BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 533|
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THIRD READING
Bill No: SB 533
Author: Wright (D)
Amended: 4/25/11
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 6-0, 5/2/11
AYES: Simitian, Blakeslee, Hancock, Kehoe, Lowenthal,
Pavley
NO VOTE RECORDED: Strickland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Air Resources Board regulation
SOURCE : California Council for Environmental and
Economic Balance
DIGEST : This bill requires the State Air Resources Board
(ARB) to make available to the public, at the time that ARB
adopts a regulation pursuant to Administrative Procedure
Act (APA), any implementation schedule that is required to
comply with that regulation. If a regulation adopted by
ARB specifically requires a reporting form, or a
"compliance tool," as defined, ARB would be required to
make this information available to the public on ARB's
Internet Web site at least 60 days prior to the date the
information is required for compliance with the regulation.
This bill requires training specifically required by a
regulation to be made available at least 60 days prior to
the compliance date for which the training is required.
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This bill authorizes ARB to revise a required
implementation schedule, reporting form, or compliance
tool, or training after adoption of a regulation, if ARB
makes a specified modification.
ANALYSIS :
Existing law:
1. Under the APA (Government Code Section 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).
(Section11346.2) The statement of reasons must
identify each technical, theoretical, and empirical
report upon which the agency relies in proposing the
regulation (Section11346.2(b)(2)), and the 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 Section39601.5).
B. Requires OAL to either approve a submitted
regulation and transmit it to the Secretary of State
for filing, or 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. (Section11349.3).
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
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equivalent to that level, to be achieved by 2020 (Health
and Safety Code Section38500 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 (Section38562(h)). Definitions
are provided for certain terms (Section38505).
This bill, under CGWSA:
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 Web site 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.
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
Purpose of Bill . According to the author, "SB 533 will
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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, this bill: (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."
As approved by the Senate in 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 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).
This bill 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
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"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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/15/11)
California Council for Environmental and Economic Balance
(source)
California Chamber of Commerce
California Small Business Association
Southern California Edison
DLW:kc 5/17/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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