BILL NUMBER: AB 26	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bonilla

                        DECEMBER 3, 2012

   An act to amend Section 16428.8 of the Government Code, relating
to climate change.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 26, as introduced, Bonilla. California Global Warming Solutions
Act of 2006: Greenhouse Gas Reduction Fund.
   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 act authorizes the state board to include use of market-based
compliance mechanisms. Existing law requires all moneys, except for
fines and penalties, collected by the state board from the auction or
sale of allowances as part of a market-based compliance mechanism to
be deposited in the Greenhouse Gas Reduction Fund and to be
available upon appropriation by the Legislature.
   This bill would make a technical, nonsubstantive change to this
provision.
   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 16428.8 of the Government Code is amended to
read:
   16428.8.  (a) The Greenhouse Gas Reduction Fund, hereafter
referred to in this article as the fund, is hereby created as a
special fund in the State Treasury.
   (b) Except for fines and penalties, all moneys collected by the
State Air Resources Board from the auction or sale of allowances,
pursuant to a market-based compliance mechanism established pursuant
to Division 25.5 (commencing with Section 38500) of the Health and
Safety Code and specified in Sections 95800 to 96022, inclusive, of
Title 17 of the California Code of Regulations, shall be deposited in
the fund and  shall be  available for appropriation by the
Legislature.
   (c) All moneys deposited in the fund shall be appropriated and
shall be separately identified in the annual Budget Act. No moneys
from the General Fund or any other fund shall be deposited in the
fund.
   (d) Notwithstanding any other law, the Controller may use the
moneys in the fund for cash flow loans to the General Fund as
provided in Sections 16310 and 16381.
   (e) Any technical amendments made by the State Air Resources Board
to the regulations established under Sections 95800 to 96022,
inclusive, of Title 17 of the California Code of Regulations to
conform that regulation to this article shall be exempt from the
provisions of the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3) and from the
review and approval of the Office of Administrative Law.