BILL NUMBER: AB 2681	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Garrick

                        FEBRUARY 19, 2010

   An act to amend Section 38570 of the Health and Safety Code,
relating to greenhouse gases.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2681, as introduced, Garrick. Emissions of greenhouse gases:
market-based compliance mechanisms.
   The California Global Warming Solutions Act of 2006, establishes
the State Air Resources Board as the state agency responsible for
monitoring and regulating greenhouse gas emission sources. The act
requires the state board to adopt regulations to require the
reporting and verification of statewide greenhouse gas emissions and
to monitor and enforce compliance with this program. The act also
requires the state board to adopt regulations to provide for a
statewide greenhouse gas emissions limit to be achieved by 2020,
equivalent to the statewide greenhouse gas emissions levels in 1990.
Existing law authorizes the state board to include market-based
compliance mechanisms, as defined, to comply with the regulations.
   This bill would make technical and nonsubstantive changes to the
authorization to include market-based compliance mechanisms.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 38570 of the Health and Safety Code is amended
to read:
   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.