BILL ANALYSIS                                                                                                                                                                                                    






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: AB 1772
          SENATOR ALAN LOWENTHAL, CHAIRMAN               AUTHOR:  mendoza
                                                         VERSION: 4/7/10
          Analysis by: Carrie Cornwell                   FISCAL:  yes
          Hearing date: June 22, 2010






          SUBJECT:

          Vehicle weight exemptions: idle reduction technology

          DESCRIPTION:

          This bill allows a vehicle equipped with idle reduction  
          technology to exceed its legal weight limit by the weight of the  
          idle reduction technology up to 400 pounds.

          ANALYSIS:

          Existing state law establishes maximum weight limits for a  
          variety of vehicles and vehicle combinations on the state's  
          roads. For example, no combination of vehicles may exceed a  
          total weight of 80,000 pounds. Existing law also prescribes  
          lower maximum weights for certain vehicles based on their number  
          of axles and for groups of axles on a vehicle.  

          Under its authority to regulate air emissions, the Air Resources  
          Board (ARB) has adopted regulations that limit the idling of  
          various heavy-duty vehicles to no more than five minutes in  
          order to limit human exposure to the toxic air contaminants that  
          they emit when running. Among these regulations are rules that  
          took effect in February of 2005 that require 2008 and newer  
          model year heavy-duty diesel engines either to be equipped with  
          a system that automatically shuts down the engine after five  
          minutes of idling or, optionally, to meet a stringent oxides of  
          nitrogen idling emission standard.  

          ARB staff and local air quality officials enforce these idling  
          regulations by monitoring commercial diesel vehicles where they  
          operate. AB 233 (Jones), Chapter 592, Statute of 2007 provided  
          that first time violations for idling in excess of five minutes  
          receive a minimum civil penalty of $300. The penalties for  




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          subsequent violations can range from $1,000 to $10,000.  

          Federal law defines "idle reduction technology" to mean an  
          advanced truck stop electrification system, auxiliary power  
          unit, or technology that is used to reduce long-duration idling  
          and allows for the main drive engine or auxiliary refrigeration  
          engine to be shut down.  

           This bill  :
          
          1.Allows a vehicle or combination of vehicles equipped with idle  
            reduction technology to exceed its legal weight limit by the  
            weight of the idle reduction technology or 400 pounds,  
            whichever is less.

          2.Permits this exemption to be applied only to an axle group on  
            the truck tractor, as opposed to a trailer, and only one time  
            per vehicle combination (i.e., each truck and trailer or  
            trailers), regardless of the number of axles in the vehicle  
            combination.

          3.Requires the vehicle operator to provide proof to an  
            appropriate law enforcement officer that the idle technology  
            is fully functional and that the excess weight over the group  
            axle weight limit is not for any other purpose than the idle  
            reduction technology.

          4.Adopts in state law the federal definition of "idle reduction  
            technology." 
          
          COMMENTS:

           1.Purpose  . This bill is sponsored by the California Trucking  
            Association  (CTA). CTA asserts that this bill will allow  
            California's truckers to regain the payload they lost when  
            ARB's regulations mandated that these vehicles have idle  
            reduction technology installed. 

           2.Idle reduction technology  . The California Highway Patrol (CHP)  
            inspects heavy-duty vehicles, typically at "weigh stations"  
            along state highways, to determine if these vehicles exceed  
            their legal weight limits. CHP reports that idle reduction  
            technology affixed to these vehicles typically weighs well  
            less than 400 pounds and is not a significant contributor to  
            overweight vehicles. This bill, however, clarifies that when  
            weighing a vehicle, CHP should deduct the weight of a  




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            functional idle reduction device that is attached to the  
            vehicle.

           3.Opposition  . The League of California Cities and Teamsters  
            oppose this bill and note that the weight of a truck affects  
            the stability and control of a truck, the way it interacts  
            with other traffic, and the impact it has when colliding with  
            other vehicles. Noting that trucks share city streets with  
            other users-such as motorists, pedestrians, cyclists, and  
            motorcyclists-the League expresses concern that increased  
            truck weight allowed under this bill will put these users at  
            risk. In addition, both argue that increases in truck weight  
            have a negative impact on the integrity of streets and roads,  
            which are already in need of repair or reconstruction in many  
            areas of the state.
          
          Assembly Votes:
               Floor:    75 - 0
               Appr: 17 - 0
               Trans:    14 - 0

          POSITIONS:  (Communicated to the Committee before noon on  
          Wednesday, 
                     June 16, 2010)

               SUPPORT:  California Trucking Association (sponsor)
          
               OPPOSED:  League of California Cities
                         Teamsters