BILL ANALYSIS �
AB 1095
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Date of Hearing: May 2, 2011
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 1095 (Bill Berryhill) - As Amended: March 31, 2011
SUBJECT : Air pollution: hearing board: State Air Resources
Board
SUMMARY : Requires a hearing board within the Air Resources
Board (ARB) based on existing statutory requirements for air
district hearing boards, to the extent those provisions can be
made applicable.
EXISTING LAW :
1)Establishes ARB within the California Environmental Protection
Agency. ARB's primary duties are controlling motor vehicle
emissions, coordinating activities of air districts for the
purposes of the federal Clean Air Act, and implementing the
California Global Warming Solutions Act (AB 32).
2)Requires ARB to administer an Ombudsman's Office that serves
as a general resource to small businesses, large businesses,
trade associations, and individual community members regarding
air quality regulations.
3)Subject to the powers of the ARB, requires air districts to
adopt and enforce rules and regulations to achieve and
maintain the state and federal ambient air quality standards
in all areas affected by non-vehicular emission sources under
their jurisdiction.
4)Requires each air district to appoint a five-member hearing
board, including a lawyer, an engineer, and a medical
professional, for the purpose of hearing applications for
variances from district rules. Districts are authorized to
collect fees from applicants to cover the costs of the hearing
board process.
FISCAL EFFECT : Unknown
COMMENTS :
1)Purpose of the bill. According to the author:
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The Air Resources Board's role has evolved from a Board that
primarily regulated mobile sources to one regulating all
emission sources. At present, several regulations are being
developed that give the Executive Officer additional authority
to make decisions outside the open and public regulatory
process. Currently, air quality management districts that
have similar executive authority also have statutory or
adopted dispute resolution hearing boards. In cases in which
individuals or companies come into conflict with rules and
regulations, these hearing boards weigh the evidence and reach
a decision.
Currently, the ARB Executive Officer and staff make
significant enforcement decisions that are not subject to
review. In addition, in cases where the ARB would like to
extend a compliance deadline, there is no process to formally
and publically adopt that extension. The only appeal process
available to a regulated party is to sue the state. This
requires significant resources and time that are not
reasonably available to the majority of regulated parties. In
addition, lawsuits frequently do not solve problems.
For example, the AB 32 program requires that ARB create a new,
far-reaching, and complex program under very tight statutory
deadlines. The statutory deadlines are driving rapid
development of regulations which may have unintended
consequences and unknowable problems. These types of problems
need a dispute resolution process to allow discussion and
opportunity outside of traditional enforcement processes and
litigation. An administrative dispute resolution process will
provide a fair, efficient, and predictable forum available to
all regulated parties and will reduce the money and time spent
in litigation. It will also increase the transparency of the
appeal process and thus afford all stakeholders the
opportunity to comment during the hearing. The proposed
dispute resolution process is modeled after existing air
pollution hearing processes in HSC Chapter 8, � 40800 - 40865,
part 3 which have worked well in resolving regulatory
compliance issues at the air pollution control districts in a
timely and cost-effective manner.
2)Existing resources for dispute resolution at ARB. Before a
regulation is adopted, ARB must follow the usual rulemaking
process, which offers all parties an equal opportunity to
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comment on proposed regulations, participate in hearings and
workshops, and lobby the board itself. The ARB process is
then followed by review by the Office of Administrative Law
before a regulation is implemented. Parties aggrieved by
adopted regulations may seek administrative relief from the
executive officer, the board, or via judicial review. In
addition, ARB is federally mandated to house an Ombudsman
Office to assist small and large businesses, trade
associations, and individual community members regarding any
aspect of the ARB regulatory process. The Ombudsman's mission
includes education on California's air quality management
system, guidance on air quality rules and regulations,
assisting small businesses in compliance with those
regulations, and providing help toward solutions when there is
an air quality compliance problem. The Ombudsman reports
directly to the ARB Chair.
REGISTERED SUPPORT / OPPOSITION :
Support
California Council for Environmental and Economic Balance
(sponsor)
California Asian Pacific Chamber of Commerce
California Chamber of Commerce
California League of Food Processors
California Manufacturers & Technology Association
California Retailers Association
Consumer Specialty Products Association
Evergreen Oil
National Federation of Independent Business
Southern California Contractors Association
Western Growers
Western States Petroleum Association
Wine Institute
Opposition
None on file
Analysis Prepared by : Lawrence Lingbloom / NAT. RES. / (916)
319-2092
AB 1095
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