BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 211|
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THIRD READING
Bill No: SB 211
Author: Emmerson (R), et al
Amended: 05/10/11
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 5-0, 3/29/11
AYES: DeSaulnier, Gaines, Harman, Huff, Rubio
NO VOTE RECORDED: Kehoe, Lowenthal, Pavley, Simitian
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 5-0, 5/2/11
AYES: Simitian, Blakeslee, Kehoe, Lowenthal, Pavley
NO VOTE RECORDED: Strickland, Hancock
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : California Global Warming Solutions Act of
2006: tire
inflation regulation
SOURCE : Author
DIGEST : This bill, until January 1, 2017, authorizes the
tire pressure gauges used to meet the Under Inflated
Vehicle Tires regulation be accurate within a range plus or
minus two pound per square inch.
ANALYSIS : AB 32 (Nunez/Pavley), Chapter 488, Statutes of
2006, charged the State Air Resources Board (ARB) with
monitoring and regulating sources of greenhouse gas (GHG)
emissions in order to reduce GHG to 1990 levels by the year
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2020. The transportation sector produces 38 percent of
human-induced GHG in California, and passenger vehicles
account for 74 percent of the transportation emissions.
In order to address GHG emissions in the near-term, ARB
identified nine early-action measures, one of which was the
Under Inflated Vehicle Tires regulation that it developed.
Under-inflated tires contribute to GHG emissions by
increasing tire rolling resistance, and therefore, reducing
fuel efficiency.
On August 30, 2010, the Office of Administrative Law
adopted the Under Inflated Vehicle Tires regulation
(Section 95550 of Title 17 of the California Code of
Regulations), which became effective on September 1, 2010.
The regulation defines an Automotive Service Provider (ASP)
and requires ASPs to check and inflate the tires of each
passenger car brought in for service to within two (2)
pounds per square inch (psi) of the recommended tire
pressure rating. The ASP is required to indicate tire
inflation service on a vehicle service invoice and keep
these invoices for a minimum of three years.
A customer may decline tire inflation service if the
customer can "affirm" that he or she performed a tire
pressure check and inflation service within the last 30
days or that he or she will perform a tire pressure check
and inflation service within the next seven days. In the
event that a customer declines service, the ASP is required
to indicate why tire inflation service was not performed on
the vehicle service invoice.
The Under Inflated Vehicle Tires regulation also states
that penalties may be assessed on an ASP, according to
existing statutory penalty provisions for air pollution
emissions, if the regulation is not followed. For
vehicular air pollution, existing statutory provisions
impose civil or administrative penalties on "motor vehicle
fuel distributors" of $1000 per day to upwards of $250,000
per day, depending on the offense. ARB cites the same
penalty code for any vehicle air pollution regulation.
ARB staff indicates, however, that ARB has yet to develop
an enforcement plan for the Under Inflated Vehicle Tires
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regulation, but any potential enforcement will not take
place until after January 1, 2012. This allows time for
education and outreach to ASPs on the requirements of the
regulation. ARB staff further indicate that the
aforementioned penalties are maximum penalties, and air
pollution penalties are determined considering a number of
factors, including but not limited to: the extent of harm
caused by the violation, nature and persistence of the
violation, length of time and frequency of the violation,
the financial burden on the violator, and actions taken to
mitigate the violation.
ARB staff assert that penalties will be assessed on ASPs,
not vehicle drivers or owners, and that ASPs that
occasionally fail to offer check and inflate service or
properly mark an invoice would not be cited unless other
known violations have occurred.
This bill, until January 1, 2017, authorizes the tire
pressure gauges used to meet the Under Inflated Vehicle
Tires regulation be accurate within a range plus or minus
two pound per square inch.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/23/11)
Automotive Service Councils of California
California Autobody Association
California New Car Dealers Association
California Retailer Association
Les Schwab Tire Centers
Rubber Manufacturers Association
Tire Industry Association
ARGUMENTS IN SUPPORT : According to the author's office,
penalties for the Under Inflated Tires regulation far
outweigh the offense. This bill amends the law so that
'misinflating' tires is non-criminal, minor infractions,
and codifies accuracy specifications for tire pressure
gauges used by automotive service providers. The author's
office believes that "by codifying the accuracy
specifications, the industry will be given comfort that the
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specifications cannot be altered at some future date
without prior legislative approval."
JJA:do 5/23/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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