This was copied from "Bikers of America" web site. Go there to read the whole thing.. It does appear that older bikes are exempt
Sunday, June 27, 2010
SB 435 bill analysis
OFF THE WIRE
Date of Hearing: June 28, 2010
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
SBPCA Bill Id: SB 435 (Author

avley) – As Amended: Ver: June 22, 2010
SENATE VOTE: Not relevant
SUBJECT: Motorcycle exhaust system federal noise labels
SUMMARY: Makes it a crime for a person to park, use, or operate a motorcycle, registered in the state that is manufactured on and after January 1, 2011, that does not have a federal U.S. Environmental Protection Agency (EPA) noise emission control label. Specifically, this bill:
1) Requires that a registered motorcycle manufactured on and after January 1, 2011, and operating within the state, have a federal U.S. EPA noise emission label.
2) Establishes that a violation of the labeling requirement is a mechanical violation and a peace officer is prohibited from stopping a motorcycle solely on a suspicion of a violation of this labeling requirement. Requires a peace officer to cite a violation of this law as a secondary infraction.
3) Requires that a person issued a notice to appear or to whom a complaint is filed, to produce a proof of correction.
4) Establishes a violation of this law as punishable by the same fine that is currently established pursuant to the equipment anti-tampering law.
Availability of parts and effective date: The availability of aftermarket replacement exhaust mufflers from 1990 to 2000 and newer was difficult to determine with any amount of reliability. For the most part, it appeared that replacement equipment that is compliant with the federal noise labeling regulations, likely due to the lack of federal oversight and enforcement, was not consistently available upon questioning of workers at motorcycle part stores. Accordingly, it was determined that it would be unfair and impracticable upon owners of older year motorcycles to require older year models to operate with federally noise compliant exhaust systems. Taking a reasonable, modest, and proscriptive approach, this bill's requirements will be imposed upon motorcycles beginning with 2011 and thereafter.