BILL NUMBER: AB 1532	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member John A. Pérez

                        JANUARY 23, 2012

   An act to add Section 38575 to the Health and Safety Code,
relating to greenhouse gas emissions.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1532, as introduced, John A. Pérez. California Global Warming
Solutions Act of 2006: Greenhouse Gas Reduction Account.
   The California Global Warming Solutions Act of 2006 designates the
State Air Resources Board as the state agency charged with
monitoring and regulating sources of emissions of greenhouse gases.
The state board is required to adopt a statewide greenhouse gas
emissions limit equivalent to the statewide greenhouse gas emissions
level in 1990 to be achieved by 2020, and 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 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 schedule be deposited
into the Air Pollution Control Fund and be available, upon
appropriation by the Legislature, for the purposes of carrying out
the act.
   This bill would create the Greenhouse Gas Reduction Account within
the Air Pollution Control Fund. The bill would require moneys, as
specified, collected pursuant to a market-based compliance mechanism
be deposited in this account. The bill also would require those
moneys, upon appropriation by the Legislature, be used for purposes
of carrying out the California Global Warming Solutions Act of 2006.
The bill would require the state board to award those moneys to
measures and programs that meet specified criteria.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 38575 is added to the Health and Safety Code,
to read:
   38575.  (a) The Greenhouse Gas Reduction Account is hereby created
within the Air Pollution Control Fund.
   (b) Notwithstanding Section 38597, all moneys, excluding penalties
and fines, collected pursuant to this part shall be deposited in the
Greenhouse Gas Reduction Account and shall be available, upon
appropriation by the Legislature, for purposes of carrying out this
division.
   (c) The state board shall award the moneys in the Greenhouse Gas
Reduction Account appropriated pursuant to subdivision (b) only for
measures and programs that reduce greenhouse gas emissions consistent
with this division to achieve any of the following:
   (1) Clean and efficient energy, through energy efficiency, clean
and renewable distributed energy generation, and related activities.
   (2) Low-carbon transportation, through the development of
state-of-the-art systems to move goods and freight, deploy advanced
technology vehicles and vehicle infrastructure, produce and use
advanced biofuels, and increase the availability of low-carbon and
public transportation.
   (3) Natural resource protection, through measures associated with
water use and supply, land and natural resource conservation and
management, and sustainable agriculture.
   (4) Sustainable infrastructure development, through strategic
planning and development of major infrastructure, including
transportation and housing.
   (d) The state board shall approve funding for a measure or program
only after determining, based on the available evidence, that the
use of moneys for that measure or program is consistent with the
requirements for the use of moneys derived from valid regulatory
fees, as established by the California Supreme Court in Sinclair
Paint Co. v. State Bd. of Equalization (1997) 15 Cal.4th 866.