Amended in Senate July 11, 2013

Amended in Senate June 17, 2013

Amended in Assembly April 4, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 278


Introduced by Assembly Member Gatto

(Principal coauthor: Assembly Member Quirk)

February 11, 2013


An act to add Section 38566 to the Health and Safety Code, relating to greenhouse gases.

LEGISLATIVE COUNSEL’S DIGEST

AB 278, as amended, Gatto. California Global Warming Solutions Act of 2006: Low Carbon Fuel Standard.

The California Global Warming Solutions Act of 2006, establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to adopt a statewide greenhouse gas emissions limit, as defined, to be achieved by 2020, equivalent to the statewide greenhouse gas emissions levels in 1990. The state board is additionally required to adopt rules and regulations in an open public process to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions. Pursuant to the act, the state board has adopted the Low Carbon Fuel Standard regulations.

This bill would require the state board, in promulgating regulations or other policies for purposes of the carbon intensity of fuels, to consider specifiedbegin delete food-supplyend delete sustainability factorsbegin insert and the state of the fuel market and technologiesend insert. The bill would require the state board, no later than December 2014,begin insert toend insert include mechanisms and policies that favorbegin insert low-carbonend insert fuels with thebegin delete lowest possible negative effect on the food supply sustainabilityend deletebegin insert highest possible sustainability based on specifiedend insert factorsbegin delete, as specified,end delete and tobegin delete give preference toend deletebegin insert provide incentives for sustainableend insert fuels produced without food stock or displacement of food crops.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertThe Legislature finds and declares all of the
2following:end insert

begin insert

3(a) The Legislature adopted the California Global Warming
4Solutions Act of 2006 (Division 25.5 (commencing with Section
538500) of the Health and Safety Code) to reduce greenhouse gas
6emissions and combat the serious threat that those emissions pose
7to the economic well-being, air quality, public health, natural
8resources, and environment of the state. With a goal of reducing
9the carbon of the state’s transportation fuels by 10 percent by
102020, the Low Carbon Fuel Standard regulations can be an
11important element of this policy.

end insert
begin insert

12(b) It is the intent of the Legislature to promote the
13implementation of the Low Carbon Fuel Standard regulations and
14to ensure the State Air Resources Board maximizes the use of
15low-carbon, sustainable fuels with a focus on fuels produced
16without food stock.

end insert
17

begin deleteSECTION 1.end delete
18begin insertSEC. 2.end insert  

Section 38566 is added to the Health and Safety Code,
19to read:

20

38566.  

(a) When promulgating regulations or other policies
21on the carbon intensity of fuels, the state board shall do all of the
22following:

23(1) Consider all of the followingbegin delete food supplyend delete sustainability
24factors:

25(A) The full life-cycle carbon emissions from the production
26of a fuel.

27(B) Thebegin insert positive or negativeend insert effect of a fuel source on the global
28food supply,begin insert as determined by the state board, end insert including, but not
P3    1limited to, crop displacement, food prices, food shipping, and
2market conditions.

3(C) The direct and indirect land use changes resulting frombegin delete foodend delete
4begin insert fuelend insert production.

5(2) Consider the state of the fuel market and technologies.

6(b) No later than December 2014, the state board shall include
7mechanisms and policies that favorbegin insert low-carbonend insert fuels with the
8begin delete lowest possible negative effect on the food supply sustainabilityend delete
9begin insert highest possible sustainability based on theend insert factors listed in
10subdivision (a) and shallbegin delete give preference toend deletebegin insert provide incentives for
11sustainableend insert
fuels produced without food stock or displacement of
12food crops.



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