BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                  AB 1532|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                 THIRD READING


          Bill No:  AB 1532
          Author:   John A. Pérez (D), et al.
          Amended:  8/24/12 in Senate
          Vote:     21

           
           SENATE ENVIRONMENTAL QUALITY COMMITTEE  :  5-2, 7/2/12
          AYES:  Simitian, Hancock, Kehoe, Lowenthal, Pavley
          NOES:  Strickland, Blakeslee
           
          SENATE APPROPRIATIONS COMMITTEE  :  5-2, 8/16/12
          AYES:  Kehoe, Alquist, Lieu, Price, Steinberg
          NOES:  Walters, Dutton

           SENATE ENVIRONMENTAL QUALITY COMMITTEE  :  4-1, 8/29/12 
            (pursuant to Senate Rule 29.10)
          AYES:  Simitian, Hancock, Kehoe, Lowenthal
          NOES:  Blakeslee
          NO VOTE RECORDED:  Strickland, Pavley

           SENATE APPROPRIATIONS COMMITTEE  :  5-2, 8/30/12 (pursuant to 
            Senate Rule 29.10)
          AYES:  Kehoe, Alquist, Lieu, Price, Steinberg
          NOES:  Walters, Dutton
           
          ASSEMBLY FLOOR  :  49-27, 5/29/12 - See last page for vote


           SUBJECT  :    Greenhouse gas emissions

           SOURCE  :     Author


                                                           CONTINUED





                                                               AB 1532
                                                                Page 
          2

           DIGEST  :    This bill enacts the Greenhouse Gas Reduction 
          Fund Investment Plan and Community Revitalization Act which 
          requires the Department of Finance, on behalf of the 
          Governor and in consultation with the Air Resources Board 
          (ARB) or any other relevant state agency, to submit to the 
          Legislature at the time of the department's adjustments to 
          the proposed 2013-14 fiscal year budget, a three-year 
          investment plan, as specified.  This bill does not become 
          operative unless SB 535 is enacted.

           ANALYSIS  :    The CGWSA designates the ARB as the state 
          agency charged with monitoring and regulating sources of 
          emissions of GHGs.  The ARB is required to adopt a 
          statewide GHG emissions limit equivalent to the statewide 
          GHG 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 GHG emissions reductions.  The CGWSA 
          authorizes the ARB to include use of market-based 
          compliance mechanisms.  The CGWSA authorizes the ARB to 
          adopt a schedule of fees to be paid by the sources of GHG 
          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 CGWSA.

          This bill: 

          1. Requires that moneys must be used to facilitate the 
             achievement of reductions of GHG emissions in this state 
             and the following complementary goals:
           
             A.    Maximize economic, environmental, and public 
                health benefits to the state.

             B.    Foster job creation by promoting in-state GHG 
                emission reduction projects carried out by California 
                workers and businesses.

             C.    Complement efforts to improve air quality.

             D.    Direct investment toward the most disadvantaged 
                communities and households in the state.

                                                           CONTINUED





                                                               AB 1532
                                                                Page 
          3


             E.    Provide opportunities for businesses, public 
                agencies, nonprofits, and other community 
                institutions to participate in and benefit from 
                statewide efforts to reduce GHG emissions.

          2. Provides that moneys appropriated from the fund may be 
             allocated for the purpose of reducing GHG emissions in 
             this state through investments that include, but are not 
             limited to, any of the following: 

             A.    Funding to reduce GHG emissions through energy 
                efficiency, clean and renewable energy generation, 
                distributed renewable energy generation, transmission 
                and storage, and other related actions, including, 
                but not limited to, at public universities, state and 
                local public buildings, and industrial and 
                manufacturing facilities.

             B.    Funding to reduce GHG emissions through the 
                development of state-of-the-art systems to move goods 
                and freight, advanced technology vehicles and vehicle 
                infrastructure, advanced biofuels, and low-carbon and 
                efficient public transportation.

             C.    Funding to reduce GHG emissions associated with 
                water use and supply, land and natural resource 
                conservation and management, forestry, and 
                sustainable agriculture.

             D.    Funding to reduce GHG emissions through strategic 
                planning and development of sustainable 
                infrastructure projects, including, but not limited 
                to, transportation and housing.

             E.    Funding to reduce GHG emissions through increased 
                in-state diversion of municipal solid waste from 
                disposal through waste reduction, diversion, and 
                reuse.

          3. Requires the Department of Finance (DOF), on behalf of 
             the Governor, and in consultation with ARB and any other 
             relevant state entity, to develop, beginning April 1, 
             2013, three investment plans for the time periods:  2013 

                                                           CONTINUED





                                                               AB 1532
                                                                Page 
          4

             to 2014, 2015 to 2017, and 2018 to 2020.  

