BILL NUMBER: AB 1493	CHAPTERED
	BILL TEXT

	CHAPTER  200
	FILED WITH SECRETARY OF STATE  JULY 22, 2002
	APPROVED BY GOVERNOR  JULY 22, 2002
	PASSED THE ASSEMBLY  JULY 1, 2002
	PASSED THE SENATE  JUNE 29, 2002
	AMENDED IN SENATE  JUNE 28, 2002
	AMENDED IN ASSEMBLY  MAY 3, 2001

INTRODUCED BY   Assembly Member Pavley
   (Principal coauthor:  Assembly Member Simitian)
   (Principal coauthor:  Senator Burton)
   (Coauthors:  Assembly Members Aroner, Chu, Cohn, Diaz, Firebaugh,
Frommer, Jackson, Keeley, Kehoe, Koretz, Longville, Nation, Shelley,
and Strom-Martin)
   (Coauthors:  Senators Bowen, Escutia, Kuehl, Perata, and Romero)

                        FEBRUARY 23, 2001

   An act to amend Section 42823 of, and to add Section 43018.5 to,
the Health and Safety Code, relating to air quality.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1493, Pavley.  Vehicular emissions:  greenhouse gases.
   (1) Existing law establishes the California Climate Action
Registry, and requires the registry to perform various functions
relating to the provision of technical assistance for emissions
reductions, including maintaining a record of certified greenhouse
gas emission baselines and emission results.  Existing law requires
these records to be available to the public, except for any portion
deemed confidential by a participant in the registry.  Existing law,
the California Public Records Act, provides that all public records,
as defined, are open to inspection at all times during the office
hours of a state or local agency and any person has a right to
inspect any public record, except as specifically provided in the
act.
   This bill would revise the exception applicable to records
maintained by the registry to make those records available to the
public, except that portion of the data or information exempt from
disclosure pursuant to the act.  The bill would require the registry,
in consultation with the State Air Resources Board, to adopt
procedures and protocols for the reporting and certification of
reductions in greenhouse gas emissions from mobile sources for use by
the state board in granting the emission reduction credits.
   (2) Existing law requires the state board to endeavor to achieve
the maximum degree of emission reductions possible from vehicular and
other mobile sources in order to accomplish the attainment of the
state standards at the earliest practicable date.
   This bill would require the state board to develop and adopt, by
January 1, 2005, regulations that achieve the maximum feasible
reduction of greenhouse gases emitted by passenger vehicles and
light-duty trucks and any other vehicles determined by the state
board to be vehicles whose primary use is noncommercial personal
transportation in the state.  The bill would prohibit those
regulations from taking effect prior to January 1, 2006, in order to
give the Legislature time to review the regulations and determine
whether further legislation should be enacted prior to the effective
date of the regulations.  Under the bill, the regulations would apply
only to a motor vehicle manufactured in the 2009 model year, or any
model year thereafter.
   The bill would require the regulations to provide flexibility, to
the maximum extent feasible, in the means by which a person may
comply with those regulations, including, but not limited to,
authorization for a person to use alternative methods of compliance
with the regulations.  The bill would prohibit the state board from
imposing a mandatory trip reduction measure or land use restriction
in providing that compliance flexibility.  The bill would prohibit
the state board, in adopting the regulations, from requiring the
imposition of additional fees and taxes on any motor vehicle, fuel,
or vehicle miles traveled; a ban on the sale of any vehicle category,
a reduction in vehicle weight; a limitation on, or reduction of, the
speed limit on any street or highway in the state; or a limitation
on, or reduction of, vehicle miles traveled.  The bill would declare
that the provisions of the bill prohibiting the state board from
imposing additional fees or taxes on any motor vehicle, fuel, or
vehicle miles traveled, or to limit or reduce the speed limit on any
street or highway in the state to be declaratory of existing law.
The bill would require the state board to ensure that any alternative
methods of compliance achieve equivalent or greater reductions in
emissions of greenhouse gases as the regulations.  The bill would
also require the state board to conduct public workshops regarding
the regulations in specified communities with the most significant
exposure to air contaminants.  The bill would also require the state
board to grant emission reduction credits for reductions of
greenhouse gas emissions achieved prior to the operative date of the
regulations, utilizing the 2000 model year as the baseline for
calculating those reductions.  The bill would require the state board
to include an exemption in those regulations for vehicles subject to
specified exhaust emission standards.  The bill would authorize the
state board to elect not to adopt a standard for a greenhouse gas, if
the state board determines that the federal government has adopted a
standard regulating that greenhouse gas, and the state board makes
specified findings related to the similarity of the federal standard.
  The bill would also require the state board, by January 1, 2005, to
provide a report to the Legislature on the contents of those
regulations.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature hereby finds and declares all of the
following:
   (a) Global warming is a matter of increasing concern for public
health and the environment in the state.
   (b) California is the fifth largest economy in the world.
   (c) The control and reduction of emissions of greenhouse gases are
critical to slow the effects of global warming.
   (d) Global warming would impose on California, in particular,
compelling and extraordinary impacts including:
   (1) Potential reductions in the state's water supply due to
changes in the snowpack levels in the Sierra Nevada Mountains and the
timing of spring runoff.
   (2) Adverse health impacts from increases in air pollution that
would be caused by higher temperatures.
   (3) Adverse impacts upon agriculture and food production caused by
projected changes in the amount and consistency of water supplies
and significant increases in pestilence outbreaks.
   (4) Projected doubling of catastrophic wildfires due to faster and
more intense burning associated with drying vegetation.
   (5) Potential damage to the state's extensive coastline and ocean
ecosystems due to the increase in storms and significant rise in sea
level.
   (6) Significant impacts to consumers, businesses, and the economy
of the state due to increased costs of food and water, energy,
insurance, and additional environmental losses and demands upon the
public health infrastructure.
   (e) Passenger vehicles and light-duty trucks are responsible for
approximately 40 percent of the total greenhouse gas pollution in the
state.
   (f) California has a long history of being the first in the nation
to take action to protect public health and the environment, and the
federal government has permitted the state to take those actions.
   (g) Technological solutions to reduce greenhouse gas emissions
will stimulate the California economy and provide enhanced job
opportunities.  This will continue the California automobile worker
tradition of building cars that use cutting edge technology.
   (h) It is the intent of the Legislature to require the State Air
Resources Board to adopt regulations that ensure reductions in
emissions of greenhouse gases in furtherance of Division 26
(commencing with Section 39000) of the Health and Safety Code.  It is
the further intent of the Legislature that the greenhouse gas
regulations take effect in accordance with any limitations that may
be imposed pursuant to the federal Clean Air Act (42 U.S.C. Section
7401 et seq., as amended by the federal Clean Air Act Amendments of
1990 (Pub. L. 101-549)) and the waiver provisions of the federal act.

