BILL NUMBER: AB 32	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 30, 2006
	AMENDED IN SENATE  AUGUST 23, 2006
	AMENDED IN SENATE  AUGUST 9, 2006
	AMENDED IN SENATE  AUGUST 7, 2006
	AMENDED IN SENATE  JUNE 22, 2006
	AMENDED IN SENATE  APRIL 18, 2006
	AMENDED IN SENATE  AUGUST 15, 2005
	AMENDED IN ASSEMBLY  MARCH 31, 2005

INTRODUCED BY   Assembly Members Nunez and Pavley
   (Principal coauthor: Assembly Member Nation)
   (Coauthors: Assembly Members Arambula, Baca, Bass, Berg, Bermudez,
Calderon, Chan, Chavez, Chu, Cohn, Coto, De La Torre, Dymally,
Evans, Frommer, Goldberg, Hancock, Jerome Horton, Jones, Karnette,
Klehs, Koretz, Laird, Leno, Levine, Lieber, Lieu, Montanez, Mullin,
Nava, Oropeza, Ridley-Thomas, Ruskin, Saldana, Salinas, Torrico,
Vargas, Wolk, and Yee)
   (Coauthors: Senators Alarcon, Bowen, Chesbro, Escutia, Figueroa,
Kehoe, Kuehl, Lowenthal, Migden, Romero, Simitian, Soto, Speier,
Torlakson, and Vincent)

                        DECEMBER 6, 2004

    An act to amend Section 39003 of, and to add Division
25.5 (commencing with Section 38500) to, the Health and Safety Code,
and to repeal Section 25730 of the Public Resources Code, relating to
air pollution.   An act to add Division 25.5
(commencing with Section 38500) to the Health and Safety Code,
relating to air pollution. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 32, as amended, Nunez  Air pollution: greenhouse gases:
California Global Warming Solutions Act of 2006.
    (1)    Under existing law, the
State Air Resources Board (state board), the State Energy Resources
Conservation and Development Commission (Energy Commission), and the
California Climate Action Registry all have responsibilities with
respect to the control of emissions of greenhouse gases, as defined,
and the Secretary for Environmental Protection is required to
coordinate emission reductions of greenhouse gases and climate change
activity in state government.  
   This bill would enact the California Global Warming Solutions Act
of 2006. The act would create and specify the membership of the
California Greenhouse Gas Reduction Council (council) with the
purpose of coordinating the development and implementation of the
State Agency Greenhouse Gas Emission Plan. The bill would require
state bodies, as defined, to submit and the council to adopt a
statewide greenhouse gas emissions reduction plan and plan elements
and would require state bodies to adopt and implement the measures
specified in the plan or plan updates and to report annually to the
council on the progress of its plan elements. The bill would require
the council, by January 1, 2008, to prepare and submit to the
Governor and Legislature a report that makes recommendations for
changes to state law and regulation that will assist in providing
financial or other incentives to greenhouse gas emission sources and
other entities to undertake actions to reduce greenhouse gas
emissions to comply with the act. 
   This bill would require the state board to adopt 
regulations on or before January 1, 2008, establishing a program to
require the reporting and verification of statewide greenhouse gas
emissions, as defined. The bill would authorize the state board to
adopt a schedule of fees to be paid by the sources of greenhouse gas
emissions to cover the actual cost of the monitoring and reporting
program   regulations   to require the
reporting and verification of statewide greenhouse gas emissions and
to monitor and enforce compliance with this program, as specified
 . The bill would require the state board to adopt  , on
or before January 1, 2008,  a statewide greenhouse gas
emissions limit equivalent to the statewide greenhouse gas emissions
levels in 1990 to be achieved by 2020, as specified.  The
bill would also require the state board to establish by January 1,
2010, enforceable interim emissions limits, to become operative on
January 1, 2012, and January 1, 2016, that progressively reduce
emissions levels to contribute to meeting the 2020 limit, as
specified.  The bill would require the state board to adopt
 greenhouse gas emissions measures, as defined, by regulation
in order to achieve the maximum feasible reductions in greenhouse
gas emissions to meet the statewide emissions limit  
rules and regulations in an open public process to achieve the
maximum technologically feasible and cost-effective greenhouse gas
emission reductions, as specified  . The bill would authorize
the state board to adopt market  -based compliance 
mechanisms, as defined, meeting specified requirements. The bill
would require the state board to monitor compliance with and enforce
any rule, regulation, order, emission limitation, emissions reduction
measure, or market  -based compliance  mechanism adopted by
the state board, pursuant to specified provisions of existing law.
 The bill would authorize the state board to adopt a schedule of
fees to be paid by regulated sources of greenhouse gas emissions, as
specified. 
   Because the bill would require the state board to establish
emissions limits and other requirements, the violation of which would
be a crime, this bill would create a state-mandated local program.

