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Comment 67 for Provides the public and stakeholders opportunities to provide "informal" public comments as part of ARB's 2013 Scoping Plan Update Workshop Series (2013-sp-update-ws) - 1st Workshop.
First Name: Theodore
Last Name: Hadzi-Antich
Email Address: tha@pacificlegal.org
Affiliation: Pacific Legal Foundation
Subject: Legal Requirements
Comment:
The 2013 Amendments to the 2008 Scoping Plan must comply with all applicable provisions of the California APA, including, but not by way of limitation, statutory progvisions governing assessment of economic impacts. These include Gov't Code Sections 11346.2(b)(6)(A), 11346.5(a0(8),11350(b)(2), 11346.5(a)(9), and 11346.3 (a). The Court of Appeal, in the case of California Assn. of Medicals Product Suppliers v. Maxwell-Jolly, 199 Cal. App. 4th 286 (2011) recently addressed those and related requirements, stating, among other things, that "[m]ere speculative belief is not sufficient to support an agency declaration of its initial detarmination about economic impact . . . ." Id at 305-306. Rather, "the agency must provide in the record any '"facts, evidence, documents, testimony, or other evidence"' upon which it relies for its initial determination." Id at 306. Moreover, "an agency specifcally must assess the potential adverse economic impact on California businesses and individuals of a proposed regulation and declare in the notice of proposed action any 'initial detarmination'" of the economic impact. Id. It is abudantly clear that the post-2020 aspects of the 2013 Scoping Plan Amendments will have an enormnous adverse economic impact on California, its people, and its businesses. Accordingly, the proposed amendments must contain details and specifics regarding costs to California of the post 2020 goals, so that the public is provided a full opportunity to evaluate and comment on such impacts.
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Date and Time Comment Was Submitted: 2013-08-05 16:23:37
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