BILL NUMBER: SB 960	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Dutton

                        FEBRUARY 5, 2010

   An act to add Section 39601.1 to the Health and Safety Code,
relating to air resources.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 960, as introduced, Dutton. State Air Resources Board:
regulations: Legislative Analyst's Office: report.
   Existing law imposes various functions and duties on the State Air
Resources Board relating to reducing emissions of air pollutants.
Existing law authorizes the state board to adopt standards, rules,
and regulations necessary for the proper execution of those duties.
   This bill would require the state board to submit a major
regulation, as defined, to the Legislative Analyst's Office, as
specified. The bill would require the Legislative Analyst's Office to
prepare an analysis of the major regulation, with prescribed
elements, to determine the costs and benefits of the regulation and
whether the regulation is technologically feasible, and to submit the
analysis to the state board and the Legislature, as specified.
   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 39601.1 is added to the Health and Safety Code,
to read:
   39601.1.  (a) The state board shall submit any major regulation to
the Legislative Analyst's Office immediately upon the completion of
the state board's final staff report on the proposal.
   (b) (1) The Legislative Analyst's Office shall prepare an analysis
of the major regulation proposed by the state board to determine the
costs and benefits of the regulation and whether the regulation is
technologically feasible. The Legislative Analyst's Office may
contract with an independent party to prepare the analysis.
   (2) The Legislative Analyst's Office shall submit the prepared
analysis to the state board and the Legislature within 90 days of the
date of receipt of the final staff report from the state board.
   (c) The analysis shall include, but not be limited to, all of the
following:
   (1) The estimated costs of compliance by the regulated community
with the standards in the major regulation.
   (2) The estimated impact of the major regulation on state tax
revenue.
   (3) A determination whether the pollution reduction assumptions
are accurate, feasible, and achievable.
   (4) The estimated costs of alternative technologies.
   (5) The estimated cumulative costs of all regulatory requirements
that become effective within the same year on the regulated
community.
   (6) A determination whether the proposed adoption, amendment, or
repeal is technologically feasible.
   (7) A determination whether any identified alternative
technologies are technologically feasible.
   (d) The state board shall reimburse the Legislative Analyst's
Office for the cost to that office of the analysis. The state board
shall include the cost of reimbursement in the cost of developing the
regulation.
   (e) As used in this section, "major regulation" means any proposed
adoption, amendment, or repeal of a regulation that will have a
total economic impact of ten million dollars ($10,000,000) or more on
state government, business enterprises, or citizens, as estimated by
the state board.