BILL NUMBER: SB 357	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 20, 2011
	AMENDED IN SENATE  MAY 31, 2011
	AMENDED IN SENATE  MAY 10, 2011
	AMENDED IN SENATE  APRIL 4, 2011

INTRODUCED BY   Senator Dutton

                        FEBRUARY 15, 2011

   An act to add Section  38567   39614  to
the Health and Safety Code, relating to regulations.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 357, as amended, Dutton.  California Global Warming
Solutions Act of 2006:   State Air Resources Board:
 regulations: obsolete equipment.
   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. The act requires that an agency identify, in the
notice of proposed action for a regulation, an estimate, prepared in
accordance with instructions adopted by the Department of Finance, of
the cost or savings to a state agency. 
   The California Global Warming Solutions Act of 2006 (hereafter the
act) 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.  
    Existing law designates the state board as the state agency with
authority over the regulation of air pollution from motor vehicles.

   This bill would additionally require the state board to estimate
the cost or savings to the state in revenues that are lost or gained
as a result of a regulation adopted  pursuant to the act
  or amended by the state board imposing requirements
relating to diesel-fueled heavy-duty on-road or off-road motor
vehicles  that would make equipment obsolete, where that
equipment would otherwise have a remaining depreciable life. The bill
would require the Franchise Tax Board to provide to the state board,
and update every 5 years, the average tax rate to be applied to the
amount of the estimated accelerated deduction due to reduced asset
life attributable to the regulation for an increase in business
depreciation.
   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  38567   39614  is
added to the Health and Safety Code, to read:
    38567.   39614.   (a) For purposes of
the estimate of costs and savings to a state agency reported pursuant
to paragraph (6) of subdivision (a) of Section 11346.5 of the
Government Code, and in addition to information required by the
Department of Finance pursuant to Section 11357 of the Government
Code, an estimate made by the state board shall include an estimate
of the cost or savings to the state in revenues that are lost or
gained as a result of a regulation adopted  pursuant to this
division   or amended by the state board imposing
requirements relating to diesel-fueled heavy-duty on-road or off-road
motor vehicles  that makes equipment obsolete, where that
equipment would otherwise have a remaining depreciable life.
   (b) For purposes of this section, the Franchise Tax Board shall
provide to the state board, and update every five years, the average
tax rate to be applied to the amount of the estimated accelerated
deduction due to reduced asset life attributable to  the
regulation adopted pursuant to this division   a
regulation described in subdivision (a)  for an increase in
business depreciation.