BILL ANALYSIS �
SB 211
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2011-2012 Regular Session
BILL NO: SB 211
AUTHOR: Emmerson
AMENDED: March 14, 2011
FISCAL: Yes HEARING DATE: May 2, 2011
URGENCY: No CONSULTANT: Randy Pestor
SUBJECT : CALIFORNIA GLOBAL WARMING SOLUTIONS ACT
SUMMARY :
Existing law , under the California Global Warming Solutions
Act of 2006 (CGWSA):
1) Requires the California Air Resources Board (ARB) to
determine the 1990 statewide greenhouse gas (GHG) emissions
level and approve a statewide GHG emissions limit that is
equivalent to that level, to be achieved by 2020. ARB must
adopt regulations for reporting and verification of GHG
emissions, monitoring and compliance with the program, and
achieving GHG emission reductions from sources or
categories of sources by January 1, 2011, to be operative
on January 1, 2012, subject to certain requirements.
(Health and Safety Code �38500 et seq.).
2) Requires the ARB on or before June 30, 2007, to publish and
make available a list of discrete early action GHG
reduction measures that can be implemented prior to the
above measures and limits. On or before January 1, 2010,
ARB must adopt regulations to implement these early action
measures, and these regulations must be enforceable no
later than January 1, 2010. (�38560.5). An early action
measure regulation relating to reducing GHG emissions by
inflating tires to the recommended tire pressure rating was
effective September 1, 2010 (referred to as the
underinflated vehicle tire (UVT) regulation). (17 Cal.
Code Regs. �95550).
3) Requires ARB to prepare and approve a scoping plan for
achieving the maximum technologically feasible and
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cost-effective reductions in GHG emissions from sources or
categories of sources of GHGs by 2020. ARB must evaluate
the total potential costs and total potential economic and
noneconomic benefits of the plan for reducing GHGs to the
state's economy, environment, and public health, using the
best economic models, emission estimation techniques, and
other scientific methods. The plan must be updated at
least once every five years. (Health and Safety Code
�38561).
4) Authorizes the ARB to adopt GHG emission limits or emission
reduction measures prior to January 1, 2011, imposing those
limits or measures prior to January 1, 2012, or providing
early reduction credit where appropriate. (�38563).
5) Requires the ARB to monitor compliance with and enforce any
rule, regulation, order, emission limitation, emissions
reduction measure, or market-based compliance mechanism
adopted by the ARB. Penalties for violations of the CGWSA
reference other general ARB penalty provisions, including
those authorizing violations to be enjoined. (�38580).
This bill :
1) Authorizes tire pressure gauges used to meet the tire
pressure regulations (#2 above) to be accurate within a
range of ? two pounds per square inch of pressure.
2) Establishes an exception to CGWSA penalties (#5 above) for
violations of tire pressure regulations by setting civil
penalty of not more than $20 for the first offense and no
more than $50 for each subsequent offense, and prohibits an
automotive service provider (ASP) customer from being
subject to civil or criminal penalties for violations of
the regulation.
COMMENTS :
1) Purpose of Bill . According to the author, "Penalties for
the Under Inflated Tires regulation far outweigh the
offense. This bill will amend the law so that
'misinflating' tires would be non-criminal, minor
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infractions, and codify accuracy specifications for tire
pressure gauges used by automotive service providers." The
author believes that "by codifying the accuracy
specifications, the industry will be given comfort that the
specifications cannot be altered at some future date
without prior legislative approval."
2) Background on regulation . As noted above, under the CGWSA
ARB must adopt discrete early action measures by January 1,
2010, and these regulations must be enforceable no later
than January 1, 2010. In addition to the underinflated
vehicle tire (UVT) regulation affected by SB 211, some
other early action measures include the low carbon fuel
standard, landfill methane capture, and shore power.
