BILL ANALYSIS �
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THIRD READING
Bill No: SB 1076
Author: Emmerson (R)
Amended: 5/29/12
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 6-0, 4/16/12
AYES: Simitian, Blakeslee, Hancock, Kehoe, Lowenthal,
Pavley
NO VOTE RECORDED: Strickland
SENATE TRANSPORTATION & HOUSING COMMITTEE : 9-0, 4/24/12
AYES: DeSaulnier, Gaines, Harman, Kehoe, Lowenthal,
Pavley, Rubio, Simitian, Wyland
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/24/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
SUBJECT : Tire inflation regulations
SOURCE : Author
DIGEST : This bill requires Automotive Service Providers
(ASP) to use tire pressure gauges that are accurate within
a range of plus or minus two pounds per square inch of
pressure and sunsets on January 1, 2018.
ANALYSIS : AB 32 (Nunez, Pavley), Chapter 488, Statutes
of 2006, charged the Air Resources Board (ARB) with
monitoring and regulating sources of greenhouse gas (GHG)
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emissions in order to reduce GHG to 1990 levels by the year
2020. The transportation sector produces 38% of
human-induced GHG in California, and passenger vehicles
account for 74% of the transportation emissions.
In order to address GHG emissions in the near-term, ARB
identified nine early-action measures, including the Under
Inflated Vehicle Tires (UVT) regulation. 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 UVT regulation (Section 95550 of Title 17 of
the California Code of Regulations), which became effective
on September 1, 2010. The regulation defines an ASP and
requires ASPs to check and inflate the tires of each
passenger car brought in for service to within two pounds
per square inch (psi) of the recommended tire pressure
rating. The UVT regulation requires an ASP to indicate
tire inflation service on a vehicle service invoice and
keep these invoices for a minimum of three years.
The UVT regulation exempts an ASP from checking and
inflating a tire if the ASP determines that the tire is
unsafe. An unsafe tire, as defined in the regulation, is
any tire determined so 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.
This bill requires ASP tire pressure gauges to be accurate
within a range of plus or minus two psi of pressure and
sunsets on January 1, 2018.
Comments
Purpose of this bill . The author introduced this bill to
close a loophole in current state UVT regulations. Because
there are no state or national standards relative to tire
safety and age, the author contends that ASPs can easily
refuse to check and inflate a tire based upon a fairly
large spectrum of independent, arbitrary decisions.
Furthermore, the tire industry is still waiting for
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National Highway Traffic Safety Administration (NHTSA) to
adopt a national standard regarding tire safety and age.
Governor's veto . Except for one difference, this bill is
essentially the same as last year's SB 211 (Emmerson,
2011), which passed the Senate Transportation and Housing
Committee (5-0) on March 29, 2011, but which the Governor
ultimately vetoed. The only difference is that this bill
includes a requirement that ARB adopt regulatory language
regarding tire age and safety that is consistent with any
future federal regulations adopted by NHTSA.
In his veto message of SB 211, Governor Brown expressed
clear opposition to SB 211, stating that it is "both
unnecessary and omits a significant factor relating to
public highway safety." He went on to state the bill
"unnecessarily limits ARB's ability to revise the
regulation in the future? Furthermore, by eliminating 'age'
as a factor bearing on a tire's safety, the bill seeks to
circumvent the rulemaking process and? disregards the
stakeholder participation and transparency that were
exercised during the rulemaking process."
The author indicates that, in order to address the
Governor's concerns, he has had conversations with the
Governor's Office and believes that there is a pathway to
obtaining the Governor's signature.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/29/12)
California Tire Dealers Association
Les Schwab Tires
DLW:kc 5/29/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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