Bill Text: CA AB2299 | 2009-2010 | Regular Session | Amended
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
BILL NUMBER: AB 2299 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 26, 2010
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 a related impacts analysis for a
proposed rule proposed adoption, amendment, or repeal
of a major regulation that will have an adverse economic impact on
California business enterprises and individuals in an amount
exceeding $10,000,000 , 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 purposes of this section, the following terms
have the following meanings:
(1) "Major proposed regulation" means a proposed adoption,
amendment, or repeal of a regulation that will have an adverse
economic impact on California business enterprises and individuals in
an amount exceeding ten million dollars ($10,000,000), as estimated
by the state board in the assessment required by subdivision (a) of
Section 11346.3 of the Government Code.
(1)
(2) "Related impacts" means the reasonably identifiable
and significant impacts of a proposed rule
major proposed regulation , 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 regarding 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 , whose objectives are likely to be impacted by
the major proposed regulation or whose objectives are likely to
impact the implementation of the major proposed regulation .
(B) In-state jobs Short-term and long-term
in-state jobs in individual sectors of the economy affected by the
major proposed regulation .
(C) The Revenues to the
General Fund and special funds due to changes in economic activity
attributable to the major proposed regulation .
(2)
(3) "Related impacts analysis" means an evaluation of
the related impacts of a proposed rule major
proposed regulation 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.
(b) The state board shall complete and place into the rulemaking
record for a proposed rule major proposed
regulation a related impacts analysis for the proposed
rule major proposed regulation , at or before
the time the proposed rule major proposed
regulation 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 major proposed regulation 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 completed 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 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 major proposed
regulation .
(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.
(2) A person shall not serve as an external peer reviewer pursuant
to subdivision (c) if that person participated in the development of
the related impacts analysis of the proposed
rule major proposed regulation, or if that person has
a financial interest in any entity or person that would be subject to
the major proposed regulation or has any other conflict
of interest .
(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.
(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).
(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 requirements of subdivision (c) are met, the state
board shall not take any action to adopt the final version of a
rule major proposed regulation unless
all of the following conditions are met:
(1) The state board submits the related proposed rule
major proposed regulation , including the
related impacts analysis, and other appropriate materials on
which the related impacts analysis of the proposed rule
major proposed regulation 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 a time frame determined by 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 major proposed regulation 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
version of the major proposed regulation ,
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 the major
proposed regulation 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 time frame determined by the state board pursuant
to paragraph (2) of subdivision (e) , the state board may act
to adopt the final version of the rule major
proposed regulation .
(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 regulation
pursuant to the requirements of any other law that authorizes
or requires the adoption of the rule
regulation .
(i) Once an external peer review of the related impacts analysis
has been completed pursuant to this section, the state board is not
required to conduct additional peer reviews pursuant to this section.
