Bill Guerry’s CERT Testimony before California Senate Environmental Quality Committee
April 19, 2010  

Today, I am testifying in strong support of SB1402 – on behalf of CERT – Californians for Enforcement Reform and Transparency.  CERT includes 17 organizations representing thousands of California businesses.  A former CARB Chairman, John Dunlap, and I have helped CERT develop good government solutions that have been incorporated into SB 1402.

First, the bill strengthens transparent and open government.  CARB, in its penalty assessments, should explain: (1) the specific statutory authority; (2) how it calculated the proposed penalty; and (3) the impact to air pollution.  Accordingly, violators will know they are being treated fairly and will settle more often and more quickly.

Second, CARB should adopt a formal enforcement penalty policy based on the effective penalty criteria the legislature adopted in 1996 for fuel violations.  These criteria focus on the air quality impacts of the violation.

To achieve our mutual environmental goals, the largest penalties should be consistently imposed on gross violations that harm air quality – and that harm (in the marketplace) the reputable CERT members that build or purchase emissions-compliant products.

These reforms are an important step – CERT looks forward to continuing to work with the Members and Committee Staff on the ongoing investigation of additional reforms.  As the helpful Consultant’s Analysis states (in line 7 on pg. 7), other options or reforms could “decrease air pollution while increasing transparency and clarity, enhance enforcement and help ensure a level playing field for regulated entities.”