BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 435|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 435
Author: Pavley (D)
Amended: 5/28/09
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 7-3, 4/14/09
AYES: Lowenthal, DeSaulnier, Harman, Kehoe, Pavley,
Simitian, Wolk
NOES: Huff, Ashburn, Hollingsworth
NO VOTE RECORDED: Oropeza
SENATE APPROPRIATIONS COMMITTEE : 7-5, 5/28/09
AYES: Kehoe, Corbett, DeSaulnier, Hancock, Leno, Oropeza,
Yee
NOES: Cox, Denham, Runner, Walters, Wyland
NO VOTE RECORDED: Wolk
SUBJECT : Motor vehicle inspection and maintenance
program:
motorcycles
SOURCE : American Lung Association
National Parks Conservation Association
DIGEST : This bill requires the Bureau of Automotive
Repair, 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,
CONTINUED
SB 435
Page
2
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. If the owner
chooses to retire the vehicle, the Department of Consumer
Affairs may, through the Consumer Assistance Program, pay
the person up to $1,500 if the Department of Consumer
Affairs determines that the payment is cost effective.
This bill requires the Bureau of Automotive Repair (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, this bill:
1. Defines a Class III motorcycle as a motorcycle
containing an engine with displacement of 280 cubic
centimeters or greater.
2. 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.
3. Specifies that motorcycles subject to a smog inspection
shall be tested using procedures determined to be
appropriate by BAR in consultation with ARB.
4. Allows the Department of Consumer Affairs to pay,
through the Consumer Assistance Program, up to $500 to a
person who retires a motorcycle that fails the smog
inspection program.
SB 435
Page
3
Comments
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 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.
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) 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 10 times more than
non-tampered ones.
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.
SB 435
Page
4
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11 2011-12 Fund
Smog check expansion
($1,250) Special*
(revenue gains) full-year revenues of $2,000-$2,500
annually, beginning in 2012-13
BAR program costs $1,750
$2,000Special**
DMV administration $430
$370Special***
* Vehicle Inspection and Repair Fund
** High Polluter Repair or Removal Account
*** Motor Vehicle Account
SUPPORT : (Verified 5/28/09)
American Lung Association (co-source)
National Parks Conservation Association (co-source)
Bay Area Air Quality Management District
Breathe California
California Emissions Testing Industries Association
California Inspection and Maintenance Review Committee
California Service Station and Automotive Repair
Association
Coalition for Clean Air
Natural Resources Defense Council
Planning and Conservation League
Sacramento Metropolitan Air Quality Management District
Sierra Club California
Union of Concerned Scientists
OPPOSITION : (Verified 5/28/09)
ABATE of California, Inc.
SB 435
Page
5
Art of the Chopper Company
California Motorcycle Dealers Association
Motorcycle Industry Council
ARGUMENTS IN SUPPORT : According to the author's office,
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 approximately
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.
ARGUMENTS IN 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.
JJA:mw 5/29/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
SB 435
Page
6
**** END ****