          4. Requires the ARB to, prior to the submission of each 
             investment plan, consult with the PUC to ensure the 
             investment plan is coordinated with, and does not 
             conflict with or unduly overlap with, activities under 
             the oversight or administration of the PUC or other 
             activities under the oversight or administration of the 
             PUC that facilitate GHG emissions reductions consistent 
             with this division.  The investment plan shall include a 
             description of the use of any moneys generated by the 
             sale of allowances received at no cost by the 
             investor-owned utilities pursuant to a market-based 
             compliance mechanism. 

          5. Requires the Climate Action Team, established under 
             Executive Order S-3-05, to provide information to the 
             DOF and the state board to assist in the development of 
             each investment plan.  The Climate Action Team shall 
             participate in each public workshop held on an 
             investment plan and provide testimony to the state board 
             on each investment plan.  For purposes of this section, 
             the Secretary of Labor and Workforce Development shall 
             assist the Climate Action Team in its efforts.

          6. Specifies that moneys in the fund shall be appropriated 
             through the annual Budget Act consistent with the 
             investment plan that is developed and submitted pursuant 
             to this bill.  Upon appropriation, moneys in the 
             Greenhouse Gas Reduction Fund shall be available to the 
             state board and to administering agencies for 
             administrative purposes in carrying out this chapter.  
             Any repayment of loans, including interest payments and 
             all interest earnings on or accruing to any money, 
             resulting from implementation of this bill shall be 
             deposited in the Greenhouse Gas Reduction Fund for the 
             purposes of this bill.

          7. Requires ARB to hold at least two public workshops in 
             different regions of the state and one public hearing 
             prior to the DOF submitting any investment plan.  The 
             advisory body must participate in each public workshop 
             on an investment plan and provide testimony to the ARB 
             on each investment plan.

                                                           CONTINUED





                                                               AB 1532
                                                                Page 
          5


          8. Requires DOF to submit a report, on or before March 1, 
             2014, and annual thereafter, to the appropriate 
             committees of the Legislature on the status of projects 
             and their outcomes.

           Background  

           Cap-and-trade  .  The adopted cap-and-trade regulation 
          imposes a cap on the aggregate GHG emissions allowed from 
          "capped sectors."  The entities covered within these 
          sectors constitute approximately 85% of all statewide GHG 
          emissions.  Each year the cap declines, thus resulting in a 
          reduction in GHG emissions over time.  To comply with the 
          cap, covered entities must surrender to the state a number 
          of "compliance instruments" equal to the amount of their 
          GHG emissions, as expressed in the equivalent metric tons 
          of CO2.  The regulations describe two types of compliance 
          instruments: a) an "allowance" to emit GHGs, all of which 
          are generated by the state in an amount equal to the cap 
          and; b) an "offset" resulting from an emissions reduction 
          achieved in an uncapped sector and generated by third party 
          pursuant to a protocol adopted by ARB. 

          Under the cap-and-trade regulation many of the allowances 
          are freely allocated to the covered entities, some are held 
          in a price containment reserve, and the remainder 
          auctioned.  Allowances received or purchased can be traded, 
          thus creating an emissions market which according to ARB 
          minimizes compliance costs and encourages businesses to 
          invest in GHG emissions reductions.  ARB plans to hold 
          auctions quarterly starting in November 2012, and moneys 
          collected for allowances sold at auction are deposited into 
          the Air Pollution Control Fund, with the exception of 
          allowances sold on behalf of Investor Owned Utilities 
          (IOUs).

          In fiscal year 2012-13, ARB plans to auction over 60 
          million tons of allowances at a floor price of $10 per ton. 
           The amount of allowances auctioned declines in fiscal year 
          2013-2014, before expanding as transportation fuels and 
          natural gas are brought into the cap-and-trade program.  
          Barring a change in the regulation as many as 230 million 
          tons of allowances will be auctioned in fiscal year 2015-16 

                                                           CONTINUED





                                                               AB 1532
                                                                Page 
          6

          which will decline in subsequent years as the state 
          approaches its 2020 limit.

          IOUs and publicly owned utilities (POUs) are allocated free 
          allowances to cover the majority of their emissions in 
          order to lessen impacts of CGWSA implementation on 
          electricity ratepayers.  ARB requires IOUs to auction them 
          all; POUs are permitted, but not required, to offer their 
          allowances auction.  The revenues from these auctions are 
          then returned to the IOUs to be used for ratepayer benefit 
          in accordance with an ongoing rulemaking at the PUC.
           
