BILL ANALYSIS Ó
SB 533
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Date of Hearing: June 27, 2011
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
SB 533 (Wright) - As Amended: April 25, 2011
SENATE VOTE : 39-0
SUBJECT : California Global Warming Solutions Act of 2006:
State Air Resources Board regulations
SUMMARY : Requires the Air Resources Board (ARB) to make
specified items required for compliance with California Global
Warming Solutions Act (AB 32) regulations available to the
public at the time of adoption, or 60 days prior to the
compliance date, as applicable.
EXISTING LAW , AB 32, requires ARB to adopt a statewide
greenhouse gas (GHG) emissions limit equivalent to 1990 levels
by 2020 and adopt regulations to achieve maximum technologically
feasible and cost-effective GHG emission reductions.
THIS BILL :
1)Requires ARB, for regulations adopted pursuant to AB 32, to:
a) Publish any implementation schedule required to comply
with the regulation at the time the regulation is adopted.
b) Publish any reporting form, compliance tool, or training
required by the regulation at least 60 days prior to the
date required for compliance.
2)Authorizes ARB to revise an implementation schedule, reporting
form, or compliance tool after the regulation is adopted,
provided it allows at least 60 days to comply with the revised
requirement.
3)Exempts regulations adopted before January 1, 2012.
4)Defines "compliance tool" to include computer models,
databases, algorithms, formulas, forms, software, labels,
protocols, and data required for compliance.
FISCAL EFFECT : According to the Senate Appropriations
SB 533
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Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS :
The AB 32 Scoping Plan is a description of the specific measures
ARB and others must take to meet the objective of AB 32: Reduce
statewide GHG emissions to 1990 levels by 2020. The reduction
measures identified in the Scoping Plan must be proposed,
reviewed, and adopted as individual regulations by January 1,
2011, to become operative beginning on January 1, 2012.
According to the author:
To meet deadlines, ARB regulations have been adopted
without the guidelines, implementation schedules,
procedures, and other relevant compliance mechanisms that
should accompany the regulations in order for regulated
entities to comply or prepare for compliance with the new
regulations. Without a clear compliance path regulated
entities are forced to guess and make decisions without
proper guidance which exposes these entities to potentially
costly noncompliance enforcement actions and penalties.
This bill would require ARB to publish any implementation
schedule required to comply with a regulation at the time the
regulation is adopted and publish any reporting form, compliance
tool, or training required to comply with the regulation at
least 60 days prior to the date required for compliance. SB 533
is substantially similar to SB 1351 (Wright), as amended and
approved by this committee 9-0 on June 28, 2010 and approved by
the Assembly 78-0 on August 12, 2010. SB 1351 was held on
concurrence by the Senate Environmental Quality Committee. This
bill passed the Senate Environmental Quality 6-0 on May 2, 2011.
REGISTERED SUPPORT / OPPOSITION :
Support
California Chapter of the American Fence Association
California Council for Environmental and Economic Balance
(sponsor)
California Chamber of Commerce
California Fence Contractors' Association
California League of Food Processors
California Small Business Association
SB 533
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Engineering Contractors' Association
Flasher Barricade Association
Marine Builders' Association
Southern California Edison
Opposition
None on file
Analysis Prepared by : Lawrence Lingbloom / NAT. RES. / (916)
319-2092