AB 245, as introduced, Grove. California Global Warming Solutions Act of 2006: public meetings.
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 emissions reductions. Existing law imposes conditions on the nongovernmental entity Western Climate Initiative, Incorporated, created to assist the state board in the implementation of the act.
Existing law, the Bagley-Keene Open Meeting Act, generally requires that all meetings of a state body be open and public. Existing law exempts the nongovernmental entity Western Climate Initiative, Incorporated, and its appointees from the Bagley-Keene Open Meeting Act when performing their duties.
This bill would repeal that exemption and instead subject the Western Climate Initiative, Incorporated, and its appointees to the Bagley-Keene Open Meeting Act when performing their duties.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 12894 of the Government Code is
2amended to read:
(a) (1) The Legislature finds and declares that the
4establishment of nongovernmental entities, such as the Western
5Climate Initiative, Incorporated, and linkages with other states and
6countries by the State Air Resources Board or other state agencies
7for the purposes of implementing Division 25.5 (commencing with
8Section 38500) of the Health and Safety Code, should be done
9transparently and should be independently reviewed by the
10Attorney General for consistency with all applicable laws.
11(2) The purpose of this section is to establish new oversight and
12transparency over anybegin delete suchend deletebegin insert
of thoseend insert linkages and related activities
13undertaken in relation to Division 25.5 (commencing with Section
1438500) of the Health and Safety Code by the executive agencies
15in order to ensure consistency with applicable laws.
16(b) begin delete(1)end deletebegin delete end deleteThe California membership of the board of directors of
17the Western Climate Initiative, Incorporated, shall be modified as
18follows:
19(A)
end delete
20begin insert(1)end insert One appointee or his or her
designee who shall serve as an
21ex officio nonvoting member shall be appointed by the Senate
22Committee on Rules.
23(B)
end delete
24begin insert(2)end insert One appointee or his or her designee who shall serve as an
25ex officio nonvoting member shall be appointed by the Speaker
26of the Assembly.
27(C)
end delete
28begin insert(3)end insert The Chairperson of the State Air Resources Board or her or
29his designee.
30(D)
end delete
31begin insert(4)end insert The Secretary for Environmental Protection or his or her
32designee.
33(2) Sections 11120 through 11132 do not apply to the Western
34Climate Initiative, Incorporated, or to appointees specified in
P3 1subparagraphs (C) and (D) of paragraph (1) when performing their
2duties under this section.
3(c) The State Air Resources Board shall provide notice to the
4Joint Legislative Budget Committee, consistent with that required
5for Department of Finance augmentation or reduction
6authorizations pursuant to subdivision (e) of Section 28.00 of the
7annual Budget Act, of any funds over one
hundred fifty thousand
8dollars ($150,000) provided to the Western Climate Initiative,
9Incorporated, or its derivatives or subcontractors no later than 30
10days prior to transfer or expenditure of these funds.
11(d) The Chairperson of the State Air Resources Board and the
12Secretary for Environmental Protection, as the California voting
13representatives on the Western Climate Initiative, Incorporated,
14shall report every six months to the Joint Legislative Budget
15Committee on any actions proposed by the Western Climate
16Initiative, Incorporated, that affect California state government or
17entities located within the state.
18(e) For purposes of this section, “link,” “linkage,” or “linking”
19means an action taken by the State Air Resources Board or any
20other state agency that will result in acceptance by the State of
21California of compliance instruments issued by any other
22governmental agency,
including any state, province, or country,
23for purposes of demonstrating compliance with the market-based
24compliance mechanism established pursuant to Division 25.5
25(commencing with Section 38500) of the Health and Safety Code
26and specified in Sections 95801 to 96022, inclusive, of Title 17 of
27the California Code of Regulations.
28(f) A state agency, including, but not limited to, the State Air
29Resources Board, shall not link a market-based compliance
30mechanism established pursuant to Division 25.5 (commencing
31with Section 38500) of the Health and Safety Code and specified
32in Sections 95801 to 96022, inclusive, of Title 17 of the California
33Code of Regulations with any other state, province, or country
34unless the state agency notifies the Governor that the agency
35intends to takebegin delete suchend deletebegin insert
thatend insert action and the Governor, acting in his or
36her independent capacity, makes all of the following findings:
37(1) The jurisdiction with which the state agency proposes to
38link has adopted program requirements for greenhouse gas
39reductions, including, but not limited to, requirements for offsets,
40that are equivalent to or stricter than those required by Division
P4 125.5 (commencing with Section 38500) of the Health and Safety
2Code.
3(2) Under the proposed linkage, the State of California is able
4to enforce Division 25.5 (commencing with Section 38500) of the
5Health and Safety Code and related statutes, against any entity
6subject to regulation under those statutes, and against any entity
7located within the linking jurisdiction to the maximum extent
8permitted under the United States and California Constitutions.
9(3) The proposed linkage provides for enforcement of applicable
10laws by the state agency or by the linking jurisdiction of program
11requirements that are equivalent to or stricter than those required
12by Division 25.5 (commencing with Section 38500) of the Health
13and Safety Code.
14(4) The proposed linkage and any related participation of the
15State of California inbegin insert
theend insert Western Climate Initiative, Incorporated,
16shall not impose any significant liability on the state or any state
17agency for any failure associated with the linkage.
18(g) The Governor shall issue findings pursuant to subdivision
19(f) within 45 days of receiving a notice from a state agency, and
20shall provide those findings to the Legislature. The findings shall
21consider the advice of the Attorney General. The findings to be
22submitted to the Legislature shall not be unreasonably withheld.
23The findings shall not be subject to judicial review.
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