (� 95550)
a) Requires all automotive service providers (ASP)
performing or offering to perform automotive maintenance or
repair services in California to inflate tires on vehicles
with a gross vehicle weight rating of 10,000 pounds or less
to the recommended tire pressure rating.
i) Requires ASPs to check and inflate each vehicle's
tires to the recommended tire pressure rating.
ii) Requires ASPs to indicate on the vehicle service
invoice that the inflation service was completed and the
measurements after the service was performed.
iii) Requires ASPs have access to a Tire Inflation Record
current within three years of publication.
iv) Requires ASPs to keep a copy of the invoice for
three years.
v) Requires ASPs to perform the tire pressure service
using a tire pressure gauge with a permissible error no
greater than plus or minus two pounds per square inch.
b) Provides exceptions for customers wishing to opt out of
the service if such a service has been completed within the
past thirty days or will be performed within the next seven
days.
c) Provides that an ASP need not complete the check if the
tire is deemed to be "unsafe." An "unsafe tire" is defined
as any tire considered unsafe in accordance with standard
industry practices, due to tire tread wear, age, tread
irregularity, or damage. Examples include any tire with
exposed ply or cord, sidewall crack, bulge, knot, or ply
separation.
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d) Provides for penalties and injunctions for violations.
THIS BILL :
1)Authorizes a tire pressure gauge used to meet the requirements
of the Underinflated Vehicle Tires Regulation to be accurate
within a range of plus or minus two pounds per square inch of
pressure (the same as the UVT Regulation).
2)Provides that an ASP is not required to inflate a tire that it
determines is an "unsafe tire." Establishes a definition of
"unsafe tire" that differs from the regulation in that it does
not include consideration of age.
3)Sunsets January 1, 2017.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS :
1)Background. According to a Rubber Manufacturers Association
study conducted in 2010, 55% of all vehicles have at least one
significantly under inflated tire. As well as seriously
reducing the vehicle's handling capabilities, under inflation
can cause irreparable damage, reduce tread life, and force the
engine to work harder, thus increasing the amount of fuel
needed. The United States Department of Energy (DOE) states
that gas mileage can be improved by up to 3.3% by having
properly inflated tires.
The DOE, the California Energy Commission, and the National
Highway Traffic Safety Administration (NHTSA) state that every
one pound per square inch drop in tire pressure equals and
approximate 0.4% drop in a vehicle's gas mileage. According
to the United States Environmental Protection Agency (US EPA),
a gallon of gasoline is assumed to produce 8.8 kilograms (19.4
pounds) of CO2. The Under Inflated Vehicle Tire Regulation
could save Californians a minimum of 61 million gallons of
fuel in 2010, which equates to 0.54 million metric tons (MMT)
CO2, and 22.5 million gallons and 0.2 MMT CO2 in 2020.
Pursuant to AB 32, ARB passed nine early-action GHG reduction
measures including tire inflation. The UVT Regulation was
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approved by the Office of Administrative Law on August 30,
2010, and the Regulation went into effect on September 1,
2010. The purpose of the regulation is to reduce GHG
emissions from vehicles with underinflated tires by inflating
them to the recommended tire pressure, and applies to all
ASPs.
Beginning September 1, 2010, the regulation requires all ASPs
at the time of performing any automotive maintenance or repair
service to check and inflate each vehicle's tires to the
recommended tire pressure rating using a tire pressure gauge
with a total permissible error no greater than plus or minus
two PSI. The regulation provides exceptions for customers
wishing to opt out of the service if such a service has been
completed within the past thirty days or will be performed
within the next seven days. The regulation also provides for
penalties and injunctions for violations.
The regulation also provides that an ASP need not check a tire
if it is deemed "unsafe." NHTSA research shows that old tires
are subject to greater stress, which increases the likelihood
of catastrophic failure. The NHTSA notes that some tire and
vehicle manufacturers have issued recommendations for
replacing tires that range from six to ten years of age, and
advises consumers to check with their tire or vehicle
manufacturer for specific guidance. While the NHTSA has
conducted tests regarding the relationship between tire age
and tire failure, they have not yet adopted a national
standard regarding tire safety and age.
2)Effect of the bill . The gauge authorization is included in
ARB's UVT regulation. This bill codifies the regulation until
January 1, 2017. The sunset date does not dispose of the
authorization in 2017 because it is still in the regulation
and therefore still applicable. The Committee on
Environmental Quality wrote in its analysis that all
provisions of this bill should sunset within a certain period
in order for the Legislature to review their appropriateness
in the future.
According to the author, eliminating "age" from the definition
of "unsafe tire" closes a loophole in the mandatory
regulation. Presently, an ASP may refuse to check a tire
based on an arbitrary decision because there are no state or
national standards regarding tire safety and age. So, under
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the bill, unlike the regulation, ASPs would be required to
check and inflate a tire, without regard to age, unless the
tire was determined unsafe due to tread wear, tread
irregularity, or damage.
REGISTERED SUPPORT / OPPOSITION :
Support
California Retailers Association
California Tire Dealers Association
Les Schwab Tire Centers
Rubber Manufacturers Association
Opposition
None on file
Analysis Prepared by : Lynn Kirshbaum / NAT. RES. / (916)
319-2092