BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1351|
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UNFINISHED BUSINESS
Bill No: SB 1351
Author: Wright (D)
Amended: 8/2/10
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
SENATE FLOOR : 24-0, 5/24/10
AYES: Aanestad, Alquist, Ashburn, Calderon, Cedillo,
Corbett, Correa, Cox, Denham, Ducheny, Dutton, Florez,
Harman, Hollingsworth, Huff, Negrete McLeod, Padilla,
Romero, Runner, Strickland, Walters, Wolk, Wright, Wyland
NO VOTE RECORDED: Cogdill, DeSaulnier, Hancock, Kehoe,
Leno, Liu, Lowenthal, Oropeza, Pavley, Price, Simitian,
Steinberg, Wiggins, Yee, Vacancy, Vacancy
ASSEMBLY FLOOR : 78-0, 8/12/10 (Consent) - See last page
for vote
SUBJECT : Air Resources Board: regulations
SOURCE : California Council for Environmental and
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Economic Balance
DIGEST : This bill requires the Air Resources Board to
make available to the public certain materials related to
an adopted "AB 32" regulation.
Assembly Amendments make technical and clarifying changes.
ANALYSIS : Under existing law, the California Global
Warming Solutions Act of 2006 (CGWSA), requires the Air
Resources Board (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 publish any implementation schedule
required to comply with an AB 32 regulation at the time
the regulation is adopted.
2. Requires ARB to publish any reporting form, metric,
compliance tool, or training required to comply with an
AB 32 regulation at least 60 days before the compliance
date.
3. Affects only regulations adopted January 1, 2011, or
later.
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
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for a violation.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Assembly Appropriations Committee
analysis, minor annual costs to ARB, no more than tens of
thousands of dollars, to publish required materials.
SUPPORT : (Verified 8/16/10)
California Council for Environmental and Economic Balance
(source)
American Council of Engineering Companies of California
Associated Builders and Contractors of California
California Building Industry Association
California Business Properties Association
California Cattlemen's Association
California Cement Manufacturers Environmental Coalition
California Chamber of Commerce
California Chapter of the American Fence Association
California Construction and Industrial Material Association
California Council for Environmental and Economic Balance
California Farm Bureau Federation
California Fence Contractors' Association
California Forestry Association
California Grocers Association
California Hospital Association
California Hotel & Lodging 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 Restaurant Association
California Retailers Association
California Small Business Association
California State Council of Laborers
California Taxpayers Association
Chemical Industry Council of California
Consumer Specialty Products Association
Engineering and Utility Contractors Association
Engineering Contractors' Association
Flasher/Barricade Association
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Independent Waste Oil Collectors
Industrial Environmental Association
Marin Builders' Association
National Federation of Independent Business
Pacific Merchant Shipping Association
State of California Auto Dismantlers Association
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. Proponents
believe that this bill will create more clear and
reasonable pathways for the regulated community to
appropriately reach full compliance.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall,
Bill Berryhill, Tom Berryhill, Blakeslee, Block,
Blumenfield, Bradford, Brownley, Buchanan, Caballero,
Charles Calderon, Carter, Chesbro, Conway, Cook, Coto,
Davis, De La Torre, De Leon, DeVore, Eng, Evans, Feuer,
Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,
Galgiani, Garrick, Gatto, Gilmore, Hagman, Hall, Harkey,
Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,
Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma,
Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas,
Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada, John A. Perez
NO VOTE RECORDED: Norby, Vacancy
TSM:mw 8/16/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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