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Senate Bill 1393 (Kuehl 2002)

Chapter 1121, Statutes of 2002 - SB 1393

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As enacted in 2002, Senate Bill 1393 amended sections 21080.5, 21151, and 21167.6 of and added section 21167.6.5 to the Public Resources Code.  (See Exhibit A, #1k)  This bill was introduced on February 13, 2002 by Senator Gloria Romero, who was also the sponsor of this bill.  (See Exhibit A, #1a and #5a, page 1)  She was later joined by Senator Sheila Kuehl as co-author in the second to last amended version of the bill when the contents of the bill were gutted and replaced with a different proposal.  (See Exhibit A, #1i)  At this point, the following occurred to the bill:

. . . The Assembly Amendments strike the Senate version.  As it left the Senate, the bill was authored by Romera [sic] and related to wood treated with arsenical preservations.  This bill now requires the Secretary of the Resources Agency (Secretary), by July 1, 2003, to develop a protocol for reviewing the prospective application of a certified regulatory program (CRP) to evaluate its consistency with the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code section 21000 et seq.).(See Exhibit A, #13, page 1) 

This new part of the bill was sponsored by the Planning and Conservation League (PCL).  (See Exhibit A, #13, page 2)

Senate Bill 1393 was first heard in the Senate Committee on Environmental Quality and the Assembly Committee on Environmental Safety and Toxic Materials where policy issues raised by the bill were considered.  (Exhibit A, #2)  The Senate and Assembly Committees on Appropriations examined the bill’s fiscal implications.  (Id.)  Senate Bill 1393 was amended nine times during legislative consideration.  (See Exhibit A, #1b through #1j and #2)  Subsequent to legislative approval, Governor Gray Davis signed Senate Bill 1393 on September 30th and it was recorded by the Secretary of State on that date as Chapter 1121 of the Statutes of 2002.  (See Exhibit A, #1k and #2)

The Third Reading analysis of Senate Bill 1393 produced by the Assembly Committee on Environmental Safety and Toxic Materials as last amended provides the following specific description of the bill...(See Exhibit A, #12b, page 1)