BILL ANALYSIS �
SB 533
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2011-2012 Regular Session
BILL NO: SB 533
AUTHOR: Wright
AMENDED: April 25, 2011
FISCAL: Yes HEARING DATE: May 2, 2011
URGENCY: No CONSULTANT: Randy Pestor
SUBJECT : REGULATORY REQUIREMENTS
SUMMARY :
Existing law :
1) Under the Administrative Procedure Act (APA) (Government
Code �11340 et seq.) establishes rulemaking procedures and
standards for state agencies. State regulations must also
be adopted in compliance with regulations adopted by the
Office of Administrative Law (OAL). The APA, among other
things:
a) Requires every agency to prepare and submit a
specified notice of the proposed action and make certain
information available to the public (e.g., draft
regulation in "plain English;" statement of reasons for
proposing the adoption, amendment, or repeal of a
regulation; evidence to support a determination that the
action will not have a significant adverse economic
impact on business). (�11346.2). The statement of
reasons must identify each technical, theoretical, and
empirical report upon which the agency relies in
proposing the regulation (�11346.2(b)(2)), and the
California Air Resources Board (ARB) must make this
information public that is related to, but not limited
to, air emissions, public health impacts, and economic
impacts before the comment period for any regulation
proposed for adoption by ARB (Health and Safety Code
�39601.5).
b) Requires OAL to either approve a submitted regulation
and transmit it to the Secretary of State for filing, or
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disapprove it, within 30 working days. If OAL fails to
act within 30 working days, the regulation is deemed
approved and OAL must transmit it to the Secretary of
State. (�11349.3).
2) Under 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 (Health and Safety Code
�38500 et seq.). 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
(�38562(h)). Definitions are provided for certain terms
(�38505).
This bill , under the California Global Warming Solutions Act
of 2006:
1) Requires ARB to make any implementation schedule that is
required to comply with a regulation available to the
public at the time ARB adopts the regulation.
2) Requires ARB to make a required reporting form or
compliance tool available to the public and on ARB's
Internet website at least 60 days prior to the date the
reporting form or compliance tool is required for
compliance with the regulation, if a regulation
specifically requires a reporting form or compliance tool.
3) Requires training to be made available at least 60 days
prior to the compliance date for which training is
specifically required by regulation.
4) Authorizes ARB to revise an implementation schedule,
reporting form, or compliance tool required to be made
available to the public after ARB adopts a regulation if
the ARB modifies the compliance deadline for the revised
regulatory requirement to allow entities at least 60 days
to comply.
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5) Defines "compliance tool" to mean the following items
specified in a regulation for compliance: a) computer
models, b) databases, c) algorithms, d) formulas, e) forms,
f) software, g) labels, h) protocols, and i) metrics.
6) Makes clarifying and technical amendments.
COMMENTS :
1) Purpose of Bill . According to the author, "SB 533 will
require the �ARB], when adopting regulations, to include
implementation schedules, procedures, and forms necessary
for compliance with the proposed regulation." The author
notes that this will enable "California businesses and
public agencies to comply or prepare for compliance with
the new regulations."
In response to this concern, SB 533: a) requires ARB to make
any implementation schedule available to the public when
ARB adopts a regulation under the CGWSA; b) requires ARB to
make a reporting form or compliance tool available to the
public at least 60 days prior to the date the reporting
form or compliance tool is required; c) allows ARB to
revise an implementation schedule, reporting form, or
compliance tool if certain conditions are met; and d)
defines "compliance tool."
2) Trying again . As approved by the Committee April 22, 2010
(5-0), and the Senate May 24, 2010 (24-0), SB 1351 (Wright)
focused on ARB making any CGWSA implementation schedule
available to the public at the time ARB adopts a
regulation, while also requiring any reporting form to be
available 45 days prior to the date required to file the
form in accordance with the implementation schedule if the
reporting form is required to initiate compliance with a
regulation.
Assembly amendments broadened the scope of this bill to also
apply to a metric, compliance tool, or training - while
requiring the metric, compliance tool, or training to be
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made available at least 60 days before being required in
accordance with the implementation schedule; provide
definitions for "compliance tool" and "metric"; and
authorize ARB to revise an implementation schedule,
reporting form, compliance tool, or training if ARB also
modifies the compliance deadline to allow regulated
entities 60 days to comply. SB 1351 was referred to
Committee under Senate Rule 29.10 for an August 19, 2010,
hearing where certain issues were raised, and the bill
failed (2-1).
SB 533 responds to the issues raised in the SB 1351 August 19,
2010, analysis by: a) referencing an implementation
schedule, reporting form, or compliance tool that is "made
available" to the public rather than "published;" b)
clarifying that a modified compliance deadline refers to
the revised regulatory requirement rather than the entire
regulation; and c) specifying items under the "compliance
tool" definition rather than providing that the definition
is also not limited to those specified items.
SOURCE : California Council for Environmental and
Economic Balance
SUPPORT : CalChamber
California Small Business Association
Southern California Edison
OPPOSITION : None on file