BILL NUMBER: SB 1076	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 23, 2012
	AMENDED IN ASSEMBLY  JUNE 19, 2012
	AMENDED IN SENATE  MAY 29, 2012
	AMENDED IN SENATE  MARCH 19, 2012

INTRODUCED BY   Senator Emmerson

                        FEBRUARY 14, 2012

   An act to add and repeal  Section 38568  
Chapter 9 (commencing with Section 39945) of Part 2 of Division 26
 of the Health and Safety Code, relating to air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1076, 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  would, until January 1, 2018, specify certain
requirements that apply to a regulation that requires, as does the
regulation described above, an automotive service provider to check
and inflate a vehicle's tires while performing automotive maintenance
or repair service. This bill would impose an accuracy standard on a
tire pressure gauge used by a provider pursuant to that regulation.
This bill would declare the intent of the Legislature to establish
the exclusive and exhaustive set of tire safety related exemptions to
that regulation. This bill would list those exemptions, as specified
  , until January 1, 2018, would require 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,
2018, 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. 
   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.    Chapter 9 (commencing with Section
39945) is added to Part 2 of Division 26 of the   Health and
Safety Code   , to read:  
      CHAPTER 9.  TIRE PRESSURE


   39945.  (a) For purposes of this chapter, "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 an exposed ply or cord, a sidewall crack, a
bulge, a knot, or a ply separation.
   (b) For purposes of a regulation adopted pursuant to Division 25.5
(commencing with Section 38500) that requires an automotive service
provider to check and inflate a vehicle's tires while performing
automotive maintenance or repair service, a tire pressure gauge used
by the provider to inflate a tire pursuant to that regulation shall
be accurate within a range of plus or minus two pounds per square
inch of pressure (2 psi).
   (c) An automotive service provider shall not be required to check
and inflate a vehicle's tire pursuant to subdivision (b) if that tire
is determined to be an unsafe tire.
   (d) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.  
  SECTION 1.    Section 38568 is added to the Health
and Safety Code, to read:
   38568.  (a) For the purposes of a regulation that requires an
automotive service provider to check and inflate a vehicle's tires
while performing automotive maintenance or repair service, a tire
pressure gauge used by the provider to inflate a tire pursuant to
that regulation shall be accurate within a range of plus or minus two
pounds per square inch of pressure (2 psi).
   (b) (1) For the purposes of a tire safety related exemption to a
regulation as described in subdivision (a), it is the intent of the
Legislature that the exemptions provided in paragraph (2) shall be
exclusive and exhaustive.
   (2) An automotive service provider shall not be required to check
and inflate a vehicle's tire if the tire shows any of the following:
   (A) Damage penetrating or exposing the reinforcing plies,
including cuts, cracks, punctures, or excessive wear.
   (B) Tread depth worn to 2/32 of an inch or less on any area of the
tread.
   (C) Indication of internal separation, such as a bulge, a local
area of irregular tread wear indicating possible tread or belt
separation, or damage of reinforcing plies.
   (D) Defacement or removal of a U.S. Department of Transportation
tire identification number, as required by Part 574 of the Title 49
of the Code of Federal Regulations, which is located on the tire
sidewall.
   (c) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.