Comment Log Display

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.