   (2) Under existing law the Energy Commission, in consultation with
certain state agencies, departments, and boards with jurisdiction
over matters affecting climate change, is required, by January 1,
2002, to update the inventory of greenhouse gas emissions from all
sources located in the state, as identified in a specified report, to
update its inventory every 5 years, and to report on the updated
inventory to the Governor and the Legislature.  Existing law requires
the Energy Commission to conduct at least one public workshop prior
to finalizing each updated inventory and to post its report and
inventory on the Internet. Existing law additionally requires the
Energy Commission to convene an interagency task force consisting of
state agencies with jurisdiction over matters affecting climate
change to ensure policy coordination for those activities, and to
establish a climate change advisory committee, as provided, to make
recommendations to the Energy Commission on the most equitable and
efficient ways to implement international and national climate change
requirements, as provided.  
   This bill would delete the above-described requirements and
instead transfer the duty of preparing an inventory of greenhouse gas
emissions, as specified, from the Energy Commission to the state
board. 
   (3)    The California
Constitution requires the state to reimburse local agencies and
school districts for certain costs mandated by the state. Statutory
provisions establish procedures for making that reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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


   SECTION 1.    Division 25.5   (commencing
with Section 38500) is added to the   Health and Safety Code
  , to read: 

       DIVISION 25.5.  CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF
2006


      PART 1.  GENERAL PROVISIONS

      CHAPTER 1.  TITLE OF DIVISION

   38500.  This division shall be known, and may be cited, as the
California Global Warming Solutions Act of 2006.
      CHAPTER 2.  FINDINGS AND DECLARATIONS

   38501.  The Legislature finds and declares all of the following:
   (a) Global warming poses a serious threat to the economic
well-being, public health, natural resources, and the environment of
California. The potential adverse impacts of global warming include
the exacerbation of air quality problems, a reduction in the quality
and supply of water to the state from the Sierra snow pack, a rise in
sea levels resulting in the displacement of thousands of coastal
businesses and residences, damage to marine ecosystems and the
natural environment, and an increase in the incidences of infectious
diseases, asthma, and other human health related problems.
   (b) Global warming will have detrimental effects on some of
California's largest industries, including agriculture, wine,
tourism, skiing, recreational and commercial fishing, and forestry.
It will also increase the strain on electricity supplies necessary to
meet the demand for summer air-conditioning in the hottest parts of
the state.
   (c) California has long been a national and international leader
on energy conservation and environmental stewardship efforts,
including the areas of air quality protections, energy efficiency
requirements, renewable energy standards, natural resource
conservation, and greenhouse gas emission standards for passenger
vehicles. The program established by this division will continue this
tradition of environmental leadership by placing California at the
forefront of national and international efforts to reduce emissions
of greenhouse gases.
   (d) National and international actions are necessary to fully
address the issue of global warming. However, action taken by
California to reduce emissions of greenhouse gases will have
far-reaching effects by encouraging other states, the federal
government, and other countries to act.
   (e) By exercising a global leadership role, California will also
position its economy, technology centers, financial institutions, and
businesses to benefit from national and international efforts to
reduce emissions of greenhouse gases. More importantly, investing in
the development of innovative and pioneering technologies will assist
California in achieving the 2020 statewide limit on emissions of
greenhouse gases established by this division and will provide an
opportunity for the state to take a global economic and technological
leadership role in reducing emissions of greenhouse gases.
   (f) It is the intent of the Legislature that the State Air
Resources Board coordinate with state agencies, as well as consult
with the environmental justice community, industry sectors, business
groups, academic institutions, environmental organizations, and other
stakeholders in implementing this division.
   (g) It is the intent of the Legislature that the State Air
Resources Board consult with the Public Utilities Commission in the
development of emissions reduction measures, including limits on
emissions of greenhouse gases applied to electricity and natural gas
providers regulated by the Public Utilities Commission in order to
ensure that electricity and natural gas providers are not required to
meet duplicative or inconsistent regulatory requirements.
   (h) It is the intent of the Legislature that the State Air
Resources Board design emissions reduction measures to meet the
statewide emissions limits for greenhouse gases established pursuant
to this division in a manner that minimizes costs and maximizes
benefits for California's economy, improves and modernizes California'
s energy infrastructure and maintains electric system reliability,
maximizes additional environmental and economic co-benefits for
California, and complements the state's efforts to improve air
quality.
   (i) It is the intent of the Legislature that the Climate Action
Team established by the Governor to coordinate the efforts set forth
under Executive Order S-3-05 continue its role in coordinating
overall climate policy.
      CHAPTER 3.  DEFINITIONS

