New law to require CARB to explain their actions takes effect immediately
SACRAMENTO – A significant piece of legislation authored by Senator Bob Dutton (R-Rancho Cucamonga) that forces the California Air Resources Board (CARB) to explain their actions more clearly to the businesses they regulate - was signed into law this week by the governor.
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.
Because SB 1402 contained an urgency clause and was approved by more than two-thirds of the Legislature, the law takes effect immediately.
“CARB holds businesses accountable when they violate the California regulations they oversee,” Senator Dutton said. “The problem is that there was nothing that held CARB accountable in how the penalties were determined or the reason for the violation. This important piece of legislation is a significant step in the right direction in showing the business community that the State of California is willing to work with them.”
“Under the current situation, the public and the regulated community are left in the dark about how CARB calculates penalties,” said former CARB Chairman Jon Dunlap. “This leads to the perception that CARB’s proposed penalties are arbitrary and inconsistent - which in turn results in protracted enforcement disputes and litigation.”
While Senator Dutton said SB 1402 is important, more must be done to help the California business community.
“California is the most expensive place in the nation to do business. This random and uncertain enforcement environment is harming California business and eroding CARB’s credibility,” Senator Dutton said.
“Many of those expenses are the result of this state over regulating the businesses here to the point where California has the third highest unemployment rate in the nation. The 2.3 million people out of work in California want a job. To get these people back to work, we need to do everything we can to create an environment that is friendly to business.”
For more information on Senator Bob Dutton (R–Rancho Cucamonga), please see www.sen.ca.gov/Dutton.