BILL NUMBER: AB 2469	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 27, 2010
	AMENDED IN ASSEMBLY  APRIL 15, 2010

INTRODUCED BY   Assembly Member Bill Berryhill

                        FEBRUARY 19, 2010

   An act to add Section 39615 to the Health and Safety Code,
relating to air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2469, as amended, Bill Berryhill. State Air Resources Board:
dispute resolutions.
   Existing law authorizes the State Air Resources Board to regulate
pollution from primarily vehicular sources, and designates the state
board as the state agency charged with monitoring and regulating
sources of emissions of greenhouse gases.
   This bill would require the state board to adopt a process  ,
as an alternative to existing dispute resolution processes,  to
resolve disputes regarding  any person's ability to comply
with   penalties proposed to be assessed for one or more
violations of  specified air pollution requirements.  It
would make this   alternative process available only if
certain requirements are met. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 39615 is added to the Health and Safety Code,
to read:
   39615.   (a)    The state board shall adopt a
process  , as an alternative to existing dispute resolution
processes,  to resolve disputes regarding any person's
ability to comply with   penalties proposed to be
assessed for one or more violations of  any requirement of
Division 25.5 (commencing with Section 38500), any requirement of
this division administered by the state board, or any rule,
regulation, or order of the state board. 
   (b) The state board shall make the process created pursuant to
subdivision (a) available only if the state board determines all of
the following requirements are met:  
   (1) The person seeking the dispute resolution has never previously
violated air pollution laws.  
   (2) The resolution of the dispute by the process created pursuant
to subdivision (a) would further the state board's statutory and
regulatory goals and responsibilities.  
   (3) The public interest in air quality and public health would be
at least as well protected as it would be if another process was used
to resolve the dispute.  
   (c) The determinations made by the state board pursuant to
subdivision (b) shall be matters of public record.