An act to amend Section 11346.3 of the Government Code, relating to state government.
Summary
SB 1239 would amend the California Government Code section governing regulatory impact analyses for major regulations. The bill focuses specifically on the State Air Resources Board (CARB), requiring it to prepare and publish a supplemental standardized regulatory impact analysis when a proposed major regulation is materially changed after the initial analysis is released and before adoption. The supplemental analysis must update the consumer cost analysis to reflect late-stage amendments made during the rulemaking process, and it must be made available for public review.
The bill does not change the basic requirement that state agencies preparing major regulations must complete a standardized regulatory impact analysis addressing effects on jobs, businesses, investment, innovation, and public benefits. Instead, it adds a CARB-specific procedural step intended to ensure that the economic analysis stays current when the regulation changes before final adoption. In practical terms, it would increase transparency and potentially create a more complete administrative record for CARB rulemakings, especially where consumer costs shift during negotiations or revisions.
Impact
SB 1239 would modify Section 11346.3 of the Government Code by adding a new requirement applicable only to the State Air Resources Board. CARB would have to issue a supplemental standardized regulatory impact analysis if a proposed major regulation is materially revised after the initial analysis and before adoption, with the supplemental document updating consumer cost estimates and being opened for public review. The bill would not broadly alter the regulatory analysis obligations of other state agencies, nor would it create a new appropriation or local program.
Sentiment
The available voting history suggests limited support in committee at the first hearing, with the bill failing passage on a 1-5 vote, though reconsideration was granted. That pattern indicates the proposal was not broadly embraced at the committee stage, but it was not definitively rejected for the session. Because no committee transcript is provided, the record does not show detailed public arguments for or against the measure, but the bill’s narrow focus on updating cost analysis suggests it may have been viewed as a procedural transparency bill rather than a major policy change.
Contention
The main point of contention is likely the added procedural burden on CARB and whether a supplemental analysis requirement is necessary for only one agency. Supporters would likely argue that late-stage regulatory changes can materially affect consumer costs and that the public should see updated analysis before adoption. Opponents may view the bill as singling out CARB, adding delay or administrative workload, or duplicating existing review requirements under the rulemaking process. The committee vote suggests at least some resistance, but the specific reasons are not documented in the materials provided.
An act to amend Sections 51178 and 51181 of the Government Code, and to amend Sections 4202 and 4204 of the Public Resources Code, relating to land use.