BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1076| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 1076 Author: Emmerson (R) Amended: 5/29/12 Vote: 21 SENATE ENVIRONMENTAL QUALITY COMMITTEE : 6-0, 4/16/12 AYES: Simitian, Blakeslee, Hancock, Kehoe, Lowenthal, Pavley NO VOTE RECORDED: Strickland SENATE TRANSPORTATION & HOUSING COMMITTEE : 9-0, 4/24/12 AYES: DeSaulnier, Gaines, Harman, Kehoe, Lowenthal, Pavley, Rubio, Simitian, Wyland SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/24/12 AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price, Steinberg SUBJECT : Tire inflation regulations SOURCE : Author DIGEST : This bill requires Automotive Service Providers (ASP) to use tire pressure gauges that are accurate within a range of plus or minus two pounds per square inch of pressure and sunsets on January 1, 2018. ANALYSIS : AB 32 (Nunez, Pavley), Chapter 488, Statutes of 2006, charged the Air Resources Board (ARB) with monitoring and regulating sources of greenhouse gas (GHG) CONTINUED SB 1076 Page 2 emissions in order to reduce GHG to 1990 levels by the year 2020. The transportation sector produces 38% of human-induced GHG in California, and passenger vehicles account for 74% 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 (UVT) 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 UVT regulation (Section 95550 of Title 17 of the California Code of Regulations), which became effective on September 1, 2010. The regulation defines an ASP and requires ASPs to check and inflate the tires of each passenger car brought in for service to within two 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. 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 requires ASP tire pressure gauges to be accurate within a range of plus or minus two psi of pressure and sunsets on January 1, 2018. Comments Purpose of this bill . 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 SB 1076 Page 3 National Highway Traffic Safety Administration (NHTSA) to adopt a national standard regarding tire safety and age. Governor's veto . Except for one difference, this bill is essentially the same as last year's SB 211 (Emmerson, 2011), which passed the Senate Transportation and Housing Committee (5-0) 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, Governor Brown 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. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 5/29/12) California Tire Dealers Association Les Schwab Tires DLW:kc 5/29/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** SB 1076 Page 4