BILL ANALYSIS Ó AB 347 Page 1 Date of Hearing: April 25, 2011 ASSEMBLY COMMITTEE ON NATURAL RESOURCES Wesley Chesbro, Chair AB 347 (Galgiani) - As Amended: March 25, 2011 SUBJECT : California Global Warming Solutions Act of 2006: early actions SUMMARY : Amends the California Global Warming Solutions Act (AB 32) to specifically require the Air Resources Board (ARB) to "ensure that the cement manufacturing, glass manufacturing, soda ash manufacturing, and steel production sectors receive appropriate credit for taking early action through energy efficiency or energy reduction improvements." EXISTING LAW requires ARB, pursuant to AB 32, to adopt a statewide greenhouse gas (GHG) emissions limit equivalent to 1990 levels by 2020 and to adopt rules and regulations to achieve maximum technologically feasible and cost-effective GHG emission reductions. The limits and emission reduction measures must be adopted by January 1, 2011 and become operative beginning January 1, 2012. Among its provisions, AB 32 requires ARB, in adopting these regulations, to "ensure that entities that have voluntarily reduced their (GHG) emissions prior to the implementation of (the section requiring the regulations) receive appropriate credit for early voluntary reductions." THIS BILL : 1)Modifies the voluntary early action provision in AB 32 to specifically require ARB to "ensure that the cement manufacturing, glass manufacturing, soda ash manufacturing, and steel production sectors receive appropriate credit for taking early action through energy efficiency or energy reduction improvements." 2)Establishes findings regarding the benefit of cement manufacturing, glass manufacturing, soda ash manufacturing, and steel production in California. FISCAL EFFECT : Unknown COMMENTS : AB 347 Page 2 By design, the AB 32 cap-and-trade program provides credit for early action through the amount of allowances given to a firm for free (allowance allocation). Firms in the cement, glass, soda ash, and steel sector receive allowances based on stringent emissions intensity benchmarks. The most efficient installations meet the benchmarks and will receive all allowances they need to meet their cap-and-trade compliance obligation (the amount of allowances the firm must turn in to ARB). Any energy efficiency or energy reduction project undertaken by these industrial facilities, no matter when it was done, will both lower the cap-and-trade obligation of the facility and help improve emissions intensity relative to the benchmark. Installations that do not meet the benchmark will have a shortage of allowances and the option either to lower their emissions (e.g. through abating emissions at their facility) or to purchase additional allowances to cover their excess emissions. Firms that have made aggressive emission reductions in the past may have excess allowances to sell at the program's outset. According to the author, "the intent of AB 32 is to ensure that the cement, glass, soda ash, and steel manufacturers receive credit for improvements made to reduce GHG emissions prior to the enactment of AB 32." Indeed, AB 32 already recognizes this by requiring ARB to ensure that entities that have voluntarily reduced their GHG emissions prior to the implementation of AB 32 regulations receive appropriate credit for early voluntary reductions. This bill doesn't change existing law in any substantive way, but perhaps provides some clarity and emphasis for the specific industries listed. REGISTERED SUPPORT / OPPOSITION : Support None on file Opposition None on file Analysis Prepared by : Lawrence Lingbloom / NAT. RES. / (916) 319-2092 AB 347 Page 3