Bill Text: CA SB960 | 2009-2010 | Regular Session | Amended

---

Bill Title: State Air Resources Board: regulations: Office of

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-04-05 - Set, first hearing. Failed passage in committee. (Ayes 2. Noes 4. Page 3083.) Reconsideration granted. [SB960 Detail]

Download: California-2009-SB960-Amended.html

---

BILL NUMBER: SB 960	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 15, 2010

INTRODUCED BY   Senator Dutton

                        FEBRUARY 5, 2010

   An act to add Section 39601.1 to the Health and Safety Code,
relating to air resources.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 960, as amended, Dutton. State Air Resources Board:
regulations:  Legislative Analyst's Office  
Office of Administrative Law  : report.
   Existing law imposes various functions and duties on the State Air
Resources Board relating to reducing emissions of air pollutants.
Existing law authorizes the state board to adopt standards, rules,
and regulations necessary for the proper execution of those duties.
 Existing law, the Administrative Procedure Act, governs the
procedure for the adoption, amendment, or repeal of regulations by
state agencies. Existing law requires the Office of Administrative
Law to review specified regulations and make determinations using
prescribed standards. 
   This bill would require the state board to submit a major
regulation, as defined,  and other related information  to
the  Legislative Analyst's Office   Office of
Administrative Law  , as specified. The bill would require the
 Legislative Analyst's Office   Office of
Administrative Law  to prepare an analysis of the major
regulation, with prescribed elements, to determine the costs and
benefits of the regulation and whether the regulation is
technologically feasible, and to submit the analysis to the state
board and the Legislature, as specified.
   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 39601.1 is added to the Health and Safety Code,
to read:
   39601.1.  (a) The state board shall submit any major regulation to
the  Legislative Analyst's Office   Office of
Administrative Law  immediately upon the completion of the state
board's  final staff report   economic analysis
 on the proposal.  The state board shall submit with the
regulation all background information used in   conducting
the economic analysis and the information on Section A of the
Economic Impact Statement, Estimate Private Sector Cost Impacts, on
standard form 399, as required pursuant to subdivision (e). 
   (b) (1) The  Legislative Analyst's Office  
Office of Administrative Law  shall prepare an analysis of the
major regulation proposed by the state board to determine the costs
and benefits of the regulation and whether the regulation is
technologically feasible. The  Legislative Analyst's Office
  Office of Administrative Law  may contract with
an independent party to prepare the analysis.
   (2) The  Legislative Analyst's Office  
Office of Administrative Law  shall submit the prepared analysis
to the state board and the Legislature within 90 days of the date of
receipt of the  final staff report   regulation
 from the state board.
   (c) The analysis shall include, but not be limited to, all of the
following:
   (1) The estimated costs of compliance by the regulated community
with the standards in the major regulation.
   (2) The estimated impact of the major regulation on state tax
revenue.
   (3) A determination whether the pollution reduction assumptions
are accurate, feasible, and achievable.
   (4) The estimated costs of alternative technologies.
   (5) The estimated cumulative costs of all regulatory requirements
that become effective within the same year on the regulated
community.
   (6) A determination whether the proposed adoption, amendment, or
repeal is technologically feasible.
   (7) A determination whether any identified alternative
technologies are technologically feasible.
   (d) The state board shall reimburse the  Legislative
Analyst's Office   Office of Administrative Law 
for the cost to that office of the analysis. The state board shall
include the cost of reimbursement in the cost of developing the
regulation.  The requirement in subdivision (b) does not apply if
the Office of Administrative Law has not been provided with the
resources needed to complete the analysis required by subdivision
(b). 
    (e) The state board shall complete Section A of the Economic
Impact Statement, Estimate Private Sector Cost Impacts, on standard
form 399 for all major regulations, and submit this information, and
related background information, with the regulation to the Office of
Administrative Law to help the office conduct the analysis required
by subdivision (b). If the state board determines that a regulation
is not a major regulation, the state board shall complete Section A
of the Economic Impact Statement, Estimate Private Sector Cost
Impacts, on standard form 399, and submit that information after
adoption of the regulation as part of seeking final regulatory
approval by the Office of Administrative Law.  
   (e) 
    (f)  As used in this section, "major regulation" means
any proposed adoption, amendment, or repeal of a regulation that will
have a total  economic impact   cost  of
ten million dollars ($10,000,000) or more on state government,
business enterprises, or citizens, as estimated by the state board.