BILL ANALYSIS
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: SB 435
SENATOR ALAN LOWENTHAL, CHAIRMAN AUTHOR: Pavley
VERSION: 4/13/09
Analysis by: Jennifer Gress FISCAL: yes
Hearing date: April 14, 2009
SUBJECT:
Motor Vehicle Inspection and Maintenance Program (smog check):
motorcycles
DESCRIPTION:
This bill requires the Bureau of Automotive Repair (BAR),
beginning January 1, 2012, to incorporate specified motorcycles
into the smog check program.
ANALYSIS:
To meet federal air quality standards, existing law requires
California-registered, gasoline-powered vehicles, and beginning
January 1, 2010 certain diesel-powered vehicles, to undergo
biennial smog inspections to measure motor vehicle-related
pollutants. New vehicles six model years old and newer,
vehicles with a pre-1976 model year, electric vehicles,
motorcycles, and large commercial vehicles are exempt from the
smog check program.
Upon initial registration and upon a change of ownership and
registration of a vehicle, the vehicle owner must submit to the
Department of Motor Vehicles (DMV) a valid certificate of
compliance indicating that the vehicle has passed its smog
inspection. If a vehicle fails any component of a smog
inspection, the vehicle owner must, with some exceptions, repair
the vehicle and pass a subsequent smog inspection before being
able to register or renew the registration of the vehicle.
This bill requires BAR, beginning January 1, 2012, to
incorporate Class III motorcycles that are a 2000 model-year or
newer into the smog check program. In doing so, the bill:
SB 435 (PAVLEY) Page 2
Defines a Class III motorcycle as a motorcycle
containing an engine with displacement of 280 cubic
centimeters (cc) or greater.
Requires, by July 1, 2011, BAR, in cooperation with
the Air Resources Board (ARB), to develop regulations,
including testing procedures, for incorporating
motorcycles into the smog check program.
Specifies that motorcycles subject to a smog
inspection shall be tested using procedures determined to
be appropriate by BAR in consultation with ARB.
COMMENTS:
1.Purpose . According to the author, an additional 5.2 tons of
smog-forming pollutants are released into California's air
from motorcycles, which are currently exempt from the smog
check program. California car owners must have their vehicles
inspected and tested every two years, but motorcycles, which
are more polluting than cars, are not tested at all. Based on
emission standards for new vehicles, passenger vehicles emit
0.09 grams of smog-forming pollutants per mile driven, while
motorcycles emit 1.29 grams per mile. The pollution produced
by motorcycles, in other words, is about 14 times that which
is produced by cars.
Furthermore, the past decade has seen improvements in
pollution control equipment for motorcycles, and most now come
equipped with catalytic converters. Many motorcycle
enthusiasts, however, remove the factory installed emissions
control equipment and replace it with "custom" parts that are
far more polluting. This practice violates state law, but ARB
lacks an effective way to enforce the prohibition. By
requiring motorcycles to undergo biennial smog inspections,
this bill will help to ensure that motorcycles are in
compliance with equipment standards that control the emissions
of smog-forming pollution, thereby improving air quality and
public health.
2.Attainment of air quality standards . Incorporating
motorcycles into the smog check program was identified as a
measure to attain national ambient air quality standards in
the state's 2007 State Implementation Plan (SIP). States that
contain areas designated as nonattainment for a particular air
SB 435 (PAVLEY) Page 3
pollutant must develop a SIP to demonstrate how those areas in
the state will attain the federal standard for that pollutant.
A state's SIP is a combination of state and local air quality
planning documents that identify the air pollution control
strategies or measures that the state and local agencies will
implement under their respective authorities in order to
attain the federal standard. The smog check program is an
example of a mobile source strategy to reduce emissions from
passenger vehicles and light-duty trucks. California's 2007
SIP assumed that the measure would be implemented beginning
January 1, 2010. This bill requires BAR to implement the
measure January 1, 2012.
3.Opposition . Opponents contend, in part, that motorcycles do
not contribute enough pollution to warrant being included in
the smog check program, arguing that they constitute less than
three percent of the total number of motor vehicles in
California and that they travel, on average, 25 percent or
less than a car or truck. Opponents further estimate that,
because of their lower use and higher gas mileage, motorcycles
represent only 1.5 percent of all mobile source emissions.
4.Tampering . An ARB staff report cited a 2003 Motorcycle
Industry Council survey finding that 38 percent of motorcycles
had modified exhaust systems. A more recent ARB survey of
2003-2007 model-year motorcycles found that 85 percent of
newer motorcycles in Southern California (primarily Harley
Davidson's) had some form of exhaust modification. Tampered
vehicles emit, on average, two to three times more
smog-forming emissions than a non-tampered motorcycle.
Furthermore, depending on the make and model of the
motorcycle, as well as the extent of modification, tampered
motorcycles can emit up to ten times more than non-tampered
ones.
5.Re-tampering ? For owners who modify their motorcycles, it may
be a relatively straightforward task to un-modify their
vehicles prior to a smog inspection, pass the inspection, and
then re-modify them. Requiring biennial smog inspections may
ensure that unmodified motorcycles continue to meet their
emission standards, but it may not be as effective in
addressing emissions from modified motorcycles.
6.Why Class III motorcycles with a 2000 model-year or newer ?
The bill applies only to those motorcycles that are Class III,
defined as having an engine with a displacement of at least
SB 435 (PAVLEY) Page 4
280 cc and that are a 2000 model-year or newer. With regard
to the class of motorcycle, Class III motorcycles have larger
engines and thus pollute more than Class I or II motorcycles.
With regard to model year, these motorcycles constitute about
72 percent of all registered motorcycles in the state.
Furthermore, the 2000 model year reflects when market
penetration of emission control devices for motorcycles
occurred. In 2000, 35.2 percent of all motorcycles were built
with catalytic converters; in 2008, that number had increased
to 87 percent. Because of the increased reliance on emission
control equipment such as catalytic converters in 2000
model-year and newer motorcycles, tampering has a greater
impact on emissions than it did for motorcycles manufactured
prior to 2000. Without an inspection and maintenance program
(i.e., smog check) for motorcycles, there is no way to assess
whether a motorcycle has been tampered with. Despite these
findings, some questions remain regarding whether this
universe is the most appropriate for inclusion in smog check.
What percentage of total emission reductions is achieved by
incorporating this universe relative to including all
motorcycles or some smaller set of motorcycles? What are the
advantages and disadvantages of including different sets?
Further explanation may be warranted.
7.Distinguishing different classes of motorcycles . Existing law
does not refer to engine size in its definition of motorcycle,
however, DMV defines a motorcycle as having more than 150 cc,
no more than three wheels, and weighing less than 1500 pounds.
DMV does not, however, document the class or engine size of
the motorcycles it registers and is thus not readily able to
differentiate motorcycles that would or would not be subject
to the smog check program as required by this bill.
POSITIONS: (Communicated to the Committee before noon on
Wednesday,
April 8, 2009)
SUPPORT: American Lung Association (co-sponsor)
National Parks Conservation Association
(co-sponsor)
Bay Area Air Quality Management District
California Emissions Testing Industries
Association
Coalition for Clean Air
Natural Resources Defense Council
Planning and Conservation League
SB 435 (PAVLEY) Page 5
Sacramento Metropolitan Air Quality Management
District
Sierra Club California
Union of Concerned Scientists
OPPOSED: ABATE of California, Inc.
Art of the Chopper Company
72 individuals