BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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                                 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





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          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 







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          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

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