BILL ANALYSIS Ó
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: sb 1076
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: Emmerson
VERSION:
3/19/2012
Analysis by: Eric Thronson FISCAL: yes
Hearing date: April 24, 2012
SUBJECT:
Tire inflation regulations
DESCRIPTION:
This bill codifies portions of regulations that require
automotive service providers to check and inflate tires of each
passenger car brought in for service, excluding age as a
determinant of an unsafe tire.
ANALYSIS:
AB 32 (Nunez, Pavley), Chapter 488, Statutes of 2006, charged
the State Air Resources Board (ARB) with monitoring and
regulating sources of greenhouse gas (GHG) emissions in order to
reduce GHG to 1990 levels by the year 2020. The transportation
sector produces 38 percent of human-induced GHG in California,
and passenger vehicles account for 74 percent of the
transportation emissions.
In order to address GHG emissions in the near-term, ARB
identified nine early-action measures, including the Under
Inflated Vehicle Tires regulation. Under-inflated tires
contribute to GHG emissions by increasing tire rolling
resistance, and therefore, reducing fuel efficiency.
On August 30, 2010, the Office of Administrative Law adopted the
Under Inflated Vehicle Tires (UVT) regulation (Section 95550 of
Title 17 of the California Code of Regulations), which became
effective on September 1, 2010. The regulation defines an
Automotive Service Provider (ASP) and requires ASPs to check and
inflate the tires of each passenger car brought in for service
to within two (2) pounds per square inch (psi) of the
recommended tire pressure rating. The UVT regulation requires
an ASP to indicate tire inflation service on a vehicle service
invoice and keep these invoices for a minimum of three years.
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The UVT regulation exempts an ASP from checking and inflating a
tire if the ASP determines that the tire is unsafe. An unsafe
tire, as defined in the regulation, is any tire determined so
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.
This bill codifies some of the UVT regulation, with one
significant change. Specifically, this bill:
Requires ASP tire pressure gauges to be accurate within
a range of plus or minus two pounds per square inch of
pressure (2 psi).
Exempts ASPs from checking and inflating a vehicle's
tires if the ASP determines that the tires are unsafe.
Excludes tire age from the definition of an unsafe tire.
Otherwise, this bill codifies the unsafe tire definition
contained in the UVT regulation.
Requires ARB to adopt regulations consistent with
National Highway Traffic Safety Administration (NHTSA)
regulations regarding tire age and safety.
Sunsets on January 1, 2018.
COMMENTS:
1.Purpose . The author introduced this bill to close a loophole
in current state UVT regulations. Because there are no state
or national standards relative to tire safety and age, the
author contends that ASPs can easily refuse to check and
inflate a tire based upon a fairly large spectrum of
independent, arbitrary decisions. Furthermore, the tire
industry is still waiting for NHTSA to adopt a national
standard regarding tire safety and age. This bill requires
ARB to adopt regulations consistent with national regulations
should NHTSA ever adopt them.
2.What problem is this bill solving ? The author claims this bill
is necessary because current regulations contain a loophole
which enables ASPs to refuse to check and inflate tires.
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While it is true that a particular service provider could use
age as an excuse to avoid complying with the regulation, there
are a number of other ways a provider could avoid being in
compliance. It is unclear how this bill will significantly
affect compliance, should a service provider choose not to
comply.
In developing the current regulations, however, ARB went
through a significant and purposeful public process, receiving
input from stakeholders and reflecting that input in the final
product. According to ARB, tire age was included in the
definition of an unsafe tire to reflect a NHTSA report to
Congress in 2007 which supports the conclusion that age is an
important factor in tire safety.
3.Governor's veto . Except for one difference, this bill is
essentially the same as last year's
SB 211 (Emmerson), which this committee passed on a 5 - 0 vote
on March 29, 2011, but which the governor ultimately vetoed.
The only difference is that this bill includes a requirement
that ARB adopt regulatory language regarding tire age and
safety that is consistent with any future federal regulations
adopted by NHTSA.
In his veto message of SB 211, the governor expressed clear
opposition to SB 211, stating that it is "both unnecessary and
omits a significant factor relating to public highway safety."
He went on to state the bill "unnecessarily limits ARB's
ability to revise the regulation in the future? Furthermore,
by eliminating 'age' as a factor bearing on a tire's safety,
the bill seeks to circumvent the rulemaking process and?
disregards the stakeholder participation and transparency that
were exercised during the rulemaking process."
The author indicates that, in order to address the governor's
concerns, he has had conversations with the governor's office
and believes that there is a pathway to obtaining the
governor's signature.
PREVIOUS VOTES:
Senate Environmental Quality Committee: 6-0
POSITIONS: (Communicated to the committee before noon on
Wednesday,
April 18, 2012)
SB 1076 (EMMERSON) Page 4
SUPPORT: None received.
OPPOSED: None received.