BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1351|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 1351
Author: Wright (D)
Amended: 4/28/10
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE : 6-1, 4/13/10
AYES: Wright, Calderon, Denham, Florez, Padilla, Price
NOES: Yee
NO VOTE RECORDED: Harman, Negrete McLeod, Oropeza, Wyland
SENATE ENV. QUALITY COMMITTEE : 5-0, 4/22/10
AYES: Simitian, Corbett, Hancock, Lowenthal, Pavley
NO VOTE RECORDED: Runner, Strickland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Air Resources Board: regulations
SOURCE : California Council for Environmental and
Economic Balance
DIGEST : This bill requires the Air Resources Board (ARB)
to make available to the public, at the time of adopting a
regulation pursuant to the California Global Warming
Solutions Act of 2006, any implementation schedule that is
required to initiate compliance with that regulation. This
bill also requires ARB to make available on its Web site
any reporting form that is required to initiate compliance
with a regulation adopted at least 45 days prior to the
date required for filing that form in accordance with the
CONTINUED
SB 1351
Page
2
implementation schedule.
ANALYSIS : Under existing law, the California Global
Warming Solutions Act of 2006 (CGWSA), requires ARB to
determine the 1990 statewide greenhouse gas (GHG) emissions
level and approve a statewide GHG emissions limit that is
the equivalent to that level, to be achieved by 2020. ARB
must adopt rules and regulations to achieve greenhouse gas
emission reductions to achieve the maximum technologically
feasible and cost-effective reductions in GHGs, subject to
certain requirements.
This bill:
1. Requires ARB to make available to the public, at the
time of adopting a regulation, pursuant to the CGWSA,
any implementation schedule that is required to initiate
compliance with the regulation.
2. Provides that, if a reporting form is required to
initiate compliance with a regulation adopted pursuant
to the CGWSA, ARB is required to make the reporting form
available to the public on its Internet Web site at
least 45 days prior to the date required for filing that
form in accordance with the implementation schedule.
3. Stipulates that the bill's provisions do not excuse
compliance from a regulation adopted before January 1,
2011, that does not meet the requirements of this bill,
or require ARB to readopt or amend a regulation approved
by ARB before January 1, 2011.
Comments
According to the author's office, California has a growing
reputation of being a very unfriendly business state, in
part, because of the regulatory complexity faced by both
large and small businesses. The author's office believes
that in order for businesses to comply with regulations
imposed by ARB, in all fairness, these businesses should
have the adequate notice that the forms, tools, and
required technology are available before they can be cited
for a violation.
SB 1351
Page
3
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/19/10)
California Council for Environmental and Economic Balance
(source)
Association of California Insurance Companies
California Business Properties Association
California Cement Manufacturers Environmental Coalition
California Chamber of Commerce
California Chapter of the American Fence Association
California Construction and Industrial Material Association
California Fence Contractors' Association
California Forestry Association
California Grocers Association
California Hospital Association
California Independent Oil Marketers Association
California League of Food Processors
California Manufacturers and Technology Association
California Nevada Cement Association
California Precast Concrete Association
California Retailers Association
California Small Business Association
California State Council of Laborers
Consumer Specialty Products Association
Engineering Contractors' Association
Flasher/Barricade Association
Independent Waste Oil Collectors
Industrial Environmental Association
Marin Builders' Association
National Federation of Independent Business
Western Growers
Western States Petroleum Association
ARGUMENTS IN SUPPORT : Proponents of this bill contend
that sometimes regulations have been adopted with
insufficient time for the regulated community to
appropriately and adequately prepare for full compliance,
requiring them to base decisions on estimates without
proper guidance from the regulating agencies. The
proponents support this bill because it requires ARB to
provide, in a timely manner, public information via ARB's
SB 1351
Page
4
Web site of all reporting form(s) required to initiate
compliance with a given regulation.
Proponents believe that this bill will create more clear
and reasonable pathways for the regulated community to
appropriately reach full compliance.
TSM:mw 5/20/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****