BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 435
                                                                  Page  1

          Date of Hearing:   August 4, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    SB 435 (Pavley) - As Amended:  June 30, 2010 

          Policy Committee:                              
          TransportationVote:8-4

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill requires motorcycles registered in the state and  
          manufactured on and after January 1, 2011 to have a federal U.S.  
          Environmental Protection Agency (EPA) exhaust emission label.   
          Specifically, the bill:  

          1)Establishes that a violation of the labeling requirement is a  
            mechanical violation, meaning that a  peace officer is  
            prohibited from stopping a motorcycle solely on a suspicion of  
            a violation of this labeling requirement

          2)Authorizes the court to dismiss the penalty on a first  
            violation upon correction of the violation.  

          3)Establishes a violation of this law as punishable by the same  
            fine currently established pursuant to the equipment  
            anti-tampering law (currently between $50 and $100 for a first  
            offense and $100 to $250 for second and subsequent offenses.  
           
          FISCAL EFFECT

           1)No state costs.  Local enforcement costs not reimbursable.

          2)Unknown, potentially significant increase in fine and penalty  
            revenues related to violations of labeling requirement.

           COMMENTS
           
           1)Background  . Existing federal regulations require a motorcycle  
            manufactured after January 1, 1983 to meet specified noise  
            emissions standards, and requires that labels be affixed to  








                                                                  SB 435
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            the motorcycle indicating that it meets these standards.
            
            California's anti-tampering law prohibits the installation,  
            sale, or advertisement of any device intended to modify the  
            original design or performance of the motor vehicle pollution  
            control system. It also requires a motorcycle to be equipped  
            with a muffler that prevents excessive or unusual noise, and  
            prohibits the modification of the exhaust system in a manner  
            that amplifies the noise emitted by the motor to the extent  
            that it exceeds noise limits.  

          2)Rationale  . The bill is intended to give state law enforcement  
            the ability to enforce federal emissions-related regulation  
            and state anti-tampering laws. The author asserts that these  
            regulations and laws, though on the books for many years, are  
            infrequently enforced.  She contends this bill takes a modest  
            approach, by making the violations a secondary infraction, and  
            applying only prospectively to newly manufactured motorcycles.
           
          Analysis Prepared by  :    Brad Williams / APPR. / (916) 319-2081