BILL ANALYSIS �
SB 211
Page 1
SENATE THIRD READING
SB 211 (Emmerson and Harman)
As Amended June 20, 2011
Majority vote
SENATE VOTE :39-0
NATURAL RESOURCES 9-0 APPROPRIATIONS 16-0
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|Ayes:|Chesbro, Knight, |Ayes:|Fuentes, Harkey, |
| |Brownley, Dickinson, | |Blumenfield, Bradford, |
| |Grove, Halderman, Hill, | |Charles Calderon, Campos, |
| |Monning, Skinner | |Davis, Donnelly, |
| | | |Dickinson, Hall, Hill, |
| | | |Lara, Nielsen, Norby, |
| | | |Solorio, Wagner |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Authorizes tire pressure gauges used to meet the Air
Resources Board (ARB) Under Inflated Vehicle Tires (UVT)
Regulation to be accurate within a range of plus or minus two
pounds per square inch (PSI). Amends the UVT Regulation to
strike "age" from the definition of an "unsafe tire." Sunsets
these provisions January 1, 2017. Specifically, this bill:
1)Authorizes a tire pressure gauge used to meet the requirements
of the UVT Regulation to be accurate within a range of plus or
minus two pounds per square inch of pressure (the same as the
UVT Regulation).
2)Provides that an automotive service providers (ASP) is not
required to inflate a tire that it determines is an "unsafe
tire." Establishes a definition of "unsafe tire" that differs
from the regulation in that it does not include consideration
of age.
3)Sunsets January 1, 2017.
EXISTING LAW :
1)California Global Warming Solutions Act of 2006 (AB 32 (N��ez
and Pavley), Chapter 488, Statutes of 2006) requires ARB:
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a) To determine the 1990 levels of greenhouse gas (GHG)
emissions and approve a limit equivalent to the 1990 level
to be achieved by 2020 (Health and Safety Code (HSC)
Section 38550). ARB must adopt regulations to require
reporting and verification of statewide GHG emissions and
to monitor and enforce compliance (HSC Section 38530). ARB
must adopt rules and regulations to achieve GHG emissions
reductions from sources or categories of sources (HSC
Section 38560);
b) On or before June 30, 2007, to publish and make
available a list of discrete early action GHG emission
reduction measures (HSC Section 38560.5). Regulations to
implement those measures must be adopted on or before
January 1, 2010, and must be enforceable no later than
January 1, 2010;
c) On or before January 1, 2009, to prepare and approve a
scoping plan to achieve the maximum technologically
feasible and cost-effective reductions in GHG emissions by
2020. This plan must be updated at least once every five
years (HSC Section 38561);
d) On or before January 1, 2011, to adopt GHG emission
limits and emissions reduction measures to become operative
beginning January 1, 2012; and,
e) To monitor compliance and enforce any rule, regulation,
order, emission limitation, emissions reduction measure, or
market-based compliance mechanism that it adopts.
2)Under Inflated Vehicle Tires Regulation (UVT) (Section 95550
in Title 17 of the California Code of Regulations):
a) Requires all automotive service providers (ASP)
performing or offering to perform automotive maintenance or
repair services in California to inflate tires on vehicles
with a gross vehicle weight rating of 10,000 pounds or less
to the recommended tire pressure rating. Requires ASPs to:
i) Check and inflate each vehicle's tires to the
recommended tire pressure rating;
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ii) Indicate on the vehicle service invoice that the
inflation service was completed and the measurements
after the service was performed;
iii) Have access to a Tire Inflation Record current
within three years of publication;
iv) Keep a copy of the invoice for three years; and,
v) Perform the tire pressure service using a tire
pressure gauge with a permissible error no greater than
plus or minus two pounds per square inch.
b) Provides exceptions for customers wishing to opt out of
the service if such a service has been completed within the
past 30 days or will be performed within the next seven
days;
c) Provides that an ASP need not complete the check if the
tire is deemed to be "unsafe." An "unsafe tire" is defined
as any tire considered unsafe in accordance with standard
industry practices, due to tire tread wear, age, tread
irregularity, or damage. Examples include any tire with
exposed ply or cord, sidewall crack, bulge, knot, or ply
separation; and,
d) Provides for penalties and injunctions for violations.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to a Rubber Manufacturers Association study
conducted in 2010, 55% of all vehicles have at least one
significantly under inflated tire. As well as seriously
reducing the vehicle's handling capabilities, under inflation
can cause irreparable damage, reduce tread life, and force the
engine to work harder, thus increasing the amount of fuel
needed. The United States Department of Energy (DOE) states
that gas mileage can be improved by up to 3.3% by having
properly inflated tires.
The DOE, the California Energy Commission, and the National
Highway Traffic Safety Administration (NHTSA) state that every
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one pound per square inch drop in tire pressure equals and
approximate 0.4% drop in a vehicle's gas mileage. According to
the United States Environmental Protection Agency (US EPA), a
gallon of gasoline is assumed to produce 8.8 kilograms (19.4
pounds) of carbon dioxide (CO2). The Under Inflated Vehicle
Tire Regulation could save Californians a minimum of 61 million
gallons of fuel in 2010, which equates to 0.54 million metric
tons (MMT) CO2, and 22.5 million gallons and 0.2 MMT CO2 in
2020.
Pursuant to AB 32, ARB passed nine early-action GHG reduction
measures including tire inflation. The UVT Regulation was
approved by the Office of Administrative Law on August 30, 2010,
and the regulation went into effect on September 1, 2010. The
purpose of the regulation is to reduce GHG emissions from
vehicles with underinflated tires by inflating them to the
recommended tire pressure, and applies to all ASPs.
Beginning September 1, 2010, the regulation requires all ASPs at
the time of performing any automotive maintenance or repair
service to check and inflate each vehicle's tires to the
recommended tire pressure rating using a tire pressure gauge
with a total permissible error no greater than plus or minus two
PSI. The regulation provides exceptions for customers wishing
to opt out of the service if such a service has been completed
within the past 30 days or will be performed within the next
seven days. The regulation also provides for penalties and
injunctions for violations.
The regulation also provides that an ASP need not check a tire
if it is deemed "unsafe." NHTSA research shows that old tires
are subject to greater stress, which increases the likelihood of
catastrophic failure. The NHTSA notes that some tire and
vehicle manufacturers have issued recommendations for replacing
tires that range from six to ten years of age, and advises
consumers to check with their tire or vehicle manufacturer for
specific guidance. While the NHTSA has conducted tests
regarding the relationship between tire age and tire failure,
they have not yet adopted a national standard regarding tire
safety and age.
The gauge authorization is included in ARB's UVT Regulation.
This bill codifies the regulation until January 1, 2017. The
sunset date does not dispose of the authorization in 2017
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because it is still in the regulation and therefore still
applicable. The Senate Environmental Quality Committee wrote in
its analysis that all provisions of this bill should sunset
within a certain period in order for the Legislature to review
their appropriateness in the future.
According to the author, eliminating "age" from the definition
of "unsafe tire" closes a loophole in the mandatory regulation.
Presently, an ASP may refuse to check a tire based on an
arbitrary decision because there are no state or national
standards regarding tire safety and age. So, under the bill,
unlike the regulation, ASPs would be required to check and
inflate a tire, without regard to age, unless the tire was
determined unsafe due to tread wear, tread irregularity, or
damage.
Analysis Prepared by : Lynn Kirshbaum and Mario DeBernardo /
NAT. RES. / (916) 319-2092
FN: 0001676