California Assembly Bill AB2469 Amended / Bill

 BILL NUMBER: AB 2469AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 27, 2010 AMENDED IN ASSEMBLY APRIL 15, 2010 INTRODUCED BY Assembly Member Bill Berryhill FEBRUARY 19, 2010 An act to add Section 39615 to the Health and Safety Code, relating to air pollution. LEGISLATIVE COUNSEL'S DIGEST AB 2469, as amended, Bill Berryhill. State Air Resources Board: dispute resolutions. 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 adopt a process  , as an alternative to existing dispute resolution processes,  to resolve disputes regarding  any person's ability to comply with   penalties proposed to be assessed for one or more violations of  specified air pollution requirements.  It would make this   alternative process available only if certain requirements are met.  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 39615 is added to the Health and Safety Code, to read: 39615.  (a)    The state board shall adopt a process  , as an alternative to existing dispute resolution processes,  to resolve disputes regarding any person's ability to comply with   penalties proposed to be assessed for one or more violations of  any requirement of Division 25.5 (commencing with Section 38500), any requirement of this division administered by the state board, or any rule, regulation, or order of the state board.  (b) The state board shall make the process created pursuant to subdivision (a) available only if the state board determines all of the following requirements are met:   (1) The person seeking the dispute resolution has never previously violated air pollution laws.   (2) The resolution of the dispute by the process created pursuant to subdivision (a) would further the state board's statutory and regulatory goals and responsibilities.   (3) The public interest in air quality and public health would be at least as well protected as it would be if another process was used to resolve the dispute.   (c) The determinations made by the state board pursuant to subdivision (b) shall be matters of public record.