BILL NUMBER: AB 2329	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 8, 2010

INTRODUCED BY   Assembly Members Ruskin and Chesbro

                        FEBRUARY 19, 2010

    An act to amend Section 40824 of the Health and Safety
Code, relating to air pollution.   An act to amend
Section 12891 of the Government Code, and to add Part 5 (commencing
with Section 71400) to Division 34 of the Public Resources Code,
relating to environmental protection. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2329, as amended, Ruskin.  Air pollution: hearing
boards: notice requirements.   Environmental protection:
greenhouse gas emissions: Climate Action Team.  
   The California Global Warming Solutions Act of 2006 requires the
State Air Resources Board (state 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 (GHG) emissions limit equivalent to the
statewide GHG 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 GHG emission reductions. The act requires all
state agencies to consider and implement strategies to reduce their
GHG emissions.  
   This bill would create the Climate Action Team (CAT), under the
direction of the Secretary for Environmental Protection and
consisting of representatives from specified state agencies, that
would be responsible for coordinating the state's overall climate
policy, identifying and reviewing activities and funding programs,
recommending policies, investment strategies, and priorities, and
providing information to local governments and regional agencies.
 
   (1) Existing law imposes various limitations on emissions of air
contaminants for the control of air pollution from vehicular and
nonvehicular sources. The State Air Resources Board is designated
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 establishes one or more hearing boards in each district
for the purposes of performing specified functions, including issuing
interim variances from specified provisions of law relating to
excess emissions by stationary sources and the products of stationary
sources. The hearing board is required to serve reasonable notice of
the time and place of the hearing to consider an interim variance
application upon the district air pollution control officer and the
applicant.  
   This bill would require a hearing board to send a notice of the
hearing, not less than 3 days before the hearing, to any person who
requests the notice.  
   By increasing the duties of a hearing board, this bill would
impose a state-mandated local program.  
   (2) 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   no  .


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

   SECTION 1.    Section 12891 of the  
Government Code   is amended to read: 
   12891.  For  the  purposes of this chapter, the
following terms have the following meanings:
   (a) "Agency" means the California Environmental Protection Agency.

   (b) "Climate Action  Team Report"   Team"
 means the  report prepared pursuant to Executive Order
S-3-05 and submitted to the Governor and the Legislature in March
2006   Climate Action Team established pursuant to
Section 71402 of the Public Resources Code  .
   (c)  "GHG" means greenhouse gas as defined in subdivision (g) of
Section 38505 of the Health and Safety Code.
   (d)  "GHG emission reduction target" means  a target
established for a state agency in the Climate Action Team Report, or
 a requirement made applicable to that state agency by an
action taken by the State Air Resources Board pursuant to Division
25.5 (commencing with Section 38500) of the Health and Safety Code.
   (e)  "Secretary" means the Secretary for Environmental Protection.

   (f) "Sector" means an industrial, resources, or administrative
domain that should be addressed as an integrated whole for the
purposes of climate change planning.  
   (f) 
    (g)  "State agency" means a  state agency listed
in   member of  the Climate Action Team 
Report  , a state office, department, division, bureau,
board, or commission whose operations or programs result in
greenhouse gas emissions that are subject to Division 25.5
(commencing with Section 38500) of the Health and Safety Code, and
any other state agency  listed in Section 12800  ,
as determined by the secretary.
   SEC. 2.    Part 5 (commencing with Section 71400) is
added to Division 34 of the   Public Resources Code 
 , to read:  