   38505.  For the purposes of this division, the following terms
have the following meanings:
   (a) "Allowance" means an authorization to emit, during a specified
year, up to one ton of carbon dioxide equivalent.
   (b) "Alternative compliance mechanism" means an action undertaken
by a greenhouse gas emission source that achieves the equivalent
reduction of greenhouse gas emissions over the same time period as a
direct emission reduction, and that is approved by the state board.
"Alternative compliance mechanism" includes, but is not limited to, a
flexible compliance schedule, alternative control technology, a
process change, or a product substitution.
   (c) "Carbon dioxide equivalent" means the amount of carbon dioxide
by weight that would produce the same global warming impact as a
given weight of another greenhouse gas, based on the best available
science, including from the Intergovernmental Panel on Climate
Change.
   (d) "Cost-effective" or "cost-effectiveness" means the cost per
unit of reduced emissions of greenhouse gases adjusted for its global
warming potential.
   (e) "Direct emission reduction" means a greenhouse gas emission
reduction action made by a greenhouse gas emission source at that
source.
   (f) "Emissions reduction measure" means programs, measures,
standards, and alternative compliance mechanisms authorized pursuant
to this division, applicable to sources or categories of sources,
that are designed to reduce emissions of greenhouse gases.
   (g) "Greenhouse gas" or "greenhouse gases" includes all of the
following gases: carbon dioxide, methane, nitrous oxide,
hydrofluorocarbons, perfluorocarbons, and sulfur hexaflouride.
   (h) "Greenhouse gas emissions limit" means an authorization,
during a specified year, to emit up to a level of greenhouse gases
specified by the state board, expressed in tons of carbon dioxide
equivalents.
   (i) "Greenhouse gas emission source" or "source" means any source,
or category of sources, of greenhouse gas emissions whose emissions
are at a level of significance, as determined by the state board,
that its participation in the program established under this division
will enable the state board to effectively reduce greenhouse gas
emissions and monitor compliance with the statewide greenhouse gas
emissions limit.
   (j) "Leakage" means a reduction in emissions of greenhouse gases
within the state that is offset by an increase in emissions of
greenhouse gases outside the state.
   (k) "Market-based compliance mechanism" means either of the
following:
   (1) A system of market-based declining annual aggregate emissions
limitations for sources or categories of sources that emit greenhouse
gases.
   (2) Greenhouse gas emissions exchanges, banking, credits, and
other transactions, governed by rules and protocols established by
the state board, that result in the same greenhouse gas emission
reduction, over the same time period, as direct compliance with a
greenhouse gas emission limit or emission reduction measure adopted
by the state board pursuant to this division.
   (l) "State board" means the State Air Resources Board.
   (m) "Statewide greenhouse gas emissions" means the total annual
emissions of greenhouse gases in the state, including all emissions
of greenhouse gases from the generation of electricity delivered to
and consumed in California, accounting for transmission and
distribution line losses, whether the electricity is generated in
state or imported.  Statewide emissions shall be expressed in tons of
carbon dioxide equivalents.
   (n) "Statewide greenhouse gas emissions limit" or "statewide
emissions limit" means the maximum allowable level of statewide
greenhouse gas emissions in 2020, as determined by the state board
pursuant to Part 3 (commencing with Section 38850).
      CHAPTER 4.  ROLE OF STATE BOARD

   38510.  The State Air Resources Board is the state agency charged
with monitoring and regulating sources of emissions of greenhouse
gases that cause global warming in order to reduce emissions of
greenhouse gases.

