Bill Text: CA AB2299 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: State Air Resources Board: rules and regulations:

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-05-28 - In committee: Set, second hearing. Held under submission. [AB2299 Detail]

Download: California-2009-AB2299-Amended.html

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BILL NUMBER: AB 2299	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2010
	AMENDED IN ASSEMBLY  APRIL 5, 2010

INTRODUCED BY   Assembly Member Blakeslee

                        FEBRUARY 18, 2010

   An act to add Section 39602.7 to the Health and Safety Code,
relating to air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2299, as amended, Blakeslee. State Air Resources Board: rules
and regulations: impacts analysis.
   Existing law authorizes the State Air Resources Board to regulate
pollution from primarily vehicular sources, and designates the state
board as the state agency charged with monitoring and regulating
sources of emissions of greenhouse gases.
   This bill would require the state board to complete and place into
the rulemaking record  an   a related 
impacts analysis for a proposed rule, as provided. The bill would
authorize a person to request the state board to submit the 
related  impacts analysis for external peer review in accordance
with specified requirements.  The state board would be
authorized to assess a fee on a person making a request for external
peer review to cover the administrative costs of processing that
request. 
   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 39602.7 is added to the Health and Safety Code,
to read:
   39602.7.  (a) For  the  purposes of this section,
the following terms have the following meanings: 
   (1) "Air quality basis" mean those foundations of a rule that are
premised upon, or derived from, empirical data or other scientific
findings, conclusions, or assumptions establishing a regulatory
level, standard, or other requirement for the improvement of air
quality to protect public health or the environment.  
   (1) "Related impacts" means the reasonably identifiable and
significant impacts of a proposed rule, that are premised upon, or
derived from, empirical data or other scientific or economic
findings, conclusions, or assumptions, including, but not limited to,
impacts to any of the following:  
   (A) Other statutory and regulatory programs and standards, under
the jurisdiction of the Public Utilities Commission or any department
within the California Environmental Protection Agency or the Natural
Resources Agency.  
   (B) In-state jobs.  
   (C) The General Fund and special funds due to changes in economic
activity. 
   (2)  "Impacts   "Rel   ated 
 impacts  analysis" means an evaluation of the 
secondary   related  impacts of a proposed rule
quantified to the extent feasible and appropriate and otherwise
qualitatively described.
   (3) "Rule" means a rule, regulation, order, or standard or the
amendment, supplement, or revision of a rule, regulation, order, or
standard, adopted by the state board to implement, interpret, or make
specific a law enforced or administered by the state board, or to
govern the state board's procedure. 
   (4) "Secondary impacts" means the reasonably identifiable and
significant impacts of a proposed rule that do not meet the
definition of "air quality basis" and that are premised upon, or
derived from, empirical data or other scientific or economic
findings, conclusions, or assumptions, which include, but are not
limited to, impacts to any of the following:  
   (A) Public health and safety not related to air quality. 

   (B) Other environmental regulatory programs and objectives.
 
   (C) In-state jobs.  
   (D) The General Fund due to in-state job impacts. 

   (E) Economic impacts to persons regulated by the proposed rule.

   (b) The state board shall complete and place into the rulemaking
record for a proposed rule  an   a related 
impacts analysis for the proposed rule, at or before the time the
proposed rule is made available to the public, at a public workshop
or for purposes of public comment.
   (c) (1) Within 15 calendar days after the date the proposed rule
is made available to the public as described in subdivision (b), a
person may request the state board to submit the  related 
impacts analysis created pursuant to subdivision (b) for external
peer review pursuant to this subdivision  for any proposed rule
determined by the state board to have a positive or negative economic
impact of at least ten million dollars ($10,000,000). The state
board may assess a fee not to exceed five hundred dollars ($500) on a
person making a request pursuant to this paragraph to cover the
  administrative costs of processing that request  .
   (2) If, within  15   30  calendar days
after making the request, the person requesting the external peer
review enters into an enforceable agreement with the state board that
requires that person to fully reimburse the state board for all
costs associated with conducting the external peer review, the state
board shall enter into an agreement with the National Bureau of
Economic Research, the University of California, the California State
University, or a group of economists of comparable stature and
qualifications to conduct the external peer review of the 
related  impacts analysis of the rule proposed for adoption.
 The President of the University of California is requested
to select the peer review entity for purposes of this paragraph.
 
   (d) (1) The state board shall use the process for selecting
external peer reviewers adopted pursuant to Section 57004, except as
otherwise provided in this subdivision.  
   (d) (1) 
    (2)    A person shall not serve as an external
peer reviewer pursuant to subdivision (c) if that person participated
in the development of the impacts analysis of the proposed rule.

   (2) 
    (3)  The person who requests the external peer review
pursuant to this section, a person affiliated with that requester,
and personnel of the state board shall not participate in the
selection of the individual external peer reviewers or contact or
communicate with the individual external peer reviewer during the
peer review. 
   (3) 
    (4)  The state board may contact or communicate with an
external peer reviewer for the purpose of entering into a contract
with the reviewer, as described in subdivision (c), and for purposes
of providing information as described in paragraph (1) of subdivision
(e). 
   (4) 
    (5)  The identity of the individual external peer
reviewers shall remain confidential until the external peer reviewer
submits the written report to the state board.
   (e) If the  requirement of paragraph (2) of subdivision
(c) is  requirements of subdivision (c) are  met,
the state board shall not take any action to adopt the final version
of a rule unless all of the following conditions are met:
   (1) The state board submits the  related  proposed rule,
including the impacts analysis, and other appropriate materials on
which the  related  impacts analysis of the proposed rule
are based, to the external peer reviewer for evaluation.
   (2) The external peer review entity prepares a written report that
contains an evaluation of the  related  impacts analysis
within 90 days of receiving the materials listed in paragraph (1)
from the state board. If the external peer review entity finds that
the state board has failed to demonstrate that the  related 
impacts analysis is based upon sound scientific or economic
knowledge, methods, or practices, the report shall state that finding
and the reasons explaining that finding.
   (3) The state board accepts the finding of the external peer
review entity, in whole or in part, and revises the proposed rule
accordingly, or rejects the finding. If the state board disagrees
with any aspect of the findings of the external peer review entity,
it shall explain, and include as part of the rulemaking record, its
basis for arriving at that determination in the adoption of the final
rule, including why it has determined that the  related 
impacts analysis is based on sound scientific and economic knowledge,
methods, and practices.
   (4) A public hearing is conducted to provide opportunity for
public comment on the written report of the external peer review
entity or public comment on the explanation of disagreement with the
report included in the rulemaking record by the state board. The
state board shall not issue notice of a public hearing on adoption of
the final version of a rule until the public hearing described in
this paragraph has concluded.
   (f) Notwithstanding subdivision (e), if the external peer review
entity fails to provide a written report within 90 days, the state
board may act to adopt the final version of the rule.
   (g) The requirements of this section do not apply to an emergency
regulation adopted pursuant to subdivision (b) of Section 11346.1 of
the Government Code.
   (h) This section shall not be construed to limit the authority of
the state board to adopt a rule pursuant to the requirements of any
other law that authorizes or requires the adoption of the rule.