BILL NUMBER: SB 1651 INTRODUCED 02/13/98
INTRODUCED BY Senator Polanco
AMENDED IN SENATE APRIL 21, 1998
AMENDED IN SENATE APRIL 13, 1998
FEBRUARY 13, 1998
An act to add Chapter 11.5 (commencing with Section 21900) to Division 8 of the Business and Professions Code, relating to leaf blowers.
LEGISLATIVE COUNSEL'S DIGEST
SB 1651, as amended, Polanco. Leaf blowers.
Existing law provides for the regulation of specified businesses and professions and provides for certain special business regulations.
This bill would provide for the regulation of leaf blowers by the Department of Consumer Affairs. It would require the department to establish by rule, by July 1, 1999, a program governing the certification of leaf blowers, which would be applicable to all makes and models of leaf blowers sold in the state, and to leaf blowers used for commercial purposes, on or after January 1, 2000. This bill would allow homeowners to continue to use nonqualifying models on their own property on or after January 1, 2000. This bill would require the department to certify leaf blowers as meeting a specified maximum noise level standard, based upon data provided by manufacturers under penalty of perjury. By expanding the scope of the existing crime of perjury, this bill would impose a state-mandated local program. This bill would also make it a crime to violate any of these new provisions, thereby imposing a state-mandated local program. This bill would provide that certain duly adopted local initiative measures, containing more stringent requirements on the hours or manner of use of leaf blowers than are contained in the bill's provisions, would supersede the bill's provisions in those local jurisdictions. It would also provide legislative findings and declarations with respect to these provisions. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
SECTION 1. Chapter 11.5 (commencing with Section 21900) is added to Division 8 of the Business and Professions Code, to read:
CHAPTER 11.5. LEAF BLOWERS
21900. The department shall establish by rule, by July 1, 1999, a program governing the certification of leaf blowers that meet the standard specified in Section 21901. The department may impose a reasonable fee on manufacturers that sell leaf blowers in the state for purposes of establishing and maintaining the programs.
21901. All makes and models of leaf blowers sold in the state on and after January 1, 2000, shall be certified by the department, using data provided by the manufacturer under penalty of perjury as being true and accurate, as meeting a maximum noise level standard of 65 dBA measured at a distance of 50 feet, in accordance with American National Standard Institute (ANSI) Standard B 175.2. For purposes of this chapter, the ANSI standard shall be considered a protocol for measuring noise levels that applies to all leaf blowers regardless of fuel source.
21902. On and after January 1, 2000, all persons using leaf blowers for commercial purposes shall use only models that are tested and certified by the department to the ANSI standard specified in Section 21901. Persons using leaf blowers for residential purposes may continue to use models on their own property that are not tested and certified to that standard.
21903. (a) No city, county, or city and county may regulate the use of leaf blowers, except between the hours of 6 p.m. and 8 a.m. on weekdays and between the hours of 5 p.m. and 9 a.m. on weekends.
(b) Notwithstanding subdivision (a), a city, county, or city and county, may do both of the following:
(1) Regulate the manner of use of leaf blowers pursuant to, among other things, restrictions on blowing and disposal of debris onto adjoining property or into public streets, sidewalks, or gutters.
(2) Require leaf blowers used for commercial purposes in that local jurisdiction on and after January 1, 2000, to be tested and certified by an independent testing facility approved by the department every two years.
(c) (c) Notwithstanding subdivision (a), a local initiative that is qualified for a local ballot by the necessary number of signatures as required by state law, the primary purpose of which is to place more stringent requirements on the hours or manner of use of leaf blowers than are contained in this chapter, and which is adopted by a majority of voters at a regularly scheduled election in the local jurisdiction, shall take effect as provided in the initiative, and shall supersede the provisions of this chapter.
21904. A violation of any of the provisions of this chapter is an infraction punishible by the following fines:
(a) One hundred dollars ($100) for the first violation in any year.
(b) Two hundred dollars ($200) for the second violation in any year.
(c) Five hundred dollars ($500) for the third violation in any year and for each subsequent violation in any year.
21905. The legislature finds and declares that the permissible noise level of leaf blowers as provided in this chapter is in need of uniform state regulation and constitutes a matter of statewide concern that shall be goverened solely by this chapter.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.