BILL ANALYSIS
SB 435
Page 1
SENATE THIRD READING
SB 435 (Pavley)
As Amended August 9, 2010
Majority vote
SENATE VOTE :22-17
TRANSPORTATION 8-4 APPROPRIATIONS 11-5
-----------------------------------------------------------------
|Ayes:|Bonnie Lowenthal, |Ayes:|Fuentes, Bradford, |
| |Blumenfield, Buchanan, | |Charles Calderon, Coto, |
| |Eng, Furutani, Galgiani, | |Davis, De Leon, Gatto, |
| |Hayashi, Portantino | |Hall, Skinner, Torlakson, |
| | | |Torrico |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Bill Berryhill, Miller, |Nays:|Conway, Harkey, Miller, |
| |Niello, Norby | |Nielsen, Norby |
| | | | |
-----------------------------------------------------------------
SUMMARY : Makes it a crime for a person to park, use, or operate
a motorcycle, registered in the state that is manufactured on
and after January 1, 2013, that does not have a federal U.S.
Environmental Protection Agency (EPA) noise emission control
label. Specifically, this bill :
1)Requires that a registered motorcycle manufactured on and
after January 1, 2013, and operating within the state, have a
federal U.S. EPA noise emission label.
2)Establishes that a violation of the labeling requirement is a
mechanical violation and a peace officer is prohibited from
stopping a motorcycle solely on a suspicion of a violation of
this labeling requirement. Requires a peace officer to cite a
violation of this law as a secondary infraction.
3)Requires that a person issued a notice to appear or to whom a
complaint is filed, to produce a proof of correction.
4)Authorizes the court to dismiss the penalty imposed on a first
violation upon correction of the violation.
5)Establishes a violation of this law as punishable by the same
SB 435
Page 2
fine that is currently established pursuant to the equipment
anti-tampering law.
EXISTING LAW :
1)Known as California's anti-tampering law, prohibits the
installation, sale, offer for sale, or advertisement of any
device, apparatus, or mechanism intended for use with, or as a
part of, any required motor vehicle pollution control device
or system that alters or modifies the original design or
performance of the motor vehicle pollution control device or
system.
2)Subsequent to the purchase of a motor vehicle (including a
motorcycle), establishes an exemption by the California Air
Resources Board (ARB) if an alteration, modification, or
modifying device, apparatus, or mechanism does either of the
following:
a) Not to reduce the effectiveness of the required motor
vehicle pollution control device; or,
b) To result in emissions from the modified or altered
vehicle that are at levels that comply with existing state
or federal standards for that model year.
3)Requires a motorcycle to have equipped at all times an
adequate muffler in constant operation and properly maintained
to prevent any excessive or unusual noise. Prohibits a person
from modifying the exhaust system of a motor vehicle in a
manner which will amplify or increase the noise emitted by the
motor of the vehicle that exceeds the noise limits or
otherwise makes the motorcycle noncompliant.
4)Existing federal regulations require a motorcycle manufactured
on and after January 1, 1983, and exhaust emission systems for
those motorcycles, to meet specified noise emissions standards
and require that a label be affixed onto the motorcycle or
exhaust emission system indicating that the motorcycle or
exhaust emission system meets the noise emissions standards.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, there will be no state costs. Any local enforcement
costs as a result of this bill will not be reimbursable.
SB 435
Page 3
Unknown, potentially significant increase in fine and penalty
revenues related to violations of labeling requirement.
