BILL NUMBER: AB 109 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 18, 2007
AMENDED IN SENATE JULY 2, 2007
INTRODUCED BY Assembly Member Nunez
( Coauthor: Assembly Member
Laird )
JANUARY 5, 2007
An act to amend Section 65041.1 of the Government Code, and to add
Sections 38531 and 38599.5 to the Health and Safety Code, relating
to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 109, as amended, Nunez. California Global Warming Solutions Act
of 2006: annual report.
(1) Existing law imposes various limitations on emissions of air
contaminants for the control of air pollution from vehicular and
nonvehicular sources. Existing law designates the State Air Resources
Board as the state agency with the primary responsibility for the
control of vehicular air pollution, and air pollution control
districts and air quality management districts with the primary
responsibility for the control of air pollution from all sources
other than vehicular sources. Existing law, the California Global
Warming Solutions Act of 2006, designates the state board as 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. The act requires the state
board to adopt a statewide greenhouse gas emissions limit equivalent
to the statewide greenhouse gas emissions levels in 1990 to be
achieved by 2020, as specified, and requires the state board to adopt
rules and regulations in an open public process to achieve the
maximum technologically feasible and cost-effective greenhouse gas
emission reductions, as specified.
This bill would require that, beginning January 1, 2009, and
annually thereafter, the Governor, the Treasurer's office, the Public
Employees' Retirement System, and the State Teachers' Retirement
System report to the Legislature specified information relating to
greenhouse gas emissions and green investments
made in the alternative energy or clean technology business
. The bill would require that, beginning January 10, 2009, all
the land conservancies within the Resources Agency, the Department of
Parks and Recreation, the state forests under the management or
ownership of the Department of Forestry and Fire Protection, and the
Wildlife Conservation Board, in coordination with the Department of
Fish and Game, report to the Legislature past, current, and future
activities to sequester greenhouse gas emissions. The bill would
require the state board to report to the Legislature annually on the
status and progress of implementing the act.
(2) Existing law requires the Governor to prepare and cause to be
maintained, reviewed, and revised a comprehensive State Environmental
Goals and Policy Project. Existing law requires that any revision to
the report provide that the goals are consistent with prescribed
planning priorities.
This bill would include in the prescribed planning priorities the
reduction of greenhouse gas emissions , consistent with
Chapter 200 of the Statutes of 2002 and Chapter 488 of the Statutes
of 2006 .
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) Beginning January 1, 2009, and
annually thereafter, and consistent with each report's mandated due
date, the Governor shall begin reporting greenhouse gas emissions
pursuant to Section 65041.1 of the Government Code in the five-year
infrastructure plan, Chapter 606 of the Statutes of 1999, as
subsequently amended, the State Environmental Goals and Policy Report
required pursuant to Section 65041 of the Government Code, and any
strategic growth plan proposed by the Governor.
SECTION 1. (a) Beginning January 1, 2009, and
annually thereafter, and consistent with each report's mandated due
date and the state planning priorities specified in Section 65041.1
of the Government Code, the Governor shall begin reporting greenhouse
gas emissions in the five-year infrastructure plan required pursuant
to Article 2 (commencing with Section 13100) of Division 3 of Title
2 of the Government Code, the State Environmental Goals and Policy
Report required pursuant to Article 5 (commencing with Section 65041)
of Division 1 of Title 7 of the Government Code, and any strategic
growth plan proposed by the Governor.
(b) When the Governor submits the 2008 State Environmental Goals
and Policy Report, the report shall be revised to also
include the state land use planning
priority established by this act and submitted to the Legislature by
January 1, 2009. This revision shall not change the regularly
scheduled four-year updates provided in Section 65048 of the
Government Code.
SEC. 2. Beginning January 1, 2009, and annually thereafter, the
Treasurer's office, the Public Employees' Retirement System, and the
State Teachers' Retirement System shall report to the Legislature on
their efforts to make green investments the
investments they make in the alternative energy or clean technology
business, consistent with current programs and policies. Alternative
energy or clean technologies may include, but are not limited to,
energy efficiency, green design, renewable energy, resource efficient
manufacturing processes, resource recovery, clean water quality,
water use efficiency, clean air quality, or environmental
sustainability .
SEC. 3. Section 65041.1 of the Government Code is amended to read:
65041.1. The state planning priorities, which are intended to
promote equity, strengthen the economy, protect the environment, and
promote public health and safety in the state, including in urban,
suburban, and rural communities, shall be as follows:
(a) To promote infill development and equity by rehabilitating,
maintaining, and improving existing infrastructure that supports
infill development and appropriate reuse and redevelopment of
previously developed, underutilized land that is presently served by
transit, streets, water, sewer, and other essential services,
particularly in underserved areas, and to preserving cultural and
historic resources.
(b) To protect environmental and agricultural resources by
protecting, preserving, and enhancing the state's most valuable
natural resources, including working landscapes such as farm, range,
and forest lands, natural lands such as wetlands, watersheds,
wildlife habitats, and other wildlands, recreation lands such as
parks, trails, greenbelts, and other open space, and landscapes with
locally unique features and areas identified by the state as
deserving special protection.
(c) To encourage efficient development patterns by ensuring that
any infrastructure associated with development, other than infill
development, supports new development that does all of the following:
(1) Uses land efficiently.
(2) Is built adjacent to existing developed areas to the extent
consistent with the priorities specified pursuant to subdivision (b).
(3) Is located in an area appropriately planned for growth.
(4) Is served by adequate transportation and other essential
utilities and services.
(5) Minimizes ongoing costs to taxpayers.
(d) To reduce greenhouse gas emissions, consistent with
Chapter 200 of the Statutes of 2002 and Chapter 488 of the Statutes
of 2006. Division 26.5 (commencing with Section 38500)
of, and Section 43018.5 of, the Health and Safety Code.
SEC. 4. Section 38531 is added to the Health and Safety Code, to
read:
38531. In conjunction with the Governor's Budget submitted
pursuant to Section 13337 of the Government Code, commencing January
10, 2009, all of the land conservancies within the Resources Agency,
the Department of Parks and Recreation, the state forests under the
management or ownership of the Department of Forestry and Fire
Protection, and the Wildlife Conservation Board, in coordination with
the Department of Fish and Game, shall report to the Legislature
their past, current, and future activities, by program, project, or
acquisition, to sequester greenhouse gas emissions, and where
feasible, quantify the benefits realized of their greenhouse gas
emissions sequestering activities, by program, project, or
acquisition.
SEC. 5. Section 38599.5 is added to the Health and Safety Code, to
read:
38599.5. On or before January 1, 2008, and annually thereafter,
the state board shall report to the Legislature on the status and
progress of implementing the provisions of this division.