Amended in Senate September 3, 2013

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 specified 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 highest possible sustainability based on specified factors and tobegin delete provideend deletebegin insert encourageend insert 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:

P2    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

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 2020,
10the Low Carbon Fuel Standard regulations can be an important
11element of this policy.

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.

17

SEC. 2.  

Section 38566 is added to the Health and Safety Code,
18to read:

19

38566.  

(a) When promulgating regulations or other policies
20on the carbon intensity of fuels, the state board shall do all of the
21following:

22(1) Consider all of the following sustainability factors:

23(A) The full life-cycle carbon emissions from the production
24of a fuel.

25(B) The positive or negative effect of a fuel source on thebegin delete globalend delete
26begin insert domestic end insert food supply, as determined by the state board, including,
27but not limited to, crop displacement, food prices, food shipping,
28and market conditions.

P3    1(C) The direct and indirect land use changes resulting from fuel
2production.

3(2) Consider the state of the fuel market and technologies.

4(b) No later than December 2014, the state board shall include
5mechanisms and policies that favor low-carbon fuels with the
6 highest possible sustainability based on the factors listed in
7subdivision (a) and shallbegin delete provideend deletebegin insert encourageend insert incentives for
8sustainable fuels produced without food stock or displacement of
9food crops.



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