California Gov. Arnold Schwarzenegger last week signed into law a measure to make the California Air Resource Board's enforcement efforts more transparent.


With the exception of a formal penalty policy, which CARB is required to publish by March 1, 2011, SB1402 takes effect immediately. The new rules will require CARB to:

* provide a clear explanation of how penalties are assessed on a per-unit basis,

* develop a written, consistent penalty policy that ensures the largest penalties are imposed on serious violations that adversely impact air quality (due March 2011), and

* report those penalties to the Legislature annually..

Senator Dutton, the incoming Republican Senate leader who drafted and sponsored the legislation, stated, "CARB holds businesses accountable when they violate the California regulations they oversee. 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."

The agency, however, had said it already does what the law requires, working closely with companies to explain fines.

CARB is charged with attaining and maintaining air quality standards in the State of California, which includes the enforcement of air quality standards. Critics said it wasn't clear whether and how CARB applies criteria or policies when it assesses penalties. Proponents of the bill said this resulted in a subjective, ad hoc enforcement program that did not clearly or consistently distinguish serious violations that harm air quality from minor administrative glitches.

The bill was pushed by Californians for Enforcement Reform and Transparency, which includes trucking-related groups such as the California Dump Truck Owner Association and the Moving and Storage Association along with a number of manufacturer associations and other groups.