BILL ANALYSIS �
SB 1076
Page 1
SENATE THIRD READING
SB 1076 (Emmerson)
As Amended June 19, 2012
Majority vote
SENATE VOTE :38-0
TRANSPORTATION 13-0 APPROPRIATIONS 17-0
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|Ayes:|Bonnie Lowenthal, |Ayes:|Fuentes, Harkey, |
| |Jeffries, Achadjian, | |Blumenfield, Bradford, |
| |Blumenfield, Bonilla, | |Charles Calderon, Campos, |
| |Buchanan, Eng, Galgiani, | |Davis, Donnelly, Gatto, |
| |Logue, Wagner, Norby, | |Hall, Hill, Lara, |
| |Portantino, Solorio | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Establishes standards for tire pressure gauges and
conditions when tires do not warrant checking. Specifically,
this bill :
1)Requires Automotive Service Providers (ASPs) to use tire
pressure gauges that are accurate within a range of plus or
minus two pounds per square inch of pressure.
2)Establishes that an ASP is not required to check and inflate a
vehicle's tire if the tire shows any of the following:
a) Damage penetrating or exposing the reinforcing plies,
including cuts, cracks, punctures, or excessive wear;
b) Tread depth worn to 2D32 of an inch or less on any area
of the tread;
c) Indication of internal separation, such as a bulge, a
local area of irregular tread wear indicating possible
tread or belt separation, or damage of reinforcing plies;
and,
d) Defacement or removal of a U.S. Department of
Transportation tire identification number.
SB 1076
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1)Declares the intent of the Legislature that the above list is
exclusive and exhaustive.
2)Sunsets the bill's provisions on January 1, 2018.
EXISTING LAW :
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. Requires ARB to 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.
2)Requires 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, requires ARB to
adopt regulations to implement these early action measures no
later than January 1, 2010.
3)Establishes, pursuant to ARB regulation and as an early action
measure relating to reducing GHG emissions, the underinflated
vehicle tire regulation that requires ASP to inflate tires to
the recommended tire pressure rating or not check and inflate
tires if the tires are in an unsafe condition. Requires ASP
to perform the tire pressure service using a tire pressure
gauge with a total permissible error no greater than plus or
minus two pounds per square inch (psi). Defines "unsafe tire"
to mean "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."
FISCAL EFFECT : According to the Assembly Appropriations
Committee, negligible, if any, state costs.
COMMENTS : According to the author's office, this bill seeks to
codify the requirement under ARB's underinflated vehicle tire
SB 1076
Page 3
program (UVTP) that ASPs must inflate their customers' tires
using a tire pressure gauge that must be accurate within two
psi. The author contends that this standard was a significant
compromise between the industry and ARB and do not want this
standard changed in the regulation. This bill also seeks to
provide some clarity when a tire, due to its condition, is too
dangerous for ASPs to inflate.
On September 1, 2010, ARB adopted its UVTP as an early-action
measure to achieve GHG reductions as required by AB 32 (Nunez
and Pavley) Chapter 488, Statutes of 2006. These regulations
require an ASP to check and inflate the tires of each passenger
car brought in for service, unless the ASP determines that the
tire is unsafe. An "unsafe tire" is defined in the regulation
as a tire determined unsafe due to tire tread wear, age, tread
irregularity, or damage.
According to ARB, the UVTP 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.
Les Schwab Tire Centers, writing in support of this bill,
contends that "This is essentially a consumer protection bill.
ARB admits there is no consensus within the tire industry
regarding tire age and safety, yet it insists on mandating "age"
as a safety standard. This has caused widespread confusion
within the industry and will probably result (if it hasn't
already) in a type of consumer fraud where an unscrupulous
industry member will inform a consumer that he or she needs new
tires due to a self-serving "age" standard when, in fact, the
tires are still safe and functional. Regrettably, ARB's primary
concern in establishing the regulation is hydrocarbon reduction
and not the prevention of consumer fraud."
This bill attempts to clarify when a tire does not have to be
checked and inflated without the use of age as a guide. This
bill is substantially similar to SB 211 (Emmerson) of 2011,
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Page 4
which was vetoed by the governor. In his veto message, the
governor indicated that SB 211 "codifies a tire gauge accuracy
requirement that is already in regulation and removes tire age
as a consideration by the automotive service providers when
determining whether a tire is unsafe for use. This bill is both
unnecessary and omits a significant factor relating to public
highway safety? Placing provisions of ARB's regulation into
statute unnecessarily limits ARB's ability to revise the
regulation in the future to ensure that it achieves the greatest
air quality improvements and greenhouse gas emission reductions
possible without legislative action. Furthermore, by
eliminating "age" as a factor bearing on a tire's safety, the
bill seeks to circumvent the rulemaking process and overlooks
significant evidence that age could degrade the performance
capabilities of a tire. In this way, the bill disregards the
stakeholder participation and transparency that were exercised
during the rulemaking process."
This bill appears to be a second attempt to undo the ARB's UVTP
regulation relative to the determination of an "unsafe" tire and
does not seem to address the concerns as expressed by the
governor in his veto message. Furthermore, the majority of ASPs
that provide automotive services other than tire manufacturers
and sellers are not concerned with the current ARB regulations
and have not indicated support of this bill. Lastly, this bill
is opposed by the Consumer Attorneys of California who contend
it lessens consumer safety.
Analysis Prepared by : Ed Imai / TRANS. / (916) 319-2093
FN: 0004935