  SEC. 2.  Section 42823 of the Health and Safety Code is amended to
read:
   42823.  The registry shall perform all of the following functions:

   (a) Provide participants with referrals to approved providers for
technical assistance and advice, upon the request of a participant,
on any or all of the following:
   (1) Designing programs to establish greenhouse gas emissions
baselines and to monitor, estimate, calculate, report, and certify
greenhouse gas emissions.
   (2) Establishing emissions reduction goals based on international
or federal best practices for specific industries and economic
sectors.
   (3) Designing and implementing organization-specific plans that
improve energy efficiency or utilize renewable energy, or both, and
that are capable of achieving emission reduction targets.
   (b) In coordination with the State Energy Resources Conservation
and Development Commission, the registry shall adopt and periodically
update a list of organizations recognized by the state as qualified
to provide the detailed technical assistance and advice in
subdivision (a) and assist participants in identifying and selecting
providers that have expertise applicable to each participant's
circumstances.
   (c) Adopt procedures and protocols for certification of reported
baseline emissions and emissions results.  When adopting procedures
and protocols for the certification, the registry shall consider the
availability and suitability of simplified techniques and tools.
   (d) Qualify third-party organizations that have the capability to
certify reported baseline emissions and emissions results, and that
are capable of certifying the participant-reported results as
provided in this chapter.
   (e) Adopt procedures and protocols, including a uniform format for
reporting emissions baselines and emissions results to facilitate
their recognition in any future regulatory regime.
   (f) Maintain a record of all certified greenhouse gas emissions
baselines and emissions results.  Separate records shall be kept for
direct and indirect emissions results.  The public shall have access
to this record, except for any portion of the data or information
that is exempt from disclosure pursuant to the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1 of the Government Code).
   (g) Encourage organizations from various sectors of the state's
economy, and those from various geographic regions of the state, to
report emissions, establish baselines and reduction targets, and
implement efficiency improvement and renewable energy programs to
achieve those targets.
   (h) Recognize, publicize, and promote participants.
   (i) In coordination with the State Energy Resources Conservation
and Development Commission and the state board, adopt
industry-specific reporting metrics at one or more public meetings.
   (j) In consultation with the state board, adopt procedures and
protocols for the reporting and certification of reductions in
emissions of greenhouse gases, to the extent permitted by state and
federal law, for those reductions achieved prior to the operative
date of the regulations described in subdivision (a) of Section
43018.5.
  SEC. 3.  Section 43018.5 is added to the Health and Safety Code, to
read:
   43018.5.  (a) No later than January 1, 2005, the state board shall
develop and adopt regulations that achieve the maximum feasible and
cost-effective reduction of greenhouse gas emissions from motor
vehicles.
   (b) (1) The regulations adopted pursuant to subdivision (a) may
not take effect prior to January 1, 2006, in order to give the
Legislature time to review the regulations and determine whether
further legislation should be enacted prior to the effective date of
the regulations, and shall apply only to a motor vehicle manufactured
in the 2009 model year, or any model year thereafter.
   (2) (A) Within 10 days of adopting the regulations pursuant to
subdivision (a), the state board shall transmit the regulations to
the appropriate policy and fiscal committees of the Legislature for
review.
   (B) The Legislature shall hold at least one public hearing to
review the regulations.  If the Legislature determines that the
regulations should be modified, it may adopt legislation to modify
the regulations.
   (c) In developing the regulations described in subdivision (a),
the state board shall do all of the following:
   (1) Consider the technological feasibility of the regulations.
   (2) Consider the impact the regulations may have on the economy of
the state, including, but not limited to, all of the following
areas:
   (A) The creation of jobs within the state.
   (B) The creation of new businesses or the elimination of existing
businesses within the state.
   (C) The expansion of businesses currently doing business within
the state.
   (D) The ability of businesses in the state to compete with
businesses in other states.
   (E) The ability of the state to maintain and attract businesses in
communities with the most significant exposure to air contaminants,
localized air contaminants, or both, including, but not limited to,
communities with minority populations or low-income populations, or
both.
   (F) The automobile workers and affiliated businesses in the state.

