California Senate Votes 32-0 In Favor of CARB Enforcement Reforms
May 27, 2010
On May 24th, 2010, in a unanimous 32-0 vote, the California State Senate adopted a bill that will begin to make much needed improvements to the California Air Resources Board’s (CARB) enforcement program.

Former CARB Chairman, John Dunlap, sees this bill as a critical first step towards improving CARB’s enforcement program. “The California Senate and the regulated community fully agree that the largest penalties should be consistently imposed in a transparent manner on gross violations that harm air quality. This bill will ensure that CARB’s enforcement resources are focused on its most important objective – protecting California’s air quality.”

If signed into law, the new rules will require CARB to be open and up front with the regulated community about how and why it imposes penalties. The bill will also require CARB to adopt a formal enforcement policy by March, 2011.

“This bill ensures an enforcement process that is publicly visible, easily understood and implemented in a clear and consistent manner – all fundamental tenets of an open, transparent, good government,” said Bill Guerry, counsel to Californians for Enforcement Reform and Transparency (CERT). Kris Kiser, Executive Vice President of the Outdoor Power Equipment Institute, a CERT-member organization said “A unanimous 32-0 vote out of the California Senate sends a clear signal that the California legislature recognizes the common-sense merits of our argument for enforcement reforms at CARB.” The bill will be considered by the California Assembly Natural Resources Committee in the coming weeks.

Californians for Enforcement-Reform and Transparency is a diverse group of industries and trade associations with the goal of working cooperatively with CARB to enhance CARB’ s compliance and enforcement programs.

Environmental Partner William (Bill) Guerry of the national law firm Kelley Drye & Warren LLP, have joined with John Dunlap of the Dunlap Group in Sacramento, California to form CERT. Together, the CERT team of lawyers and consultants have extraordinary expertise and experience in representing a wide array of manufacturing clients before EPA and CARB on enforcement matters as well as related government relations and regulatory activities.

For more information on CERT and its positions go to www.certreform.org.