Making rules includes both the adoption of new rules and the revision of existing rules. The process emphasizes opportunities for public input in order to address the concerns of affected businesses and community groups and to ensure an understandable, workable, and enforceable rule.
How to Create a Rule
The District’s Rule Development Section in the Planning Division coordinates this process and assigns a designated contact for each rule. Public input to rule development is actively sought and an effort is made to identify all parties that may be affected by the rule. These parties are kept informed throughout the process by mailings, which note public forums where the rule will be discussed, locations where the draft rule may be reviewed, how to submit comments, and the date, time, and place of the public hearing where the rule will be considered for adoption. The District posts current rulemaking activities on our web site.
The following sections outlines the rule development process:
All rules get their start by identifying the need for a new requirement. Often this is in the form of a legal mandate such as the Ozone Plan, which is adopted by the APCD Board of Directors to bring the county into compliance with the health-based clean air standards. Other rules originate from specific state or federal mandates, or special public health concerns. To create a draft rule, the rulemaker must perform all of the following:
- The rulemaker performs comprehensive research on the rule subject, such as reviewing relevant guidance provided by the U.S. Environmental Protection Agency (EPA), the California Air Resources Board (ARB), and other districts’ rules.
- Based on the research, the rulemaker prepares an outline of how the rule would work.
- The rulemaker solicits input on the draft rule from District staff involved in permitting, monitoring, and enforcement.
- The rulemaker prepares a draft rule and sends it to both EPA and ARB for review and comments.
The rulemaker also prepares a detailed Staff Report that explains:
- The reason for the rule adoption;
- The types of businesses that will be affected and ways in which those businesses may comply with the rule;
- The estimated compliance costs and pollution reduction benefits of the rule (if any); and
- Any impacts the rule may have on the environment, in accordance with the California Environmental Quality Act.
After incorporating all EPA, ARB, and District staff comments, the rule is ready to be reviewed by the public. The District publishes a legal advertisement in the newspaper that indicates where a copy of the draft rule may be reviewed, and informs the public that they can submit written comments on the rule.
For most rule development proceedings, a public workshop is also performed. The location and time of the workshop(s) will also be in the legal advertisement. At the workshop, the rule is thoroughly explained, and the public may ask questions, make suggestions, and submit comments. Any written public comments received and the District responses to the comments will be incorporated into the staff report.
Community Advisory Council Meetings
The District presents the draft rule to the Community Advisory Council (CAC). The District Board of Directors appoints members to this group. The CAC makes recommendations to the District Board regarding the adoption of rules. Before making a recommendation to the Board, the CAC may ask for additional clarifications or modifications to the rule. The public may also participate during CAC meetings.
Proposed Rule Package
Based on comments from the public, industry, CAC, and other agencies, the rulemaker revises the draft rule and prepares the rule for adoption.
The District publishes another legal advertisement in the newspaper that indicates that the District is proposing the rule for adoption. By law, the District is required to publish a public notice in a local newspaper at least 30 days in advance of the adoption hearing. The District typically publishes legal ads in the Santa Barbara News-Press.
Board of Directors — Rule Adoption Hearing
The District’s Board of Directors is made up of the same individuals as the County Board of Supervisors, plus representatives from each city in Santa Barbara County.
At the adoption hearing, the District’s Board of Directors reviews all pertinent information regarding the new or modified rule. The public may also comment on the proposed rule at the hearing. If the Board agrees with the District’s assessment after reviewing all the material and hearing all the comments, the rule is formally adopted. If for some reason there are any unresolved issues, the Board may postpone the adoption hearing until a later date.
After the rule is formally adopted, the District distributes a copy of the adopted rule to subscribers of the District’s rule update service. The District enforcement staff may perform additional public outreach to help affected businesses and industries comply with any new requirements.
How to Stay Informed
To be kept informed of any proposed rule changes, please visit our Subscription page.
For more information on rulemaking, contact the Rules Division at [email protected].