   (3) Provide flexibility, to the maximum extent feasible consistent
with this section, in the means by which a person subject to the
regulations adopted pursuant to subdivision (a) may comply with the
regulations.  That flexibility shall include, but is not limited to,
authorization for a person to use alternative methods of compliance
with the regulations.  In complying with this paragraph, the state
board shall ensure that any alternative methods for compliance
achieve the equivalent, or greater, reduction in emissions of
greenhouse gases as the emission standards contained in the
regulations.  In providing compliance flexibility pursuant to this
paragraph, the state board may not impose any mandatory trip
reduction measure or land use restriction.
   (4) Conduct public workshops in the state, including, but not
limited to, public workshops in three of the communities in the state
with the most significant exposure to air contaminants or localized
air contaminants, or both, including, but not limited to, communities
with minority populations or low-income populations, or both.
   (5) (A) Grant emissions reductions credits for any reductions in
greenhouse gas emissions from motor vehicles that were achieved prior
to the operative date of the regulations adopted pursuant to
subdivision (a), to the extent permitted by state and federal law
governing emissions reductions credits, by utilizing the procedures
and protocols adopted by the California Climate Action Registry
pursuant to subdivision (j) of Section 42823.
   (B) For the purposes of this section, the state board shall
utilize the 2000 model year as the baseline for calculating emission
reduction credits.
   (6) Coordinate with the State Energy Resources Conservation and
Development Commission, the California Climate Action Registry, and
the interagency task force, convened pursuant to subdivision (e) of
Section 25730 of the Public Resources Code, in implementing this
section.
   (d) The regulations adopted by the state board pursuant to
subdivision (a) shall not require any of the following:
   (1) The imposition of additional fees and taxes on any motor
vehicle, fuel, or vehicle miles traveled, pursuant to this section or
any other provision of law.
   (2) A ban on the sale of any vehicle category in the state,
specifically including, but not limited to, sport utility vehicles
and light-duty trucks.
   (3) A reduction in vehicle weight.
   (4) A limitation on, or reduction of, the speed limit on any
street or highway in the state.
   (5) A limitation on, or reduction of, vehicle miles traveled.
   (e) The regulations adopted by the state board pursuant to
subdivision (a) shall provide an exemption for those vehicles subject
to the optional low-emission vehicle standard for oxides of nitrogen
(NOx) for exhaust emission standards described in paragraph (9) of
subdivision (a) of Section 1961 of Title 13 of the California Code of
Regulations.
   (f) Not later than July 1, 2003, the California Climate Action
Registry, in consultation with the state board, shall adopt
procedures for the reporting of reductions in greenhouse gas
emissions from mobile sources to the registry.
   (g) By January 1, 2005, the state board shall report to the
Legislature and the Governor on the content of the regulations
developed and adopted pursuant to this section, including, but not
limited to, the specific actions taken by the state board to comply
with paragraphs (1) to (6), inclusive, of subdivision (c), and with
subdivision (f).  The report shall include, but shall not be limited
to, an analysis of both of the following:
   (1) The impact of the regulations on communities in the state with
the most significant exposure to air contaminants or toxic air
contaminants, or both, including, but not limited to, communities
with minority populations or low-income populations, or both.
   (2) The economic and public health impacts of those actions on the
state.
   (h) If the federal government adopts a standard regulating a
greenhouse gas from new motor vehicles that the state board
determines is in a substantially similar timeframe, and of equivalent
or greater effectiveness as the regulations that would be adopted
pursuant to this section, the state board may elect not to adopt a
standard on any greenhouse gas included in the federal standard.
   (i) For the purposes of this section, the following terms have the
following meanings:
   (1) "Greenhouse gases" means those gases listed in subdivision (g)
of Section 42801.1.
   (2) "Maximum feasible and cost-effective reduction of greenhouse
gas emissions" means the greenhouse gas emission reductions that the
state board determines meet both of the following criteria:
   (A) Capable of being successfully accomplished within the time
provided by this section, taking into account environmental,
economic, social, and technological factors.
   (B) Economical to an owner or operator of a vehicle, taking into
account the full life-cycle costs of a vehicle.
   (3) "Motor vehicle" means a passenger vehicle, light-duty truck,
or any other vehicle determined by the state board to be a vehicle
whose primary use is noncommercial personal transportation.
  SEC. 4.  Paragraphs (3) and (4) of subdivision (d) of Section
43018.5 of the Health and Safety Code, as added by this act, do not
constitute a change in, but are declaratory of, the existing law.