....Still waiting for the Governor
Dutton Air Board Transparency
Measure Heads to Governor
– 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.
Bill 1402 requires CARB to explain how it determined a penalty levied
against a business, the reason for the violation and the specific code
“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
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
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.