BILL NUMBER: AB 278	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 11, 2013
	AMENDED IN SENATE  JUNE 17, 2013
	AMENDED IN ASSEMBLY  APRIL 4, 2013

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 specified  food-supply 
sustainability factors  and the state of the fuel market and
technologies  . The bill would require the state board, no later
than December 2014,  to  include mechanisms and policies
that favor  low-carbon  fuels with the  lowest
possible negative effect on the food supply sustainability 
 highest possible sustainability based on specified  factors
 , as specified,  and to  give preference
to   provide incentives for sustainable  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:

   SECTION 1.    The Legislature finds and declares all
of the following:  
   (a) The Legislature adopted the California Global Warming
Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)
of the Health and Safety Code) to reduce greenhouse gas emissions and
combat the serious threat that those emissions pose to the economic
well-being, air quality, public health, natural resources, and
environment of the state. With a goal of reducing the carbon of the
state's transportation fuels by 10 percent by 2020, the Low Carbon
Fuel Standard regulations can be an important element of this policy.
 
   (b) It is the intent of the Legislature to promote the
implementation of the Low Carbon Fuel Standard regulations and to
ensure the State Air Resources Board maximizes the use of low-carbon,
sustainable fuels with a focus on fuels produced without food stock.

   SECTION 1.   SEC. 2.   Section 38566 is
added to the Health and Safety Code, to read:
   38566.  (a) When promulgating regulations or other policies on the
carbon intensity of fuels, the state board shall do all of the
following:
   (1) Consider all of the following  food supply 
sustainability factors:
   (A) The full life-cycle carbon emissions from the production of a
fuel.
   (B) The  positive or negative  effect of a fuel source on
the global food supply,  as determined by the state board, 
including, but not limited to, crop displacement, food prices, food
shipping, and market conditions.
   (C) The direct and indirect land use changes resulting from
 food   fuel  production.
   (2) Consider the state of the fuel market and technologies.
   (b) No later than December 2014, the state board shall include
mechanisms and policies that favor  low-carbon  fuels with
the  lowest possible negative effect on the food supply
sustainability   highest possible sustainability based
on the  factors listed in subdivision (a) and shall 
give preference to   provide incentives for sustainable
 fuels produced without food stock or displacement of food
crops.