Dispute resolution proposed for CARB & AB 32 regulated entities

By CMTA Staff

Capitol Update, April 29, 2011 Share this on FacebookTweet thisEmail this to a friend

CMTA is supporting AB 1095 (Bill Berryhill, R-Stockton) which would establish a dispute resolution process for the California Air Resources Board (CARB) and entities regulated under AB 32 (the California Global Warming Solutions Act of 2006).

Historically, local air districts have had regulatory jurisdiction over stationary sources of emissions. For decades local air districts have been statutorily required to maintain hearing boards that oversee a dispute resolution process for situations that may arise in which the air district and the regulated entity have a technical disagreement, or in which the regulated entity has a violation caused by conditions beyond their reasonable control. This dispute resolution process has proven very successful in avoiding costly litigation and working to the mutual benefit of both the regulator and regulated stationary sources.

Historically, CARB has had primary regulatory jurisdiction over mobile sources of emissions. Under AB 32, however, the Board has or is developing regulations that establish new requirements for stationary sources and other entities outside of their traditional purview.  While the Board is developing new requirements under AB 32, it has not yet established a standard dispute resolution process for stationary source issues.

AB 1095 will establish a dispute resolution process at CARB similar to the process utilized by local air districts. By helping stationary sources to obtain relief for violations that are beyond their reasonable control, a dispute resolution process creates flexibility and dialogue.

AB 1095 will be heard in the Assembly Natural Resources Committee on May 2nd.

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