Alternate Proposals Air Quality Control Rulemaking

Current law requires the air quality control commission (commission) to give at least 60 days' notice before the hearing when promulgating certain rules that set air quality standards. The bill clarifies that the commission may give an earlier notice and requires the notice to include a description of the classes of persons and entities that will be affected by the proposed rule.

Current law authorizes people to submit alternate proposals to the commission's rules that set air quality standards. The bill requires the commission to promulgate rules concerning alternate proposals that:

• Establish a deadline for submitting these proposals, but the deadline can be no later than the deadline for party statements;
• Govern the submission of proposals;
• Establish procedures for assigning a hearing officer to make the determination whether the proposal complies with the requirements;
• Ensure that any party to the hearing is afforded sufficient time before the hearing to consider proposals and file with the commission a written response to the proposal.

The commission is prohibited from considering an alternate proposal at the hearing unless the proposal:

• Complies with the bill, as determined by a hearing officer; and
• Includes:
• An initial economic impact analysis;
• A description of the classes of persons that will be affected; and
• A statement as to whether the proposal was developed in consultation with those persons or why consultation with those persons was not conducted.

No later than 10 days after receiving an alternate proposal, a hearing officer must:

• Determine whether the proposal complies with the bill; and
• Provide notice of the determinations to all persons that have filed with the commission a written request to receive the notices.

The bill requires the proponents of an alternate proposal to provide to the commission a final economic impact analysis.

(Note: This summary applies to this bill as introduced.)