          Cap-and-trade revenues in the Budget  .  The Governor's 
          budget proposal estimated that fee revenues from the first 
          set of auctions will be $1 billion in the 2012-13 Budget, 
          with auctions planned for November 2012, February 2013, and 
          May 2013.  Actual revenues cannot be known until the 
          auctions have been completed.  The proposal does not 
          contain a specific plan for expenditure of the revenue, 
          rather it includes a General Fund offset of $500 million, 
          and identifies general categories of spending, including 
          (1) clean and efficient energy, (2) low-carbon 
          transportation, (3) natural resource protection, and (4) 
          sustainable infrastructure development. 

          The Natural Resources Budget Trailer Bill establishes the 
          Greenhouse Gas Reduction Fund as a special fund in the 
          State Treasury to receive all funds resulting from 
          cap-and-trade auctions.  It also specifies that the fund be 
          appropriated in the annual Budget Act and requires the 
          Department of Finance to submit to the Legislature a 
          proposal for expenditure of the Fund, unless the 
          Legislature passes a bill before August 31, 2012, 
          specifying a process for establishing a long-term spending 
          plan that includes (1) criteria and requirements for the 
          use of the auction proceeds, (2) establishment of program 
          categories eligible for funding, and (3) the specification 
          of the process that ARB use to develop the strategy.  The 
          Trailer Bill further requires agencies expending moneys 
          from the fund to prepare a record describing the uses of 
          the funds, how they further the goals of the CGWSA, 
          including attainment of the 2020 limit, how non-GHG 
          emissions objectives of the CGSWA were considered, and a 
          description of how the agency will document the results of 

                                                           CONTINUED





                                                               AB 1532
                                                                Page 
          7

          the expenditure.
           
           The Trailer Bill also allows the PUC to allocate up to 15% 
          of proceeds from the auction of allowance distributed to 
          IOUs for clean energy and energy efficiency projects 
          established by statute and administered by the IOUs.  The 
          remainder of the IOU allowance allocation proceeds must be 
          credited directly to residential, small business, and 
          emissions-intensive trade-exposed retail ratepayers.
           
          Sinclair Paint nexus test  . The Childhood Lead Poisoning 
          Prevention Act of 1991 required the Department of Health 
          Services to establish a regulatory fee on businesses that 
          are or were sources of lead contamination to implement 
          various lead poisoning programs.  Sinclair Paint Company 
          argued that this regulatory fee was a tax because (1) the 
          program provides a broad public benefit, not a benefit to 
          the regulated business, and (2) the companies that pay the 
          fee have no duties regarding the lead poisoning program 
          other than payment of the fee. The California Supreme Court 
          upheld the fee, as a "mitigation fee," ruling that the 
          state may impose fees on companies that make contaminating 
          products and use those proceeds to mitigate the adverse 
          effects resulting from those products. 

          According to an opinion received by the Legislative 
          Analyst's Office (LAO) from Legislative Counsel, revenues 
          resulting from ARB's cap-and-trade auctions would 
          constitute "mitigation fee" revenue, and be subject to the 
          limitations of the Sinclair nexus.  Thus the revenues must 
          only be used to mitigate GHG emissions or the adverse 
          effects caused by them.  This bill requires that no funding 
          be approved unless it is determined to meet the limitations 
          of the Sinclair nexus.

           Related Legislation
           
          AB 237 (Wolk) establishes a program to use cap and trade 
          auction revenues for the support of the agricultural 
          industry.  The bill was held on this committee's Suspense 
          File.

          SB 535 (De Leon) requires 10% of cap and trade auction 
          revenues to be expended for programs to mitigate climate 

                                                           CONTINUED





                                                               AB 1532
                                                                Page 
          8

          change impacts in disadvantaged communities.  The 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.  The bill is in the Assembly 
          Appropriations Committee.

          AB 1186 (Skinner) requires 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.  The bill is on Senate Third Reading.

          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.  The bill is in the 
          Assembly Appropriations Committee.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

          According to the Senate Appropriations Committee, based on 
          information developed by the ARB, near-term administrative 
          costs to adopt spending guidelines and develop investment 
          plans, pursuant to this bill, would likely be about $6 
          million per year (Greenhouse Gas Reduction Fund) for 
          several years (across all state agencies). 

          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 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 this bill - 

                                                           CONTINUED





                                                               AB 1532
                                                                Page 
          9

          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.

