BILL ANALYSIS Ó SB 1076 Page 1 SENATE THIRD READING SB 1076 (Emmerson) As Amended June 19, 2012 Majority vote SENATE VOTE :38-0 TRANSPORTATION 13-0 APPROPRIATIONS 17-0 ----------------------------------------------------------------- |Ayes:|Bonnie Lowenthal, |Ayes:|Fuentes, Harkey, | | |Jeffries, Achadjian, | |Blumenfield, Bradford, | | |Blumenfield, Bonilla, | |Charles Calderon, Campos, | | |Buchanan, Eng, Galgiani, | |Davis, Donnelly, Gatto, | | |Logue, Wagner, Norby, | |Hall, Hill, Lara, | | |Portantino, Solorio | |Mitchell, Nielsen, Norby, | | | | |Solorio, Wagner | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- SUMMARY : Establishes standards for tire pressure gauges and conditions when tires do not warrant checking. Specifically, this bill : 1)Requires Automotive Service Providers (ASPs) to use tire pressure gauges that are accurate within a range of plus or minus two pounds per square inch of pressure. 2)Establishes that an ASP is not 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 2D32 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; and, d) Defacement or removal of a U.S. Department of Transportation tire identification number. SB 1076 Page 2 1)Declares the intent of the Legislature that the above list is exclusive and exhaustive. 2)Sunsets the bill's provisions on January 1, 2018. EXISTING LAW : 1)Requires the California Air Resources Board (ARB) to determine the 1990 statewide greenhouse gas (GHG) emissions level and approve a statewide GHG emissions limit that is equivalent to that level, to be achieved by 2020. Requires ARB to adopt regulations for reporting and verification of GHG emissions, monitoring and compliance with the program, and achieving GHG emission reductions from sources or categories of sources by January 1, 2011, to be operative on January 1, 2012, subject to certain requirements. 2)Requires ARB, on or before June 30, 2007, to publish and make available a list of discrete early action GHG reduction measures that can be implemented prior to the above measures and limits. On or before January 1, 2010, requires ARB to adopt regulations to implement these early action measures no later than January 1, 2010. 3)Establishes, pursuant to ARB regulation and as an early action measure relating to reducing GHG emissions, the underinflated vehicle tire regulation that requires ASP to inflate tires to the recommended tire pressure rating or not check and inflate tires if the tires are in an unsafe condition. Requires ASP to perform the tire pressure service using a tire pressure gauge with a total permissible error no greater than plus or minus two pounds per square inch (psi). Defines "unsafe tire" to mean "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." FISCAL EFFECT : According to the Assembly Appropriations Committee, negligible, if any, state costs. COMMENTS : According to the author's office, this bill seeks to codify the requirement under ARB's underinflated vehicle tire SB 1076 Page 3 program (UVTP) that ASPs must inflate their customers' tires using a tire pressure gauge that must be accurate within two psi. The author contends that this standard was a significant compromise between the industry and ARB and do not want this standard changed in the regulation. This bill also seeks to provide some clarity when a tire, due to its condition, is too dangerous for ASPs to inflate. On September 1, 2010, ARB adopted its UVTP as an early-action measure to achieve GHG reductions as required by AB 32 (Nunez and Pavley) Chapter 488, Statutes of 2006. These regulations require an ASP to check and inflate the tires of each passenger car brought in for service, unless the ASP determines that the tire is unsafe. An "unsafe tire" is defined in the regulation as a tire determined unsafe due to tire tread wear, age, tread irregularity, or damage. According to ARB, the UVTP regulation will annually eliminate 700,000 metric tons of GHG emissions; reduce fuel consumption by 75 million gallons; and extend the average tire's useful life by 4,700 miles. ARB also notes the regulation will save the average Californian $12 per year, about 38% of vehicles on the road in the state have severely underinflated tires (6 pounds under manufacturer's recommendations) - which seriously reduce the vehicles handling capabilities, reduce tread life, and force the engine to work harder thus increasing the amount of fuel needed. Les Schwab Tire Centers, writing in support of this bill, contends that "This is essentially a consumer protection bill. ARB admits there is no consensus within the tire industry regarding tire age and safety, yet it insists on mandating "age" as a safety standard. This has caused widespread confusion within the industry and will probably result (if it hasn't already) in a type of consumer fraud where an unscrupulous industry member will inform a consumer that he or she needs new tires due to a self-serving "age" standard when, in fact, the tires are still safe and functional. Regrettably, ARB's primary concern in establishing the regulation is hydrocarbon reduction and not the prevention of consumer fraud." This bill attempts to clarify when a tire does not have to be checked and inflated without the use of age as a guide. This bill is substantially similar to SB 211 (Emmerson) of 2011, SB 1076 Page 4 which was vetoed by the governor. In his veto message, the governor indicated that SB 211 "codifies a tire gauge accuracy requirement that is already in regulation and removes tire age as a consideration by the automotive service providers when determining whether a tire is unsafe for use. This bill is both unnecessary and omits a significant factor relating to public highway safety? Placing provisions of ARB's regulation into statute unnecessarily limits ARB's ability to revise the regulation in the future to ensure that it achieves the greatest air quality improvements and greenhouse gas emission reductions possible without legislative action. Furthermore, by eliminating "age" as a factor bearing on a tire's safety, the bill seeks to circumvent the rulemaking process and overlooks significant evidence that age could degrade the performance capabilities of a tire. In this way, the bill disregards the stakeholder participation and transparency that were exercised during the rulemaking process." This bill appears to be a second attempt to undo the ARB's UVTP regulation relative to the determination of an "unsafe" tire and does not seem to address the concerns as expressed by the governor in his veto message. Furthermore, the majority of ASPs that provide automotive services other than tire manufacturers and sellers are not concerned with the current ARB regulations and have not indicated support of this bill. Lastly, this bill is opposed by the Consumer Attorneys of California who contend it lessens consumer safety. Analysis Prepared by : Ed Imai / TRANS. / (916) 319-2093 FN: 0004935