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....Still waiting for the Governor

Dutton Air Board Transparency
Measure Heads to Governor

SACRAMENTO – A measure authored by Senate Republican Leader-elect Bob Dutton (R-Rancho Cucamonga) to require the California Air Resources Board (CARB) to more effectively communicate with the businesses it regulates is on its way to the governor after clearing the Senate.

Senate Bill 1402 requires CARB to explain how it determined a penalty levied against a business, the reason for the violation and the specific code section violated.

“This legislation creates some much-needed clarity and transparency between CARB and the business community,” Senator Dutton said. “Many in the private sector believe that the Air Board’s unaccountable regulatory overreach is a significant reason why businesses are leaving California. SB 1402 takes a step in the right direction by holding CARB regulators accountable when they levy a fine against a private business.”

Former CARB Chairman John Dunlap said SB 1402 is long overdue.

“Under the current situation, the public and the regulated community are left in the dark about how CARB calculates penalties,” Dunlap said. “This leads to the perception that CARB’s proposed penalties are arbitrary and inconsistent – which in turn results in protracted enforcement disputes and litigation.”

Senator Dutton, the incoming Senate Republican leader, said, “I urge the governor to sign this legislation, which has received unanimous bipartisan support. This bill will help private businesses in California achieve fairer and more consistent treatment by state regulators. This legislation also helps create greater transparency at CARB, which will help this state retain and create jobs in California.”

Kris Kiser, Executive Vice President of the Outdoor Power Equipment Institute echoed Dunlap’s comments.

“Too often, CARB’s enforcement actions against non-compliant, unsafe products from off-shore, new market entrants appear less aggressive than CARB’s actions taken against ‘deep pocket,’ reputable manufacturers for minor administrative errors,” Kiser said. “SB 1402 will help CARB address this problem in a thoughtful and consistent manner. OPEI looks forward to continuing its long-term partnership with CARB and the US EPA to create a transparent, fair and even playing field where there is strong enforcement against gross violations from non-compliant products.”

Because SB 1402 was an urgency measure and received more than two-third support of the Legislature, it will take effect immediately if the governor signs the bill.