      PART 2.  MANDATORY GREENHOUSE GAS EMISSIONS REPORTING

   38530.  (a) On or before January 1, 2008, the state board shall
adopt regulations to require the reporting and verification of
statewide greenhouse gas emissions and to monitor and enforce
compliance with this program.
   (b) The regulations shall do all of the following:
   (1) Require the monitoring and annual reporting of greenhouse gas
emissions from greenhouse gas emission sources beginning with the
sources or categories of sources that contribute the most to
statewide emissions.
   (2) Account for greenhouse gas emissions from all electricity
consumed in the state, including transmission and distribution line
losses from electricity generated within the state or imported from
outside the state. This requirement applies to all retail sellers of
electricity, including load-serving entities as defined in
subdivision (j) of Section 380 of the Public Utilities Code and local
publicly owned electric utilities as defined in Section 9604 of the
Public Utilities Code.
   (3) Where appropriate and to the maximum extent feasible,
incorporate the standards and protocols developed by the California
Climate Action Registry, established pursuant to Chapter 6
(commencing with Section 42800) of Part 4 of Division 26. Entities
that voluntarily participated in the California Climate Action
Registry prior to December 31, 2006, and have developed a greenhouse
gas emission reporting program, shall not be required to
significantly alter their reporting or verification program except as
necessary to ensure that reporting is complete and verifiable for
the purposes of compliance with this division as determined by the
state board.
   (4) Ensure rigorous and consistent accounting of emissions, and
provide reporting tools and formats to ensure collection of necessary
data.
   (5) Ensure that greenhouse gas emission sources maintain
comprehensive records of all reported greenhouse gas emissions.
   (c) The state board shall do both of the following:
   (1) Periodically review and update its emission reporting
requirements, as necessary.
   (2) Review existing and proposed international, federal, and state
greenhouse gas emission reporting programs and make reasonable
efforts to promote consistency among the programs established
pursuant to this part and other programs, and to streamline reporting
requirements on greenhouse gas emission sources.

      PART 3.  STATEWIDE GREENHOUSE GAS EMISSIONS LIMIT

   38550.  By January 1, 2008, the state board shall, after one or
more public workshops, with public notice, and an opportunity for all
interested parties to comment, determine what the statewide
greenhouse gas emissions level was in 1990, and approve in a public
hearing, a statewide greenhouse gas emissions limit that is
equivalent to that level, to be achieved by 2020. In order to ensure
the most accurate determination feasible, the state board shall
evaluate the best available scientific, technological, and economic
information on greenhouse gas emissions to determine the 1990 level
of greenhouse gas emissions.
   38551.  (a) The statewide greenhouse gas emissions limit shall
remain in effect unless otherwise amended or repealed.
   (b) It is the intent of the Legislature that the statewide
greenhouse gas emissions limit continue in existence and be used to
maintain and continue reductions in emissions of greenhouse gases
beyond 2020.
   (c) The state board shall make recommendations to the Governor and
the Legislature on how to continue reductions of greenhouse gas
emissions beyond 2020.

