Environment Committee

JOINT FAVORABLE REPORT

Bill No.:

HB-5314

Title:

AN ACT CONCERNING THE INCORPORATION BY REFERENCE OF CALIFORNIA'S LOW-EMISSION VEHICLE PROGRAM.

Vote Date:

3/4/2016

Vote Action:

Joint Favorable Substitute

PH Date:

2/24/2016

File No.:

SPONSORS OF BILL:

Environment Committee

REASONS FOR BILL:

This bill simplifies and streamlines the legislative process laid out in Statutes that regulates low-emission vehicles by authorizing incorporation by reference any changes to California's regulations for such vehicles. Currently, California adopts new low emissions vehicle program regulations on average once per year and incorporation of these regulations places a significant burden on DEEP's limited resources.

Substitute language reflects a compromise to pre-notify the Environment and Regulations Review Committees prior to incorporating California based changes.

RESPONSE FROM ADMINISTRATION/AGENCY:

Robert Klee, Commissioner, Dept. of Energy and Environmental Protection

Motor vehicles are the largest source of toxic and smog-forming air pollutants in Connecticut. Since the federal Clean Air Act preempts Connecticut from adopting emission standards that vary from those adopted by the State of California, this proposal makes changes to section 22a-174g of the General Statutes to allow for prospective incorporation by reference of the California light duty vehicle standards into DEEP's implementing regulations. Other states including Delaware and New Jersey, have utilized prospective incorporation by reference to comply with California's frequent LEV Program updates.

NATURE AND SOURCES OF SUPPORT:

None Expressed

NATURE AND SOURCES OF OPPOSITION:

John Chunis, Rocky Hill testifies that it is “bad practice” and may constitute a violation of the State constitution to automatically incorporate the laws of another State into Connecticut statutes with review by the Regulations Review Committee.

Wayne Weikel, Senior Director, State Affairs, Alliance of Automobile Manufacturers

The incorporation by reference of any substantive changes deprives interested parties in Connecticut the opportunity to review the rule amendment proposals and provide comment. Further, it

deprives policymakers the opportunity to thoroughly review the state's participation in CA LEV when modifications occur and actively decide the state's continued commitment to the program.

Reported by: Jane Dauphinais

Date: 3/8/2016