BILL NUMBER: AB 231	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Huffman
   (Principal coauthor: Senator Pavley)

                        FEBRUARY 5, 2009

   An act to amend Section 38597 of, and to add Section 38597.5 to,
the Health and Safety Code, relating to air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 231, as introduced, Huffman. California Global Warming
Solutions Act of 2006: Climate Protection Trust Fund.
   The California Global Warming Solutions Act of 2006 requires the
State Air Resources Board to adopt regulations to require the
reporting and verification of emissions of greenhouse gases and to
monitor and enforce compliance with the reporting and verification
program, and 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. The act 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. The act authorizes the state
board to include the use of market-based compliance mechanisms. The
act authorizes the state board to adopt a schedule of fees to be paid
by the sources of greenhouse gas emissions regulated pursuant to the
act, and requires the revenues collected pursuant to that fee to be
deposited into the Air Pollution Control Fund and be available, upon
appropriation by the Legislature, for purposes of carrying out the
act.
   This bill would instead require the state board to, no later than
March 30, 2010, adopt a schedule of fees, as provided. The revenues
collected would be deposited in the Climate Protection Trust Fund,
which the bill would create. All other compliance revenues collected
pursuant to the act, including fines and penalties, would be required
to be deposited into the fund, and would be available, upon
appropriation by the Legislature, for the purposes of carrying out
the act.
   Because failure to pay the fee would be a crime, this bill would
impose a state-mandated local program by creating a new crime.
   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.  Section 38597 of the Health and Safety Code is amended
to read:
   38597.   (a)    The state board  may
  shall  adopt by regulation  no later than
March 30, 2010  , 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   Climate Protection Trust Fund  . 
   (b) The fees established by the state board pursuant to this
section shall be designed to allocate the costs of implementing this
division based on the contribution of the source to statewide
emissions of greenhouse gases, and to meet all of the following
goals:  
   (1) Minimize costs and maximize total benefits to California,
while achieving the statewide greenhouse gas emissions limit
established pursuant to Section 38550.  
   (2) Reduce disproportionate impacts on low-income communities.
 
   (3) Provide incentives to reduce greenhouse gas emissions. 

   (4) Implement any market-based compliance mechanisms adopted by
the state board.  
   (c) The amount of fees per unit of greenhouse gas emissions may be
established directly by the state board or through a market
mechanism. The total amount of fees collected shall not exceed the
reasonable costs of implementing this division. 
  SEC. 2.  Section 38597.5 is added to the Health and Safety Code, to
read:
   38597.5.  The Climate Protection Trust Fund is hereby established
in the State Treasury. All compliance revenues collected pursuant to
this division, including, but not limited to, all fees collected
pursuant to Section 38597 and all fines and penalties collected
pursuant to Section 38580 shall be deposited into the Climate
Protection Trust Fund, and are available, upon appropriation by the
Legislature, for the purposes of carrying out this division.
  SEC. 3.  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.