      PART 5.  State Climate Change Action Team Act of 2010


   71400.  This part shall be known as the State Climate Change
Action Team Act of 2010.
   71401.  The Legislature finds and declares all of the following:
   (a) California is a world leader in efforts to reduce greenhouse
gases, to assess, adapt to, and mitigate the effects of climate
change, and to promote clean alternative technologies to improve the
state's economy and the protection of public health and the
environment.
   (b) The California Global Warming Solutions Act of 2006 (Division
25.5 (commencing with Section 38500) of the Health and Safety Code)
provides a process for the establishment of a statewide greenhouse
gas emission limit and a process for the adoption of regulations to
achieve the maximum technologically feasible and cost-effective
greenhouse gas emission reductions. That act also directs the Climate
Action Team to coordinate the overall climate policy as provided in
Executive Order No. S-3-05 and for all state agencies to consider and
implement strategies to reduce their greenhouse gas emissions.
   (c) California currently invests hundreds of millions of dollars
in research funds for air quality, transportation, electricity,
natural gas, water, and other types of research, development,
demonstration, and deployment projects that could contribute to the
achievement of statewide greenhouse gas emission reductions, or to
the effective adaptation to unavoidable climate change.
   (d) More effective coordination of existing programs and funding
by the state can improve the achievement of statewide greenhouse gas
emission reductions, the protection of the state's infrastructure,
communities, and natural resources from the impacts of climate
change, and provide economic and job growth through the development
and support of a strong clean technology industry.
   (e) Due to the global nature of the causes and impacts of climate
change, it is imperative for California to consult with other states,
the federal government, and other nations to identify the most
effective strategies and methods to reduce greenhouse gases, adapt to
ongoing and future climate change, coordinate climate change
research efforts, and to facilitate the development of integrated and
cost-effective regional, national, and international climate change
programs.
   71402.  (a) The Climate Action Team is hereby established in state
government and shall consist of the following members:
   (1) The Secretary for Environmental Protection, who shall serve as
the chairperson of the Climate Action Team, and who shall coordinate
oversight of the efforts made to meet the greenhouse gas emission
reduction targets established pursuant to the Global Warming
Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)
of the Health and Safety Code).
   (2) The Secretary of the Natural Resources Agency.
   (3) The Chairperson of the State Air Resources Board.
   (4) The Chairperson of the State Energy Resources Conservation and
Development Commission.
   (5) The President of the Public Utilities Commission.
   (6) The Secretary of Business, Transportation and Housing.
   (7) The Secretary of Food and Agriculture.
   (8) The Secretary of State and Consumer Services.
   (9) The Secretary of California Health and Human Services.
   (10) The Director of the Office of Planning and Research.
   (11) The Secretary for Labor and Workforce Development.
   (b) Upon the determination of the Secretary for Environmental
Protection, ex officio representatives from other state departments
may be added to the Climate Action Team as necessary to provide
assistance and expertise in particular subject areas.
   (c) Multiagency staff working groups may be formed by the Climate
Action Team to provide technical support for the work of the team in
individual sectors. Sectors may include, but is not limited to,
agriculture, biodiversity and habitat, forestry, energy, land use,
coastal and delta resources, regional and international policy
development, state operations, water, and climate change research.
   71403.  Consistent with the California Global Warming Solutions
Act of 2006 (Division 25.5 (commencing with Section 38500) of the
Health and Safety Code) and Executive Order No. S-3-05, the Climate
Action Team, under the direction of the Secretary for Environmental
Protection, shall coordinate climate policy of the state to achieve
all of the following goals:
   (a) The maximum feasible and cost-effective reduction of
greenhouse gas emissions through the implementation of the California
Global Warming Solutions Act of 2006 (Division 25.5 (commencing with
Section 38500) of the Health and Safety Code).
   (b) The promotion of economic and job growth in California through
workforce development and the encouragement and support of clean
technology development and deployment to meet the state's climate
change goals and greenhouse gas emission reduction targets and
limits.
   (c) The identification of unavoidable climate change impacts to
California's natural resources and infrastructure.
   (d) The development and implementation of mitigation and
adaptation plans to protect the natural resources, public health and
welfare, and economy of California.
   (e) The coordination of climate change policies with other states,
the federal government, and other nations to identify the most
effective strategies and methods to reduce greenhouse gases, adapt to
ongoing and future climate change, coordinate climate change
research efforts, and facilitate the development of integrated and
cost-effective regional, national, and international climate change
programs.
   (f) The coordination and efficient use of existing state
resources, programs, and funds to achieve the goals identified in
this section.
   71404.  The Climate Action Team, under the direction of the
Secretary for Environmental Protection, shall do all of the
following:
   (a) Identify and review activities, funding programs, and other
revenue of state agencies that may be coordinated to meet the goals
of Section 71403.
   (b) Recommend policies, investment strategies, and priorities to
meet the goals of Section 71403.
   (c) Provide information to local governments and regional
activities that will assist in addressing the goals of Section 71403.

   71405.  (a) Each member of the Climate Action Team may appoint an
alternate or designee to attend meetings or hearings of the Climate
Action Team in that member's place.
   (b) Notwithstanding Section 7.5 of the Government Code, each
designee shall act as the member in his or her place and stead to all
intents and purposes as though the member were personally present,
including the right of the designee to be counted in constituting a
quorum to participate in any proceeding of the Climate Action Team
and to vote upon any and all matters.
   (c) Each designee shall have the right to represent the member who
appointed him or her regardless of the number of other designees
representing the chair, director, president, or secretaries, at a
particular meeting or session of the Climate Action Team. Each
designee shall represent only one member at any meeting or session of
the Climate Action Team.
   (d) The Climate Action Team may hold duly noticed public meetings
and workshops to solicit comments from the public prior to
recommending policies, investment strategies, and priority in
accordance with subdivision (b) of Section 71404. Except as provided
in this subdivision, the Climate Action Team shall not be required to
conduct its meetings open to the public in accordance with Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code.  
  SECTION 1.    Section 40824 of the Health and
Safety Code is amended to read:
   40824.  In case of a hearing to consider an application for an
interim variance, as authorized under Section 42351:
   (a) The hearing board shall serve reasonable notice of the time
and place of the hearing upon the district air pollution control
officer and upon the applicant, and shall send notice of the hearing,
not less than three days prior to the hearing, to any person who
requests the notice.
   (b) Subdivision (b) of Section 40823 shall not apply.
   (c) In districts with a population of less than 750,000, the
chairperson of the hearing board, or any other member of the hearing
board designated by the board, may hear an application for an interim
variance. If any member of the public contests a decision made by a
single member of the hearing board, the application shall be reheard
by the full hearing board within 10 days of the decision. 

  SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.