According to ARB, the UVT regulation will annually eliminate
700,000 metric tons of GHG emissions; reduce fuel
consumption by 75 million gallons; and extend the average
tire's useful life by 4,700 miles. ARB also notes the
regulation will save the average Californian $12 per year,
about 38% of vehicles on the road in the state have
severely underinflated tires (6 pounds under manufacturer's
recommendations) - which seriously reduce the vehicles
handling capabilities, reduce tread life, and force the
engine to work harder thus increasing the amount of fuel
needed. According to Dan Zielinski, senior vice president
with the Rubber Manufacturers Association when the ARB
adopted the regulation, "Under-inflated tires waste fuel,
cause tires to wear out prematurely and increase drivers'
safety risk. This regulation will help protect
California's environment, help consumers save money in fuel
and tire costs, and help Californians optimize vehicle
safety."
Under the UVT regulation, an automotive service provider (ASP)
must: a) check and inflate each vehicle's tires to the
recommended tire pressure rating when performing any
automotive maintenance or repair service, b) indicate on
the vehicle service invoice that a tire inflation service
was completed and the tire pressure measurements after the
services are performed, c) perform the tire pressure
service using a tire pressure gauge with a total
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permissible error no greater than ? two pounds per square
inch, d) have access to a Tire Inflation Reference that is
current within three years of publication, and e) keep a
copy of the vehicle service invoice for a minimum of three
years and make the service invoice available to the ARB or
its authorized representative upon request.
There are certain exceptions to the above requirements if: a)
the tires are on a vehicle with a gross vehicle weight
rating over 10,000 lbs., b) the tires are determined by the
ASP to be unsafe, or c) the customer declines the check and
inflate service. A customer may decline the check and
inflate service if the customer affirms one of the
following: a) a tire pressure check and inflate service
was performed within the last 30 days, or b) a tire
pressure check and inflate service will be performed within
the next seven days.
3) Background on UVT penalties . Penalties for violation of
the UVT regulation reference the CGWSA penalty authority -
which in turn references general ARB penalty authority,
which allows violations to be enjoined. The general ARB
penalty authority also includes a misdemeanor subject to a
fine of not more than $1,000 or imprisonment in the county
jail for not more than six months, or both (�42400(a));
various penalties for violations involving releases of
certain air pollutants; a civil penalty of not more than
$10,000 (�42402(b)); and a civil penalty of not more than
$35,000 for knowingly and intentional falsification of
documents (�42402.4). ARB also has authority to develop a
method to convert a violation of any regulation adopted
under the CGWSA into the number of days of violation, where
appropriate (�38580(b)(3)).
Establishing a penalty for a specific CGWSA regulation, as
proposed by SB 211, sets a precedent for setting various
penalties for other CGWSA requirements and decreases ARB
flexibility in setting penalties for violations.
4) Outstanding issues . As noted above, current law already
provides civil penalty authority, despite a focus by the
author and supporters on criminal penalties also allowed
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under current law, and sets a precedent. If the committee
believes that a civil penalty should be specified for the
UVT regulation, then higher penalties should be specified,
current penalties for knowingly and intentionally
falsifying records should not be affected, and ARB
authority to convert a violation into the number of days of
violation should be retained.
SB 211 specifies that a customer is not subject to civil or
criminal penalties for violating the UVT regulation.
However, a customer is only affected under the UVT
regulation by declining to have inflation checked and
affirming that the tire has been checked in the last 30
days or will be checked in the next seven days.
Prohibiting a customer penalty has an unintended
consequence of enabling an ASP to simply have a customer
decline the service through a simple checkoff to avoid ASP
compliance with the regulation. Therefore, lines 28
through 30 on page 3 should be stricken (in this case the
customer would only be subject to the more limited ASP
penalties - assuming there is even a way for ARB to
penalize a customer).
Finally, if the Committee believes new civil penalties should
be set under this bill, all provisions of this bill should
sunset within a certain period (e.g., January 1, 2015), in
order for the Legislature to review how the penalty has
been implemented through information provided in an ARB
report to the Legislature.
SOURCE : Senator Emmerson
SUPPORT : Automotive Service Councils of California,
California Autobody Association, California New
Car Dealers Association, California Retailers
Association, California Tire Dealers
Association, Les Schwab Tire Centers, Rubber
Manufacturers Association, Tire Industry
Association
OPPOSITION : None on file
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