      PART 4.  GREENHOUSE GAS EMISSIONS REDUCTIONS

   38560.  The state board shall adopt rules and regulations in an
open public process to achieve the maximum technologically feasible
and cost-effective greenhouse gas emission reductions from sources or
categories of sources, subject to the criteria and schedules set
forth in this part.
   38560.5.  (a) On or before June 30, 2007, the state board shall
publish and make available to the public a list of discrete early
action greenhouse gas emission reduction measures that can be
implemented prior to the measures and limits adopted pursuant to
Section 38562.
   (b) On or before January 1, 2010, the state board shall adopt
regulations to implement the measures identified on the list
published pursuant to subdivision (a).
   (c) The regulations adopted by the state board pursuant to this
section shall achieve the maximum technologically feasible and
cost-effective reductions in greenhouse gas emissions from those
sources or categories of sources, in furtherance of achieving the
statewide greenhouse gas emissions limit.
   (d) The regulations adopted pursuant to this section shall be
enforceable no later than January 1, 2010.
   38561.  (a) On or before January 1, 2009, the state board shall
prepare and approve a scoping plan, as that term is understood by the
state board, for achieving the maximum technologically feasible and
cost-effective reductions in greenhouse gas emissions from sources or
categories of sources of greenhouse gases by 2020 under this
division. The state board shall consult with all state agencies with
jurisdiction over sources of greenhouse gases, including the Public
Utilities Commission and the State Energy Resources Conservation and
Development Commission, on all elements of its plan that pertain to
energy related matters including, but not limited to, electrical
generation, load based standards or requirements, the provision of
reliable and affordable electrical service, petroleum refining, and
statewide fuel supplies to ensure the greenhouse gas emissions
reduction activities to be adopted and implemented by the state board
are complementary, non-duplicative, and can be implemented in an
efficient and cost-effective manner.
   (b) The plan shall identify and make recommendations on direct
emission reduction measures, alternative compliance mechanisms,
market-based compliance mechanisms, and potential monetary and
non-monetary incentives for sources and categories of sources that
the state board finds are necessary or desirable to facilitate the
achievement of the maximum feasible and cost-effective reductions of
greenhouse gas emissions by 2020.
   (c) In making the determinations required by subdivision (b), the
state board shall consider all relevant information pertaining to
greenhouse gas emissions reduction programs in other states,
localities, and nations, including the northeastern states of the
United States, Canada, and the European Union.
   (d) The state board shall evaluate the total potential costs and
total potential economic and noneconomic benefits of the plan for
reducing greenhouse gases to California's economy, environment, and
public health, using the best available economic models, emission
estimation techniques, and other scientific methods.
   (e) In developing its plan, the state board shall take into
account the relative contribution of each source or source category
to statewide greenhouse gas emissions, and the potential for adverse
effects on small businesses, and shall recommend a de minimis
threshold of greenhouse gas emissions below which emission reduction
requirements will not apply.
   (f) In developing its plan, the state board shall identify
opportunities for emission reductions measures from all verifiable
and enforceable voluntary actions, including, but not limited to,
carbon sequestration projects and best management practices.
   (g) The state board shall conduct a series of public workshops to
give interested parties an opportunity to comment on the plan. The
state board shall conduct a portion of these workshops in regions of
the state that have the most significant exposure to air pollutants,
including, but not limited to, communities with minority populations,
communities with low-income populations, or both.
   (h) The state board shall update its plan for achieving the
maximum technologically feasible and cost-effective reductions of
greenhouse gas emissions at least once every five years.
   38562.  (a) On or before January 1, 2011, the state board shall
adopt greenhouse gas emission limits and emission reduction measures
by regulation to achieve the maximum technologically feasible and
cost-effective reductions in greenhouse gas emissions in furtherance
of achieving the statewide greenhouse gas emissions limit, to become
operative beginning on January 1, 2012.
   (b) In adopting regulations pursuant to this section and Part 5
(commencing with Section 38570), to the extent feasible and in
furtherance of achieving the statewide greenhouse gas emissions
limit, the state board shall do all of the following:
   (1) Design the regulations, including distribution of emissions
allowances where appropriate, in a manner that is equitable, seeks to
minimize costs and maximize the total benefits to California, and
encourages early action to reduce greenhouse gas emissions.
   (2) Ensure that activities undertaken to comply with the
regulations do not disproportionately impact low-income communities.