           SUPPORT  :   (Verified  8/30/12)

          American Federation of State, County and Municipal 
          Employees, AFL-CIO
          American Lung Association
          American Society of Landscape Architects -California 
          Asian Pacific Environmental Network
          Audubon California
          Big Sur Land Trust
          Bolsa Chica Land Trust
          Breathe California
          California Association of Local Conservation Corps
          California Biomass Energy Alliance
          California Clean DG Coalition
          California Climate and Agriculture Network
          California Housing Partnership Corporation
          California Infill Builders Federation
          California Interfaith Power & Light
          California ReLeaf
          California State Association of Counties
          California Transit Association
          California Urban Forests Council
          California Watershed Coalition
          California Watershed Network
          Californians Against Waste
          CALSTART
          Coalition for Clean Air
          Electrification Leadership Council
          Ella Baker Center, Green Collar Jobs Campaign
          Energy Independence Now
          Environmental Defense Center
          Environmental Defense Fund
          Friends of Harbors, Beaches and Parks
          Global Green
          Golden Gate Audubon Society
          Greenlining Institute
          Honda North America
          Intelligent Transportation Society of California

                                                           CONTINUED





                                                               AB 1532
                                                                Page 
          10

          Land Trust of Santa Cruz County
          Los Angeles County Metropolitan Transportation Authority
          Marin Agricultural Land Trust
          Nature Conservancy
          Natural Resources Defense Council
          Non-Profit Housing Association of Northern California
          Open Space District
          Pacific Forest Trust
          Peninsula Open Space Trust
          San Francisco Bay Area Rapid Transit District
          Santa Clara County Open Space Authority
          Sensys Networks
          Silicon Valley Leadership Group
          Sonoma County Agricultural Preservation and Open Space 
          District
          State Building and Construction Trades Council of 
          California 
          Sunrun
          Trust for Public Land
          Waste Management
          Water Replenishment District of Southern California
          Wilderness Society

           OPPOSITION  :    (Verified  8/24/12)

          American Council of Engineering Companies of California 
          California Asian Pacific Chamber of Commerce
          California Business Properties Association
          California Chamber of Commerce
          California Chapter of the American Fence Association
          California Fence Contractors' Association
          California Framing Contractors Association
          California Grocers Association
          California Independent Oil Marketers Association
          California League of Food Processors
          California Manufacturers & Technology Association 
          California Metals Coalition 
          California Retailers Association
          California Taxpayers Association
          Can Manufacturers Institute
          Chemical Industry Council of California
          Engineering Contractors' Association
          Flasher/Barricade Association
          Golden State Builders Exchange

                                                           CONTINUED





                                                               AB 1532
                                                                Page 
          11

          Marin Builders' Association
          National Federation of Independent Business
          United Contractors
          Western State Petroleum Association

           ARGUMENTS IN SUPPORT  :    According to the author, "there is 
          no current statutory direction as to the expenditure of the 
          revenue from Ýcap-and-trade allowance] auctions, whether 
          for eligible investments or criteria to use to 
          differentiate between potential projects, a process the 
          State should use to develop plans and programs for 
          investment or direction on how to ensure legislative 
          oversight on the use of the funds? AB 1532 addresses the 
          above issues by establishing the criteria and requirements 
          for use of the auction revenue, establishing the program 
          categories eligible for funding and defining a process that 
          the ARB shall use to develop an investment plan and the 
          role of the legislature in reviewing it."  According to 
          supporters, this bill advances the goals of CGWSA by 
          creating a clear and open framework for developing the 
          investment plan and the adoption of funding criteria.  
          Supporters also endorse application of Sinclair tests in 
          funding determinations.

           ARGUMENTS IN OPPOSITION  :    Opponents state that this bill 
          prematurely anticipates proceeds resulting from the 
          allowance auctions that the ARB may not have the necessary 
          authority to conduct.  Opponents also contend that not all 
              priorities indicated in AB 1532 are consistent with the 
          Sinclair decision.  
           

           ASSEMBLY FLOOR  :  49-27, 5/29/12
          AYES:  Alejo, Allen, Ammiano, Atkins, Beall, Block, 
            Blumenfield, Bonilla, Bradford, Brownley, Buchanan, 
            Butler, Charles Calderon, Campos, Carter, Chesbro, Davis, 
            Dickinson, Eng, Feuer, Fong, Fuentes, Furutani, Galgiani, 
            Gatto, Gordon, Hayashi, Roger Hernández, Hill, Huber, 
            Hueso, Huffman, Lara, Bonnie Lowenthal, Ma, Mitchell, 
            Monning, Pan, Perea, V. Manuel Pérez, Portantino, 
            Skinner, Solorio, Swanson, Torres, Wieckowski, Williams, 
            Yamada, John A. Pérez
          NOES:  Achadjian, Bill Berryhill, Conway, Cook, Donnelly, 
            Beth Gaines, Garrick, Gorell, Grove, Hagman, Halderman, 

                                                           CONTINUED





                                                               AB 1532
                                                                Page 
          12

            Harkey, Jeffries, Jones, Knight, Logue, Mansoor, Miller, 
            Morrell, Nestande, Nielsen, Norby, Olsen, Silva, Smyth, 
            Valadao, Wagner
          NO VOTE RECORDED:  Cedillo, Fletcher, Hall, Mendoza


          DLW:m  8/31/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****
          

































                                                           CONTINUED