Gino DiCaro

Truth and consequences at CARB

By Gino DiCaro, VP, Communications

Capitol Update, Dec. 10, 2010 Share this on FacebookTweet thisEmail this to a friend

The California Air Resources Board (CARB) has proposed a new regulation that would prohibit – and impose penalties – on any person who makes a dishonest or false statement to the CARB Board or staff. A workshop was scheduled for early December but was postponed until after the new year.

CARB’s overly-broad and ambiguous proposed “False Statement” regulation, however, would raise more issues – and could unintentionally create more problems – than it would resolve. It would inadvertently undermine a candid dialogue between CARB and affected stakeholders and curtail the needed public input that is essential to CARB’s deliberations and credibility. The proposal is so broad in scope and vague in application that its legality and constitutionality are suspect – given the potentially unlawful chilling of protected free speech.

A coalition, “Californians for Enforcement Reform and Transparency (CERT)”, is working to improve fairness in the penalty and enforcement policies at CARB and elsewhere. CMTA is leading another coalition to improve the process of making regulations in California through better economic analysis, more oversight, sunset reviews, etc. (To learn more about CMTA’s efforts, go to: www.calrecovery.biz.) We both are urging similar “good government” reforms to help the business climate and regulatory outcomes in the state. We support measures that promote transparency and improve the quality of information relied on by CARB in its decision-making and enforcement activities.

CMTA joined CERT on this letter to CARB: CARB Coalition Letter.DOC

A workshop may be scheduled early next year. More information can be found at this site (but the regulation itself has been pulled): http://www.arb.ca.gov/html/falsestatements/falsestatements.htm

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