   (3) Ensure that entities that have voluntarily reduced their
greenhouse gas emissions prior to the implementation of this section
receive appropriate credit for early voluntary reductions.
   (4) Ensure that activities undertaken pursuant to the regulations
complement, and do not interfere with, efforts to achieve and
maintain federal and state ambient air quality standards and to
reduce toxic air contaminant emissions.
   (5) Consider cost-effectiveness of these regulations.
   (6) Consider overall societal benefits, including reductions in
other air pollutants, diversification of energy sources, and other
benefits to the economy, environment, and public health.
   (7) Minimize the administrative burden of implementing and
complying with these regulations.
   (8) Minimize leakage.
   (9) Consider the significance of the contribution of each source
or category of sources to statewide emissions of greenhouse gases.
   (c) In furtherance of achieving the statewide greenhouse gas
emissions limit, by January 1, 2011, the state board may adopt a
regulation that establishes a system of market-based declining annual
aggregate emission limits for sources or categories of sources that
emit greenhouse gas emissions, applicable from January 1, 2012, to
December 31, 2020, inclusive, that the state board determines will
achieve the maximum technologically feasible and cost-effective
reductions in greenhouse gas emissions, in the aggregate, from those
sources or categories of sources.
   (d) Any regulation adopted by the state board pursuant to this
part or Part 5 (commencing with Section 38570) shall ensure all of
the following:
   (1) The greenhouse gas emission reductions achieved are real,
permanent, quantifiable, verifiable, and enforceable by the state
board.
   (2) For regulations pursuant to Part 5 (commencing with Section
38570), the reduction is in addition to any greenhouse gas emission
reduction otherwise required by law or regulation, and any other
greenhouse gas emission reduction that otherwise would occur.
   (3) If applicable, the greenhouse gas emission reduction occurs
over the same time period and is equivalent in amount to any direct
emission reduction required pursuant to this division.
   (e) The state board shall rely upon the best available economic
and scientific information and its assessment of existing and
projected technological capabilities when adopting the regulations
required by this section.
   (f) The state board shall consult with the Public Utilities
Commission in the development of the regulations as they affect
electricity and natural gas providers in order to minimize
duplicative or inconsistent regulatory requirements.
   (g) After January 1, 2011, the state board may revise regulations
adopted pursuant to this section and adopt additional regulations to
further the provisions of this division.
   38563.  Nothing in this division restricts the state board from
adopting greenhouse gas emission limits or emission reduction
measures prior to January 1, 2011, imposing those limits or measures
prior to January 1, 2012, or providing early reduction credit where
appropriate.
   38564.  The state board shall consult with other states, and the
federal government, and other nations to identify the most effective
strategies and methods to reduce greenhouse gases, manage greenhouse
gas control programs, and to facilitate the development of integrated
and cost-effective regional, national, and international greenhouse
gas reduction programs.
   38565.  The state board shall ensure that the greenhouse gas
emission reduction rules, regulations, programs, mechanisms, and
incentives under its jurisdiction, where applicable and to the extent
feasible, direct public and private investment toward the most
disadvantaged communities in California and provide an opportunity
for small businesses, schools, affordable housing associations, and
other community institutions to participate in and benefit from
statewide efforts to reduce greenhouse gas emissions.

      PART 5.  MARKET-BASED COMPLIANCE MECHANISMS

   38570.  (a) The state board may include in the regulations adopted
pursuant to Section 38562 the use of market-based compliance
mechanisms to comply with the regulations.
   (b) Prior to the inclusion of any market-based compliance
mechanism in the regulations, to the extent feasible and in
furtherance of achieving the statewide greenhouse gas emissions
limit, the state board shall do all of the following:
   (1) Consider the potential for direct, indirect, and cumulative
emission impacts from these mechanisms, including localized impacts
in communities that are already adversely impacted by air pollution.

   (2) Design any market-based compliance mechanism to prevent any
increase in the emissions of toxic air contaminants or criteria air
pollutants.
   (3) Maximize additional environmental and economic benefits for
California, as appropriate.
   (c) The state board shall adopt regulations governing how
market-based compliance mechanisms may be used by regulated entities
subject to greenhouse gas emission limits and mandatory emission
reporting requirements to achieve compliance with their greenhouse
gas emissions limits.
   38571.  The state board shall adopt methodologies for the
quantification of voluntary greenhouse gas emission reductions. The
state board shall adopt regulations to verify and enforce any
voluntary greenhouse gas emission reductions that are authorized by
the state board for use to comply with greenhouse gas emission limits
established by the state board. The adoption of methodologies is
exempt from the rulemaking provisions of the Administrative Procedure
Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code).
                                                          38574.
Nothing in this part or Part 4 (commencing with Section 38560)
confers any authority on the state board to alter any programs
administered by other state agencies for the reduction of greenhouse
gas emissions.

      PART 6.  ENFORCEMENT

   38580.  (a) The state board shall monitor compliance with and
enforce any rule, regulation, order, emission limitation, emissions
reduction measure, or market-based compliance mechanism adopted by
the state board pursuant to this division.
   (b) (1) Any violation of any rule, regulation, order, emission
limitation, emissions reduction measure, or other measure adopted by
the state board pursuant to this division may be enjoined pursuant to
Section 41513, and the violation is subject to those penalties set
forth in Article 3 (commencing with Section 42400) of Chapter 4 of
Part 4 of, and Chapter 1.5 (commencing with Section 43025) of Part 5
of, Division 26.
   (2) Any violation of any rule, regulation, order, emission
limitation, emissions reduction measure, or other measure adopted by
the state board pursuant to this division shall be deemed to result
in an emission of an air contaminant for the purposes of the penalty
provisions of Article 3 (commencing with Section 42400) of Chapter 4
of Part 4 of, and Chapter 1.5 (commencing with Section 43025) of Part
5 of, Division 26.
   (3) The state board may develop a method to convert a violation of
any rule, regulation, order, emission limitation, or other emissions
reduction measure adopted by the state board pursuant to this
division into the number of days in violation, where appropriate, for
the purposes of the penalty provisions of Article 3 (commencing with
Section 42400) of Chapter 4 of Part 4 of, and Chapter 1.5
(commencing with Section 43025) of Part 5 of, Division 26.
   (c) Section 42407 and subdivision (i) of Section 42410 shall not
apply to this part.

