20250AB__126698AMD INTRODUCED 2025-02-21 AMENDED_ASSEMBLY 2025-03-28 2025 AB AMD Introduced by Assembly Member Solache LEAD_AUTHOR ASSEMBLY Solache

An act to add

Section to the Health and Safety Code, relating to air pollution. air pollution Air districts: administrative rulemaking: standardized regulatory impact analysis. Existing law vests the regional air pollution control districts and regional air quality management districts with regulatory jurisdiction related to the control of air pollution from nonvehicular sources. Existing law requires state agencies, in adopting, amending, or repealing a major regulation, as defined, to prepare a standardized regulatory impact analysis, as provided.

This bill would require certain air districts with jurisdiction over a geographic area with a certain population size, in adopting, amending, or repealing major regulations, to prepare the standardized regulatory impact analysis, as specified. Because the bill would impose additional duties on the regional air pollution control districts and regional air quality management districts, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law, the Administrative Procedure Act, in part, sets forth the requirements for the adoption, publication, review, and implementation of regulations by state agencies, and for review of those regulatory actions by the Office of Administrative Law.

Existing law requires a state agency proposing to adopt, amend, or repeal a major regulation to also prepare a standardized regulatory impact analysis, and defines a “major regulation” as a regulation that the state agency estimates will have an economic impact on California business enterprises and individuals in an amount exceeding $50,000,000. </xhtml:p><xhtml:p>This bill would make a nonsubstantive change to the provision defining a “major regulation.”</xhtml:p>"?> MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION 1. (

a) The Legislature finds and declares all of the following:

(1) The regulatory processes that allow parties affected by regulations the opportunity to bring forward concerns about the economic effects and impacts of future regulations as soon as possible yield better, more complete, and fully informed rules.

(2) Providing additional public input, evaluation, and informed responses to major regulations that will result in significant economic impacts to the adopting agency will improve the decisions made by those adopting agencies.

(3) The public and the adopting agencies alike are better able to make informed decisions regarding the costs and benefits of proposed regulations when the processes used to evaluate those costs and benefits are standardized in advance and subject to independent scrutiny. (

b) It is the intent of the Legislature in enacting this act to ensure that the requirements that are applied to state agencies’ evaluations of potential major regulations that will have an economic impact on California’s businesses of greater than $50,000,000, including the creation of a more iterative administrative process that allows the parties affected by the regulations the opportunity to bring forward concerns about the economic effects as early in the rulemaking process as possible, also apply to large air quality management districts that regulate air quality in the geographic areas with the state’s largest employment bases.

SEC. 2.

Section is added to the Health and Safety Code , to read: 40007. (

a) For purposes of this section, “major regulation” means a proposed adoption, amendment, or repeal of a standard, rule, or regulation that will have an economic impact on California business enterprises and individuals in an amount exceeding fifty million dollars ($50,000,000), as estimated by a district, as applicable. (

b) In addition to other applicable requirements and subject to subdivision (c), in adopting, amending, or repealing a major regulation, a district shall comply with

Section 11346.3 of the Government Code. (

c) This

section only applies to districts with jurisdiction over a geographic area with a population of over five million people or one-eighth of the population of the state, whichever is greater. (d)

(1) Notwithstanding subdivision (

f) of

Section 11346.3 of the Government Code, subdivision (

b) does not require either of the following: (

A) The submission of the district’s standardized regulatory impact analysis to Department of Finance for review. A district may submit the standardized regulatory impact analysis to the Department of Finance for review. (

B) The review of the district’s standardized regulatory impact analysis by the Department of Finance.

(2) Upon the completion of the standardized regulatory impact analysis, a district shall make a finding of compliance with this

section when adopting, amending, or repealing a major regulation under either of the following circumstances: (

A) The district opts to not submit the standardized regulatory impact analysis to the Department of Finance for review. (

B) The Department of Finance does not provide a review of the standardized regulatory impact analysis within days of submission.

SEC. 3. No reimbursement is required by this act pursuant to

Section of

Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of

Section of the Government Code. However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to

Part 7 (commencing with

Section 17500) of Division of Title of the Government Code. <caml:Num>SECTION 1.</caml:Num><caml:ActionLine action="IS_AMENDED" xlink:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'11342.548.'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section 11342.548 of the <caml:DocName>Government Code</caml:DocName> is amended to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_4160DE4B-424A-47DD-90B8-6C040429348A"><caml:Num>11342.548.</caml:Num><caml:LawSectionVersion id="id_FA665BD0-E707-48DE-BC50-29407494D848"><caml:Content><xhtml:p>“Major regulation” means a proposed adoption, amendment, or repeal of a regulation subject to review by the Office of Administrative Law pursuant to

Article 6 (commencing with

Section 11349) that will have an economic impact on California business enterprises and individuals in an amount exceeding fifty million dollars ($50,000,000), as estimated by the agency.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection>"?>