BILL NUMBER: SB 1351	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 28, 2010
	AMENDED IN SENATE  APRIL 19, 2010
	AMENDED IN SENATE  APRIL 5, 2010

INTRODUCED BY   Senator Wright

                        FEBRUARY 19, 2010

    An act to add Sections 11346.6 and 11346.65 to the
Government Code, relating to regulations.   An act to
add Section 38566 to the Health and Safety Code, relating to air
pollution. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1351, as amended, Wright.  State agencies: regulation
adoption requirements.   California Global Warming
Solutions Act of 2006: State Air Resources Board regulations. 

   The California Global Warming Solutions Act of 2006 designates the
State Air Resources Board as the state agency charged with
monitoring and regulating sources of emissions of greenhouse gases.
The state board is required to adopt a statewide greenhouse gas
emissions limit equivalent to the statewide greenhouse gas emissions
level in 1990 to be achieved by 2020, and to adopt rules and
regulations in an open public process to achieve the maximum
technologically feasible and cost-effective greenhouse gas emission
reductions.  
   This bill would require the state board to make available to the
public, at the time that the state board adopts a regulation pursuant
to the act, any implementation schedule that is required to initiate
compliance with that regulation. The state board would be required
to make available to the public on the state board's Internet Web
site any reporting form that is required to initiate compliance with
a regulation adopted pursuant to the act at least 45 days prior to
the date required for filing that form in accordance with the
implementation schedule.  
   Existing law, the Administrative Procedure Act, governs the
procedure for the adoption, amendment, or repeal of regulations by
state agencies and for the review of those regulatory actions by the
Office of Administrative Law.  
   This bill would require an agency, in specified circumstances,
that adopts a regulation that requires the use of a new or emerging
technology or equipment in order to achieve the identified purpose of
the regulation to post, as specified, upon the effective date of the
regulation, that the required technology or equipment is
commercially available or will be commercially available prior to the
effective date of the regulation. This bill would, if the required
technology or equipment is not commercially available on the
effective date of a regulation, prohibit an agency from enforcing a
violation of the regulation until at least 6 months after the
technology or equipment becomes commercially available and the agency
posts that information, as specified.  
   This bill would require an agency to make any implementation
schedule, procedure, or form that is necessary for initial compliance
with a proposed regulation available to the public upon the agency's
final adoption of that regulation. The bill would, if the
implementation schedule, procedure, or form necessary for initial
compliance with the regulation, as adopted, is not available on the
effective date of the adopted regulation, prohibit an agency from
enforcing a violation of the adopted regulation for at least 6 months
after the implementation schedule, procedure, or form becomes
available and the agency posts that information, 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 38566 is added to the 
 Health and Safety Code   , to read:  
   38566.  (a) (1) The state board shall make available to the
public, at the time the state board adopts a regulation pursuant to
this division, any implementation schedule that is required to
initiate compliance with the regulation.
   (2) If a reporting form is required to initiate compliance with a
regulation adopted pursuant to this division, the state board shall
make the reporting form available to the public on the state board's
Internet Web site at least 45 days prior to the date required for
filing that form in accordance with the implementation schedule.
   (b) This section does not excuse compliance from a regulation
adopted before January 1, 2011, that does not meet the requirements
of subdivision (a), or require the state board to readopt or amend a
regulation approved by the state board before January 1, 2011. 

  SECTION 1.    The Legislature finds and declares
all of the following:
   (a) This state has some of the most extensive and detailed
regulatory requirements in the nation which can also lead to
significant financial penalties for noncompliance.
   (b) It is in the best interests of the public good and the
regulated business community that regulations are fully complied
with. In order to ensure full compliance, regulations should clearly
set forth adequate notice of clear enforcement timelines, provide all
necessary forms and other necessary compliance tools well in advance
for proper planning and implementation, particularly during the
initial implementation, and ensure that any technologies required for
compliance are in fact commercially available in adequate supply.
   (c) There are numerous examples of regulations affecting the state'
s economy and the public health that did not provide adequate notice
and compliance tools, which put the regulated business communities at
risk of noncompliance and thereby reduced its ability to properly
implement state law.
   (d) It is, therefore, the intent of the Legislature that the
regulatory bodies of this state, to the maximum extent possible and
with reasonable advance notice before a regulation goes into effect,
identify all mandatory deadlines, provide all necessary compliance
tools, and ensure that required compliance technologies are
commercially available.  
  SEC. 2.    Section 11346.6 is added to the
Government Code, to read:
   11346.6.  (a) An agency that adopts a regulation that requires the
use of a new or emerging technology or other equipment in order to
achieve the identified purpose of the regulation shall post on its
Internet Web site, if available, and in the California Regulatory
Notice Register, upon the effective date of the regulation, that the
required technology is commercially available or will be commercially
available prior to the effective date of the regulation.
   (b) Notwithstanding any other law, if a new or emerging technology
or other equipment, whose use is required by a regulation, is not
commercially available on the effective date of the regulation, the
adopting agency shall not enforce a violation of that regulation
until at least six months after the required technology or other
equipment becomes commercially available and the agency posts on its
Internet Web site, if available, and in the California Regulatory
Notice Register, that the required technology or other equipment has
become commercially available.
   (c) Nothing in this section shall be construed to require an
agency to readopt a regulation already approved by the office and
filed with the Secretary of State.
   (d) An agency shall not be required to comply with the
requirements of this section if an adopted regulation that requires
the use of a new or emerging technology or other equipment imposes
that requirement on the industry that is directly responsible for
developing or manufacturing the new or emerging technology or other
equipment as a part of that industry's core business.
   (e) Nothing in this section shall be construed to prohibit an
agency from adopting new or additional standards for new or emerging
technology or other equipment.  
  SEC. 3.    Section 11346.65 is added to the
Government Code, to read:
   11346.65.  (a) An agency shall make any implementation schedule,
procedure, or form that is necessary for initial compliance with a
proposed regulation available to the public upon the agency's final
adoption of that regulation.
   (b) Notwithstanding any other law, if an implementation schedule,
procedure, or form that is necessary for initial compliance with the
regulation, as adopted, is not available to the agency as of the
effective date of that adopted regulation, the adopting agency shall
not enforce a violation of that adopted regulation until at least six
months after the implementation schedule, procedure, or form becomes
available and the agency posts on its Internet Web site, if
available, and in the California Regulatory Notice Register, that the
required implementation schedule, procedure, or form has become
available.
   (c) Nothing in this section shall be construed to require an
agency to readopt a regulation already approved by the office and
filed with the Secretary of State.