Proposition 65 & Toxic Substances Control Act (TSCA)

Proposition 65 Policy Position

California Proposition 65 requires all businesses with more than ten employees to warn consumers if their products contain threshold amounts of chemicals causing cancer or reproductive harm. The warning requirement applies to any business in the distribution chain, including manufacturers, distributors and retailers, including out-of-state companies selling products in California.

While the California Attorney General or a district attorney can pursue enforcement, most suits are brought by private parties claiming to be "acting in the public interest," who will receive a portion of the fine or settlement ultimately assessed on the alleged violation. Too often, these suits feel like a shakedown as they are expensive to fight, and defendants are forced to settle.

SEMA can assist members in finding laboratories that can test their products for listed chemicals. Laboratory testing is relatively inexpensive and determines if your product contains a listed chemical and how much. SEMA is actively promoting legislation and regulations to decrease the cost of Proposition 65 compliance and is working with the California Office of Environmental Health Hazard Assessment to push for less onerous labeling requirements. SEMA is also active in the Proposition 65 Coalition of the California Chamber of Commerce and is looking for any opportunity to create a friendlier regulatory environment in California.

TSCA Policy Position

The Toxic Substances Control Act (TSCA) is the primary federal statute governing the evaluation, regulation, and restriction of industrial chemicals in the U.S. It grants the U.S. Environmental Protection Agency (EPA) authority to oversee chemicals used in manufacturing, processing, and commerce to protect human health and the environment.

Although Congress through a 2016 updates to the TSCA intended to protect replacement parts, the EPA has applied the exemption inconsistently, at times allowing upstream chemical restrictions that effectively negate downstream exemptions and create replacement-part shortages. Because EPA can regulate chemicals at any point in the supply chain, these upstream bans can disrupt access to materials needed for replacement parts.

SEMA, the Alliance for Automotive Innovation, and other industry groups are advocating for Congress to clarify and strengthen TSCA’s statutory exemption for replacement parts used in complex durable goods. We are seeking a “repair as produced” approach that would allow manufacturers to continue using materials approved at the time a product was originally designed to meet long-term repair, service, and warranty obligations. SEMA, AAI, and the other groups propose making the exemption self-executing and presumptive, permitting limited chemical production solely for replacement parts unless EPA demonstrates that such use significantly contributes to unreasonable risk.

Learn More

California Proposes New Rules Affecting Businesses Selling in the State

OEHHA Proposition 65 Page

Listed Chemicals

California Attorney General Proposition 65 website

List of AG Settlements Regarding Proposition 65

Current Proposition 65 Statutes

Proposition 65 Regulations

TSCA Letter

Articles

Policy Position

SEMA supports land use policies that provide reasonable motorized recreational access to public lands so that off-road enthusiasts can responsibly enjoy their passion. SEMA understands these decisions must balance, sometimes-conflicting needs for land access and conservation. While SEMA supports necessary land conservation to protect public lands unsuitable for motorized recreation, the association opposes land use policies that unnecessarily limit access, such as wilderness and national monument designations that are larger than needed to protect unique natural resources.

SEMA supports federal legislation that streamlines the process and expenses associated with obtaining special recreation permits, makes maps of all lands where vehicles are allowed and prohibited available to the public, and ensures that gas taxes paid by OHV users are reinvested in roads and trails. It is important that land use decisions, including national monument designations and wilderness, are supported by local and state officials and that the motorized recreation community is consulted. These trails and lands draw tens of millions of visitors annually, stimulating local economies across the county and spurring economic development. Every year, off-roading accounts for $68 billion in direct spending, Americans spend $23 billion to modify trucks and SUVs, and Motorcycling & ATVing have a $16.2 billion economic impact. There must be legislation to protect this vital American industry.

These legislative priorities are designed to ensure that millions of Americans and their families are able to continue to enjoy off-roading, snowmobiling, overlanding, hiking, bicycling, and cross-country skiing.

Learn More

OHV One-Pager

SEMA Action Network Off-roading resources

State-by-State Economic Impact of Outdoor Recreation

Oceano Dunes

Saving the Bonneville Salt Flats

Outdoor Recreation Roundtable

Off-Road Business Association, Inc.

Articles

Policy Position

For decades, recreationists and off-roaders have enjoyed riding motorized vehicles, from trucks and SUVs to dune buggies and quads, at California's Oceano Dunes State Vehicular Recreation Area. However, the California Coastal Commission plans to abolish off-highway vehicle (OHV) access by 2024.

SEMA is fighting this lawsuit and reaffirms its support for off-roaders to have continued access to California's only OHV park.

Modernized recreation at Oceano Dunes is a significant economic driver for the local economy, generating over $200 million yearly from money spent at stores, hotels, restaurants, and gas stations. These restrictions will put an unfair burden on the residents and small business owners who rely on this industry for their livelihood.

The Commission's opposition cites environmental and health arguments against the airborne particulate matter (dust) kicked up by modernized recreation vehicles. SEMA challenges the scientific basis for the claims with a recent study finding that no toxic compounds are associated with the particulate matter at Oceano Dunes.

The move to phase out motorized recreation is also unlawful as the Commission is locked in a jurisdiction debate over the Dunes with the California Department of State Parks and Recreation. SEMA supports the state legislature mandate that California State Parks have the authority to manage the area for OHV use, giving the Commission no authority to make this ruling.

Litigation Update

SEMA's joint lawsuit with EcoLogic Partners—a legal collaboration between the Off-Road Business Association (ORBA), American Sand Association, and American Motorcyclist Association District 37—is scheduled for a June 15, 2023 court hearing and it will be a key moment in the fight to protect motorized recreational access around the country.

Learn More

The Battle to Save Oceano Dunes Continues

California employee reports misspending and malfeasance at Oceano Dunes

OHV One-Pager

Articles

Policy Position

The United States has a 50-state patchwork of exhaust noise laws, with every state having its own metric for determining whether a car is too loud. Many states have subjective laws that say a car is too loud if it makes "excessive noise" without defining what that means. When states enact overly vague or poorly worded laws pertaining to vehicle noise, it can have a chilling impact on the ability of SEMA members that produce aftermarket exhaust products to sell and install their products. On the other hand, California has implemented SEMA's model legislation, which sets a limit of 95 decibels using an objective testing method to determine if a car is too loud. SEMA supports this model and advocates that other states adopt similar laws regarding noise ordinances.

Noise cameras are an emerging technology that's increasingly used to determine whether a vehicle is in compliance. SEMA has raised concerns about this technology and does not support its premature implementation for two reasons. First, like a red light camera, these noise cameras take photos when a vehicle is above the specified decibel level. However, if multiple cars are simultaneously on the road, there is no definitive way to determine which car is in violation. This can result in unfair ticketing of drivers. Secondly, when implemented in urban areas, tall buildings can reflect and amplify the sound, making it even more challenging to determine if a vehicle is in violation.

SEMA supports further research into this technology and believes that it should only be introduced once all the concerns associated with the pilot are addressed.  

Learn More

Exhaust Laws by State

SEMA Op-Ed: COVID-19's Unexpected Automotive Consequences

California Lawmakers Amend Exhaust Noise Camera Bill

SEMA's Model Legislation