COMMENTS : According to this bill's author, "Federal regulations
promulgated under the Noise Pollution Control Act have required,
since 1983, that all motorcycles in the United States (original
equipment and aftermarket replacement exhaust systems) must
maintain two permanent, readily visible EPA stamps, one on the
chassis of the motorcycle and one on the muffler, certifying
that the equipment meets or exceeds the maximum noise levels
prescribed by the federal government. Failure to comply is
currently punishable under the Act, but since there is no
"Federal Noise Police," enforcement of these regulations has
been lax. This bill, by requiring in the California Vehicle
Code that these stamps be maintained on all motorcycles in
California going forward from 2011, gives state and local law
enforcement the ability to write citations for violations of the
federal regulation? This is needed because current noise
control statutes are rarely and unevenly applied throughout the
state, and this will give law enforcement a uniform tool by
which they can cite motorcycles for illegally tampering with
their emissions equipment in order to increase noise. Any such
citation will have a base fine of $50-$100 that can be dismissed
upon proof of correction, and will be citable as a secondary
infraction. Additionally, since enforcement of federal
regulations against after market manufacturers has been lax over
the last 25 years, this bill will be proscriptive, starting in
January 2011 so as not to unfairly penalize riders who may have,
through no fault of their own, purchased technically illegal
equipment since 1983." (This bill has been amended subsequent
to the Author's comments.)
U.S. EPA regulation enforcement: In the past, the EPA
coordinated all federal noise control activities through its
Office of Noise Abatement and Control. However, in 1981, the
Administration at that time concluded that noise issues were
best handled at the state or local government level. As a
result, the EPA phased out the office's funding in 1982 as part
of a shift in federal noise control policy to transfer the
primary responsibility of regulating noise to state and local
governments. However, the Noise Control Act of 1972 and the
Quiet Communities Act of 1978 were not rescinded by Congress and
remain in effect today, although essentially unfunded.
Accordingly, leaving enforcement up to the states and local
SB 435
Page 4
governments without any federal financial assistance resulted in
sporadic enforcement of these laws nationwide.
Availability of parts and effective date: The availability of
aftermarket replacement exhaust mufflers from 1990 to 2000 and
newer was difficult to determine with any amount of reliability.
For the most part, it appeared that replacement equipment that
is compliant with the federal noise labeling regulations, likely
due to the lack of federal oversight and enforcement, was not
consistently available upon questioning of workers at motorcycle
part stores. Accordingly, it was determined that it would be
unfair and impracticable upon owners of older year motorcycles
to have the bill require older year models to operate with
federal noise compliant exhaust systems. Taking a reasonable,
modest, and prospective approach, this bill's requirements will
be imposed upon motorcycles beginning with 20130 and thereafter.
Support: Writing in support of this bill and as its sponsor,
the American Lung Association in California indicates that the
bill "Would increase enforcement of current anti-tampering and
noise-level statutes for motorcycles, and ensure that
motorcycles on California roads operate with approved emission
control systems. Failure to properly display a label indicating
compliance with federal regulations would require the operator
to take the necessary action to obtain the appropriate exhaust
system and label?While this bill is focused on federal noise
requirements, tampering with exhaust systems has serious air
quality and public health implications. The ARB has reported
that the average motorcycle with a tampered exhaust system emits
several times more smog-forming emissions than a non-tampered
motorcycle and up to 10 times more for certain types of
motorcycles and modifications."
Opposition: Writing in opposition to this bill, the American
Motorcyclist Association contends that "The lack of a labeled
exhaust system does not mean a motorcycle is out of compliance
with the law. Many after-market exhaust systems that comply
with RSA 266:59-a are available from a number of manufacturers
and for a variety of reasons?It is simply unfair to expect a
motorcycle owner to display a readily visible label on their
exhaust if it is not delivered that way from the factory. How
many improper citations would be issued if this bill becomes
law? Likewise it is simply unreasonable to expect a motorcycle
SB 435
Page 5
owner to partially dismantle their motorcycle on the side of the
road to prove the exhaust system is indeed labeled."
Also writing in opposition to this bill, the Imperial Valley
Cycle Center indicates that "Grandfather all existing bikes in,
at the very least so that all future motorcycles will be on
notice of what using uncertified mufflers will cost them."
Analysis Prepared by : Ed Imai / TRANS. / (916) 319-2093
FN: 0005586