BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1085|
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THIRD READING
Bill No: AB 1085
Author: Mendoza (D)
Amended: 8/31/09 in Senate
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 7-0, 6/22/09
AYES: Simitian, Runner, Ashburn, Corbett, Hancock,
Lowenthal, Pavley
SENATE APPROPRIATIONS COMMITTEE : 10-0, 7/13/09
AYES: Kehoe, Cox, Corbett, Denham, Leno, Price, Walters,
Wolk, Wyland, Yee
NO VOTE RECORDED: Hancock, Oropeza, Runner
ASSEMBLY FLOOR : 76-0, 5/28/09 - See last page for vote
SUBJECT : State Air Resources Board: regulations
SOURCE : California Trucking Association
DIGEST : This bill requires the Air Resources Board (ARB)
to make available to the public all technical data used in
the development of a proposed regulation before ARB's
comment period for the proposed regulation.
Senate Floor Amendments of 8/31/09 prohibit the Air
Resources Board (ARB) from releasing information submitted
by those entities submitting comments to proposed
regulations promulgated by the ARB that is proprietary,
confidential, or otherwise protected business information.
CONTINUED
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The amendments also provide that, if necessary, the ARB may
release the information in an aggregated form if it
provides the above protections.
ANALYSIS : Existing law:
1.Pursuant to the Administrative Procedures Act establishes
the requirements for the adoption, publication, review
and implementation of regulations promulgated by state
agencies and does the following:
A. Authorizes an agency considering the adoption of a
new regulation or amending or repealing an existing
one to consult with interested parties before
initiating the regulatory action.
B. Requires an agency to involve parties who would be
subject to the regulation before publishing a notice
of proposed action, if the proposed regulations
involve complex proposals or a large number of
proposals.
2.Pursuant to various air quality related statutes,
requires the ARB to adopt and enforce regulations to
reduce air pollution and to meet state and federal
ambient air quality standards.
This bill requires ARB to make available to the public all
information used in the development of regulations,
including, but not limited to, information on air
emissions, public health impacts and economic impacts
before the formal regulation comment period begins. These
provisions are not intended to supersede provisions of the
Public Records Act or the Administrative Procedure Act, as
provided.
Comments
According to the author's office:
This bill is necessary to compel the ARB to finalize
and verify the data used to justify their regulations
before the comment period starts. The contention is
that this will provide for adequate time for
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stakeholders to access the information and provide
informed and accurate comments regarding the pending
regulations.
During the development of the Private Fleet Rule and
On-Road Green House Gas reduction regulations, ARB
staff was repeatedly asked to provide the data used
for the benefit assumptions associated with the
regulations. The request was finally granted and the
data was released one day before the hearing. The
data received was on a DVR and totaled over 300
megabytes. There was nowhere near enough time for
stakeholders to review or even propose an alternative
using this data. Even though the request was made
within the 45-day comment period, which would have
given stakeholders enough time to review it, nothing
required ARB to release the data prior to the comment
period for public review.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11
2011-12 Fund
Posting information Less than $100 per
yearSpecial*
*Air Pollution Control Fund
SUPPORT : (Verified 9/1/09)
California Trucking Association (source)
American Council of Engineering Companies, California
Building Owners and Managers Association of California
California Association of Realtors
California Building Industry Association
California Business Properties Association
California Chamber of Commerce
California Dump Truck Owners Association
California Forestry Association
California Grocers Association
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California Independent Oil Marketers Association
California League of Food Processors
California Manufacturers & Technology Association
California Retailers Association
California Taxpayers' Association
Industrial Environmental Association
International Council of Shopping Centers
League of California Cities
National Association of Office and Industrial Properties
National Federation of Independent Business
NuCal Foods
Regional Council of Rural Counties
Solid Waste Association of North America
Valley Industry & Commerce Association
Western Power Trading Forum
Western States Petroleum Association
Wine Institute
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Emmerson, Eng, Feuer, Fletcher, Fong, Fuentes,
Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore,
Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber,
Huffman, Jeffries, Jones, Knight, Krekorian, Lieu, Logue,
Bonnie Lowenthal, Ma, Miller, Monning, Nava, Niello,
Nielsen, John A. Perez, V. Manuel Perez, Portantino,
Price, Ruskin, Salas, Saldana, Silva, Skinner, Smyth,
Solorio, Audra Strickland, Swanson, Torlakson, Torres,
Torrico, Tran, Villines, Yamada, Bass
NO VOTE RECORDED: Duvall, Evans, Mendoza, Nestande
TSM:nl 9/1/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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