BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair


          AB 1532 (J. Perez) - Greenhouse Gas Reduction Account.
          
          Amended: August 24, 2012        Policy Vote: EQ 4-1
          Urgency: No                     Mandate: No
          Hearing Date: August 30, 2012                          
          Consultant: Brendan McCarthy    
          
          This bill meets the criteria for referral to the Suspense File.
          
          This bill was referred to this committee pursuant to Senate Rule 
          29.10. Under that rule, this committee can only return the bill 
          to the Senate Floor or vote to hold it in committee. The bill 
          cannot be sent to the Suspense File.

          
          Bill Summary: AB 1532 would establish the eligible uses of 
          revenues generated from the auction of emissions allowances 
          authorized under AB 32 (Nunez, Chapter 488, Statutes of 2006) 
          and the processes for spending those revenues.

          Fiscal Impact: 

              Based on information developed by the Air Resources Board, 
              near-term administrative costs to adopt spending guidelines 
              and develop investment plans, pursuant to AB 1532, would 
              likely be about $6 million per year (Greenhouse Gas 
              Reduction Fund) for several years (across all state 
              agencies). 

              Based on projected cap and trade auction revenues, annual 
              spending for projects that would benefit priority 
              communities would likely be between $500 million and $3 
              billion per year. Of those funds, between $200 million and 
              $1.2 billion would be used for projects in those communities 
              (Greenhouse Gas Reduction Fund).


          Background: Under the California Global Warming Solutions Act of 
          2006, the Air Resources Board is required to adopt greenhouse 
          gas emission reduction measures to reduce statewide greenhouse 
          gas emissions to 1990 levels. The Air Resources Board is allowed 
          to use market-based mechanisms to comply with these regulations 








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          (e.g. a cap and trade program).

          The Air Resources Board has released its cap-and-trade 
          regulations that became effective on January 1, 2012. These 
          regulations impose a cap on the aggregate greenhouse gas 
          emissions allowed from "capped sectors." Each year the cap 
          declines. To comply with the cap, a covered entity must 
          surrender an "allowance" (allowances are created by the state in 
          an amount equal to the cap) or an "offset" which are emission 
          reductions achieved in an uncapped sector. Allowances will be 
          freely allocated, held in a reserve, or auctioned.

          The first auction of allowances is currently scheduled for 
          November 2012. Under existing law, the Air Resources Board has 
          the authority to deposit auction revenues into the Air Pollution 
          Control Fund. The Governor's January budget proposal estimates 
          $1 billion auction revenues in 2012-13. The budget does not 
          contain a specific plan for expenditure of the revenue. Instead 
          the budget proposes a General Fund offset of $500 million, and 
          identifies general categories of spending including clean energy 
          and efficiency energy, low-carbon transportation, natural 
          resource protection, and sustainable infrastructure development. 
          The budget proposes that an expenditure plan for the revenues be 
          jointly submitted to the Legislature by the Director of Finance 
          and the Air Resources Board. The Legislature would have at least 
          30 days to review the plan before any funds are allocated.

          Proposed Law: AB 1532 would establish the eligible uses of 
          revenues generated from the auction of emissions allowances 
          authorized under AB 32 (Nunez, Chapter 488, Statutes of 2006) 
          and the processes for spending those revenues.

          Specifically, the bill would:
              Create a new Greenhouse Gas Reduction Account in the 
              Greenhouse Reduction Fund.
              Direct that cap and trade auction revenues be spent to 
              achieve feasible and cost-effective reductions in greenhouse 
              gas emissions, while meeting specific goals outlined in the 
              bill.
              Specify the types of projects or programs that can be 
              provided with financial support.
              Require the Air Resources Board to adopt guidelines for 
              expenditure of funds.
              Require the Air Resources Board to develop three investment 








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              plans, for expenditures through 2020.
              Require the California Environmental Protection Agency to 
              identify priority communities for investment
              Require the Air Resources Board to develop guidelines for 
              allocating funds to priority communities
              Require that 25 percent of expenditures go towards projects 
              that would benefit priority communities
              Require that 10 percent of expenditures be spent in 
              priority communities.

          
          Related Legislation: 
              AB 237 (Wolk) would have established a program to use cap 
              and trade auction revenues for the support of the 
              agricultural industry. That bill was held on this 
              committee's Suspense File.
              SB 535 (De Leon) would require ten percent of cap and trade 
              auction revenues to be expended for programs to mitigate 
              climate change impacts in disadvantaged communities. That 
              bill is in the Assembly Appropriations Committee.
              SB 1572 (Pavley) establishes a fund for the deposit of cap 
              and trade auction revenues and requires that the lesser of 
              half of cap and trade auction revenues in 2012-13 or $250 
              million would be available, upon appropriation, for 
              specified purposes. That bill is in the Assembly 
              Appropriations Committee.
              AB 1186 (Skinner) would require the Public Utilities 
              Commission to require investor owned utilities to use at 
              least ten percent of the revenues that they receive from 
              auctioning their free emissions allowances for public school 
              energy efficiency projects. That bill is on the Senate 
              Floor.
              AB 2404 (Fuentes) requires cap and trade auction revenues 
              to be deposited in a specified fund, to be used to fund 
              local greenhouse gas emission programs. That bill is in the 
              Assembly Appropriations Committee.

          Staff Comments: The Legislative Analyst's Office has projected 
          that long-term revenues from cap and trade auction proceeds will 
          be between $2 billion and $12 billion per year. Based on state's 
          recent history of expending bond funds, administrative costs to 
          plan for, expend, and monitor expenditures of those funds would 
          likely range from $40 million per year to as high as $600 
          million per year. However, it is important to note that those 








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          revenues will be generated, and can be appropriated by the 
          Legislature, under the existing authority of AB 32. 

          The costs described above reflect an estimate of the 
          administrative costs directly attributable to AB 1532 - 
          primarily the development of guidelines and the preparation of 
          investment plans. The long-term costs to the state to oversee 
          the expenditure of cap and trade auction revenues, while very 
          significant, will occur whether or not this bill is enacted.

          In the 2007 "Sinclair Paint" case, the California Supreme Court 
          ruled that fees assessed on an industry that are used to 
          mitigate or remediate harms caused by the industry, as a whole, 
          are not general taxes (subject to a 2/3 vote of the legislature) 
          but are fees (subject to majority vote). Such regulatory fees, 
          when enacted by a majority vote, must be spent in a manner with 
          a logical nexus to the harms caused by an industry. The Office 
          of Legislative Counsel has opined that cap and trade auction 
          revenues are regulatory fees and can be used to mitigate the 
          impacts of greenhouse gas emission, provided there is a logical 
          nexus to greenhouse gas emissions.

          Proposition 26 of 2010 amended the Constitution to overrule the 
          Sinclair Paint ruling. However, Proposition 26 does not apply to 
          fees enacted before 2010.


          Proposed author's amendments. The author is considering 
          amendments to make a variety of changes to the bill. Amendments 
          will not be taken in this committee, but may be taken subsequent 
          to this hearing.

          The proposed amendments would authorize the expenditure of funds 
          for emissions reductions in the energy sector, goods movement, 
          water use and land conservation, infrastructure development, 
          reducing municipal waste, local programs to reduce emissions, 
          and research and development. The amendments require certain 
          amounts of funding to be used in disadvantaged communities (as 
          defined), to be identified by CalEPA, rather than priority 
          communities as defined in the bill currently. The proposed 
          amendments also redraft many other provisions of the bill, 
          including the processes for planning and reporting on 
          expenditures.









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