SEMA Action Network

 New Legislators, New Bills and New Challenges

LEGISLATIVE QUICK HITS

California Smog-Check Program: Governor Arnold Schwarzenegger signed into law a bill to revamp California’s smog-check program. No earlier than January 1, 2013, smog-check stations will be required to measure the emissions of model-year ’00 and newer vehicles using onboard diagnostic testing. The new law also directs that a procedure be developed for testing vehicles that are not able to be tested through an onboard diagnostic computer system.

California Greenhouse Gases: California voters rejected Proposition 23 with a resounding 61% “no” vote. Many proponents of the failed measure jumped ship to support its less controversial cousin: Proposition 26. Proposition 23 would have suspended implementation of California’s “Global Warming Solutions Act of 2006.” The state would not have been able to pursue regulations intended to reduce greenhouse gas emissions, such as cap-and-trade. Proposition 26 serves the function of delaying or preventing any new or increased fees including, but not limited to, fees associated with the implementation of the Global Warming Solutions Act. New fees will now require approval by two-thirds of the state legislature or two-thirds of registered voters. Prior to the passage of Proposition 26, lawmakers were able to balance the state budget and introduce laws that were revenue neutral with a simple majority. Under Proposition 26, a new super-majority of voters will be necessary for these measures.

Iowa Fenders: As of October 13, 2010, Iowa street rods, replicas and specially constructed vehicles are no longer required to be equipped with fenders and bumpers. Previous Iowa inspection requirements for these specialty cars specified that all vehicles were to be equipped with fenders and required a front and rear bumper. In altering the fender and bumper specifications, regulators signaled their understanding that street rods and special interest vehicles are driven less frequently than daily drivers (about one-third the miles each year) and should therefore not be bound to conventional equipment requirements.

Michigan Racing Bill: SAN-supported legislation that would have allowed any municipality to issue a permit for a sanctioned motor vehicle racing event on highways, streets or airport runways within its geographical jurisdiction was introduced at the end of the 2010 session. Unfortunately, the legislature adjourned before it could be considered. Current Michigan law only allows cities to issue these permits. This bill would have allowed counties, cities, villages or townships to issue similar permits. The measure would have made it easier for event organizers to secure one permit at the county level, rather than securing permits from each government entity—federal, state or local—with jurisdiction along the race route. The bill could return in 2011.

Pennsylvania Registration Fees: SAN-opposed legislation that threatened to increase fees for all vehicle owners was not considered at the end of the 2010 legislative session. Under the proposed bill, general passenger cars would face a $13 increase in their registration fee, while the one-time registration fee for antique, classic and collectible vehicles would have gone up by $27 (from $75 to $102) and the initial registration fee for street rods by $31 (from $20 to $51). Additionally, these fees would have increased again each subsequent year following enactment. This proposal could return in 2011.

Vermont Inspections: SAN submitted comments to a proposed inspection regulation by the Vermont DMV supporting a provision exempting vehicles registered as exhibition vehicles from OBD-II requirements. Under state law, an exhibition vehicle is defined as a motor vehicle maintained solely for use in exhibitions, club activities, parades and other functions of public interest and which is not used for the transportation of passengers or property on any highway, except to attend such functions. SAN also recommended that the exhibition vehicle definition be expanded to include a vehicle used for personal recreational travel not to exceed 2,500 miles per year.

Ethanol (E15) Labeling at Gas Pumps: SAN submitted comments to the Environmental Protection Agency (EPA) to suspend the partial waiver issued last October to permit the sale of gasoline containing 15% ethanol (E15) for ’07 and newer vehicles (the Environmental Protection Agency is still gathering data for the ’01–’06 vehicles). While issuing the waiver, the EPA confirmed that there was insufficient test data to permit E15 to be used in model-year ’00 and older light-duty motor vehicles. SAN has consistently voiced concern that ethanol increases water formation which can corrode metals, plastics and rubber. SAN also voiced opposition to a proposed rule on how to label gas pumps to help prevent vehicle misfueling. No uniform nationwide requirements exists to notify consumers that their gasoline purchase contains ethanol. Labeling rules are subject to state regulation and some states do not require labels. SAN recommended that the Environmental Protection Agency create national labeling requirements for both E15 and E10, and that the E15 warning label be placed clearly on the pump. SAN will continue to oppose E15 until there are conclusive scientific findings that demonstrate that it will not harm automobiles of any age as a result of corrosion or other chemical incompatibilities.

Land Use: The U.S. Bureau of Land Management (BLM) unveiled a regulatory initiative to identify unspoiled back country which can be designated as “wild lands.” SAN opposes this proposal and is closely monitoring the program since it overrides the exclusive authority of Congress to designate “wilderness” as well as prohibit motorized activities in these areas. BLM manages more than 250 million acres across the western United States and Alaska, 22% of which already has the wilderness designation. The Bureau of Land Management has now been directed to review its inventory in search of more wild lands.

Federal Wilderness Designations: A SAN-opposed package of 110 public land, water and wildlife bills was defeated in Congress as the 2010 session came to a close. The legislation would have designated 320,000 acres of land as “wilderness,” closing it off to OHV use. Areas covered in the legislation included the Devil’s Staircase (Oregon), Organ Mountains (New Mexico) and an expansion of the Alpine Lakes Wilderness (Washington). In 2009, Congress set aside more than 2 million acres of new wilderness in nine states, including areas in Joshua Tree National Park, the eastern Sierras, Mt. Hood and Zion National Park.