      PART 7.  Miscellaneous Provisions

   38590.  If the regulations adopted pursuant to Section 43018.5 do
not remain in effect, the state board shall implement alternative
regulations to control mobile sources of greenhouse gas emissions to
achieve equivalent or greater reductions.
   38591.  (a) The state board, by July 1, 2007, shall convene an
environmental justice advisory committee, of at least three members,
to advise it in developing the scoping plan pursuant to Section 38561
and any other pertinent matter in implementing this division. The
advisory committee shall be comprised of representatives from
communities in the state with the most significant exposure to air
pollution, including, but not limited to, communities with minority
populations or low-income populations, or both.
   (b) The state board shall appoint the advisory committee members
from nominations received from environmental justice organizations
and community groups.
   (c) The state board shall provide reasonable per diem for
attendance at advisory committee meetings by advisory committee
members from nonprofit organizations.
   (d) The state board shall appoint an Economic and Technology
Advancement Advisory Committee to advise the state board on
activities that will facilitate investment in and implementation of
technological research and development opportunities, including, but
not limited to, identifying new technologies, research, demonstration
projects, funding opportunities, developing state, national, and
international partnerships and technology transfer opportunities, and
identifying and assessing research and advanced technology
investment and incentive opportunities that will assist in the
reduction of greenhouse gas emissions. The committee may also advise
the state board on state, regional, national, and international
economic and technological developments related to greenhouse gas
emission reductions.
   38592.  (a) All state agencies shall consider and implement
strategies to reduce their greenhouse gas emissions.
   (b) Nothing in this division shall relieve any person, entity, or
public agency of compliance with other applicable federal, state, or
local laws or regulations, including state air and water quality
requirements, and other requirements for protecting public health or
the environment.
   38593.  (a) Nothing in this division affects the authority of the
Public Utilities Commission.
   (b) Nothing in this division affects the obligation of an
electrical corporation to provide customers with safe and reliable
electric service.
   38594.  Nothing in this division shall limit or expand the
existing authority of any district, as defined in Section 39025.
   38595.  Nothing in this division shall preclude, prohibit, or
restrict the construction of any new facility or the expansion of an
existing facility subject to regulation under this division, if all
applicable requirements are met and the facility is in compliance
with regulations adopted pursuant to this division.
   38596.  The provisions of this division are severable. If any
provision of this division or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
   38597.  The state board may adopt by regulation, after a public
workshop, a schedule of fees to be paid by the sources of greenhouse
gas emissions regulated pursuant to this division, consistent with
Section 57001. The revenues collected pursuant to this section, shall
be deposited into the Air Pollution Control Fund and are available
upon appropriation, by the Legislature, for purposes of carrying out
this division.
   38598.  (a) Nothing in this division shall limit the existing
authority of a state entity to adopt and implement greenhouse gas
emissions reduction measures.
   (b) Nothing in this division shall relieve any state entity of its
legal obligations to comply with existing law or regulation.
   38599.  (a) In the event of extraordinary circumstances,
catastrophic events, or threat of significant economic harm, the
Governor may adjust the applicable deadlines for individual
regulations, or for the state in the aggregate, to the earliest
feasible date after that deadline.
   (b) The adjustment period may not exceed one year unless the
Governor makes an additional adjustment pursuant to subdivision (a).

   (c) Nothing in this section affects the powers and duties
established in the California Emergency Services Act (Chapter 7
(commencing with Section 8550) of Division 1 of Title 2 of the
Government Code).
   (d) The Governor shall, within 10 days of invoking subdivision
(a), provide written notification to the Legislature of the action
undertaken.  
   SEC. 2    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.   All matter omitted in this version of
the bill appears in the bill as amended in Senate, August 23, 2006
(JR11)