BILL NUMBER: AB 881 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 7, 2009
AMENDED IN ASSEMBLY APRIL 28, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Huffman
(Principal coauthor: Senator Wiggins)
(Coauthor: Assembly Member Evans)
FEBRUARY 26, 2009
An act to add and repeal Division 19.1 (commencing with Section
181000) of the Public Utilities Code, relating to greenhouse gas
emissions.
LEGISLATIVE COUNSEL'S DIGEST
AB 881, as amended, Huffman. Sonoma County Regional
Climate Change Protection Agency
Authority : greenhouse gas emissions.
The Local Transportation Authority and Improvement Act authorizes
any county board of supervisors to create or designate a local
transportation authority in the county for the purposes of imposing a
retail transactions and use tax of up to 1%, by a 2/3 vote thereof,
subject to voter approval, with revenues to be used for
transportation improvements.
The California Global Warming Solutions Act of 2006 requires the
State Air Resources 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.
This bill, until December 1, 2015, would create the Sonoma County
Regional Climate Change Protection
Agency Authority . The bill would
provide for the agency authority to be
governed by the same board as that governing the Sonoma County
Transportation Authority, which was created pursuant to the Local
Transportation Authority and Improvement Act, if all members
of that board concur and elect to serve, and would
impose certain duties on the authority, thereby imposing a
state-mandated local program . The bill would provide that the
agency authority is a separate entity
from the authority Sonoma County
Transportation Authority . The bill would authorize the
agency authority , in cooperation with
local entities that elect to participate, to perform coordination and
implementation activities, within the boundaries of Sonoma County,
to assist those entities in meeting their greenhouse gas emission
reduction goals and develop, coordinate, and implement programs and
policies to comply with the California Global Warming Solutions Act
and other federal or state mandates and programs designed to respond
to greenhouse gas emissions and climate change. The bill would
authorize the agency authority to apply
for, and to receive grants of, funds to carry out its functions, and
would require those funds to be held in a separate account. The
bill would prohibit the use of transportation funds by the authority
other than for transportation activities. The bill would
prohibit funding from the Traffic Relief Act for Sonoma County
(Measure M), approved by voters in 2004 to be used for these
purposes.. purposes.
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: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Division 19.1 (commencing with Section 181000) is added
to the Public Utilities Code, to read:
DIVISION 19.1. SONOMA COUNTY CLIMATE CHANGE
PROTECTION AGENCY REGIONAL CLIMATE PROTECTION
AUTHORITY
181000. The Sonoma County Climate Change Protection
Agency Regional Climate Protection Authority is
hereby created. For the purposes of this division, "agency"
"authority" means the Sonoma County
Climate Change Protection Agency Regional Climate
Protection Authority .
181001. The agency authority is a
public instrumentality and may be governed by the
same board as that governing the Sonoma County Transportation
Authority if all of the members of that board concur and
elect to serve. The agency Authority. The authority
is, however, a separate entity from the Sonoma County
Transportation Authority.
181002. Each member of the authority shall be an elected official
of a local governmental entity within the county. Members of the
board of supervisors serving on the authority shall comprise less
than a majority of the authority.
181002. The agency
181003. The authority , in cooperation with
local entities that elect to participate, may perform coordination
and implementation activities, within the boundaries of Sonoma
County, to assist those entities in meeting their greenhouse gas
emission reduction goals as set forth in resolutions and adopted
plans and develop, coordinate, and implement programs and policies to
comply with Chapter 488 of the Statutes of 2006 and other federal or
state mandates and programs designed to respond to greenhouse gas
emissions and climate change.
181003. 181004. Activities
authorized under Section 181002 181003
shall include, but not be limited to, the following:
(a) Reduction of energy consumption.
(b) Coordination and implemention of energy efficiency projects.
(c) Increasing efficiency of water use.
(d) Utilizing carbon sequestration opportunities.
(e) Administration of grants to local entities.
(f) Alternative transportation options.
(g) Measuring and quantifying ongoing greenhouse gas reductions.
181005. The authority shall adopt rules for its proceedings
consistent with the laws of the state.
181006. A majority of the members of the authority constitutes a
quorum for the transaction of business, and all official acts of the
authority require the affirmative vote of a majority of the members
of the authority.
181007. The acts of the authority shall be expressed by motion,
resolution, or ordinance.
181008. All meetings of the authority shall be conducted pursuant
to Chapter 9 (commencing with Section 54950) of Part 1 of Division 2
of Title 5 of the Government Code.
181009. The authority shall do all of the following:
(a) Adopt an annual budget.
(b) Adopt an administrative code, by ordinance, which prescribes
the powers and duties of the authority officers, the method of
appointment of the authority employees, and methods, procedures, and
systems of operation and management of the authority.
(c) Cause a postaudit of the financial transactions and records of
the authority to be made at least annually by a certified public
accountant.
(d) Do any and all things necessary to carry out the purposes of
this division.
181010. The members of the authority shall be compensated as
determined by the authority and shall be reimbursed for necessary and
reasonable expenses incurred in connection with performing authority
duties.
181011. (a) Notice of the time and place of a public hearing on
the adoption of the annual budget shall be published pursuant to
Section 6061 of the Government Code not later than 15 days prior to
the hearing.
(b) The proposed annual budget shall be available for public
inspection at least 15 days prior to the hearing.
181012. The authority may sue and be sued, except as provided by
law, in all actions and proceedings, in all courts and tribunals of
competent jurisdiction.
181013. All claims for money or damages against the authority are
governed by Division 3.6 (commencing with Section 810) of Title 1 of
the Government Code, except as provided therein, or by other statute
or regulation expressly applicable thereto.
181004. The agency
181014. The authority may apply for funds
available to carry out its functions and may receive grants of funds
to carry out its functions. All funds available to the
agency authority shall be held in a separate
account and accounted for independently. No transportation funds
may be used for purposes of this division other than those
activities of the authority related to transportation. No
funding from the Traffic Relief Act for Sonoma County (Measure M),
approved by voters in 2004 shall be used for the purpose of this
division.
181015. Nothing in this division shall supersede or interfere
with activities, plans, or actions of other local agencies.
181005. 181016. This division shall
become inoperative on December 1, 2015, and, as of January 1, 2016,
is repealed, unless a later enacted statute, that becomes operative
on or before January 1, 2016, deletes or extends the dates on which
it becomes inoperative and is repealed.
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 are the result of a program for which
legislative authority was requested by that local agency or school
district, within the meaning of Section 17556 of the Government Code
and Section 6 of Article XIII B of the California Constitution.