Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 26

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 amended, 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 begin insert the end insert 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. begin insert end insert begin insert Existing law authorizes the end insert begin insert Controller to use moneys in the fund for cash flow loans to the General Fund, as prescribed. end insert

begin delete

This bill would make a technical, nonsubstantive change to this provision.

end delete begin insert

This bill would prohibit the Controller from using moneys in the fund for cash flow loans to the General Fund.

end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . 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 begin delete may end delete begin insert shall not end insert
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.