Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 527

Introduced by Assembly Member Beth Gaines

February 20, 2013

An act to amend Section begin delete 6253 of end delete begin insert 12894 of, and to add Section 12895 to, end insert the Government Code, relating to begin delete public records end delete begin insert greenhouse gases end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 527, as amended, Beth Gaines. begin delete California Public Records Act. end delete begin insert Global Warming Solutions Act of 2006: Western Climate Initiative, Incorporated. end insert

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(1) 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 Western Climate Initiative, Incorporated, a nongovernmental entity created to assist the state board in the implementation of the act.

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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 Western Climate Initiative, Incorporated, and its appointees from the Bagley-Keene Open Meeting Act when performing their duties.

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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. The bill would prohibit the state board from making a payment pursuant to any agreement, contract, or revision of an agreement or contract entered into with the Western Climate Initiative, Incorporated, subsequent to January 1, 2014, unless the state board makes a finding that the Western Climate Initiative, Incorporated, has complied with, among other things, the Bagley-Keene Open Meeting Act.

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The

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begin insert (2) end insert begin insert   end insert begin insert The end insert California Public Records Act requires state and local agencies to make public records available for inspection by the public, subject to specified criteria, and with specified exceptions.

This bill would begin delete make technical, nonsubstantive changes to these provisions end delete begin insert require the Western Climate Initiative, Incorporated, and its appointees to be subject to the California Public Records Act when performing their duties. The bill would prohibit the state board from making a payment pursuant to any agreement, contract, or revision of an agreement or contract entered into with the Western Climate Initiative, Incorporated, subsequent to January 1, 2014, unless the state board makes a finding that the Western Climate Initiative, Incorporated, has complied with, among other things, the California Public Records Act end insert .

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(3) Existing law sets out the authority and duties of the California State Auditor in conducting audits and surveys of specified entities. Existing law authorizes and provides access to the California State Auditor and his or her authorized representatives to examine and reproduce various records of any agency of the state.

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This bill would require the Western Climate Initiative, Incorporated, to be subject to any audit requested or required by the California State Auditor. The bill would prohibit the state board from making a payment pursuant to any agreement, contract, or revision of an agreement or contract entered into with the Western Climate Initiative, Incorporated, subsequent to January 1, 2014, unless the state board makes a finding that the Western Climate Initiative, Incorporated, has complied with, among other things, an audit conducted by the California State Auditor.

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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:

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begin insert SECTION 1. end insert   

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begin insert Section 12894 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

12894.  

(a) (1) The Legislature finds and declares that the
establishment of nongovernmental entities, such as the Western
Climate Initiative, Incorporated, and linkages with other states and
countries by the State Air Resources Board or other state agencies
for the purposes of implementing Division 25.5 (commencing with
Section 38500) of the Health and Safety Code, should be done
transparently and should be independently reviewed by the
Attorney General for consistency with all applicable laws.

(2) The purpose of this section is to establish new oversight and
transparency over any begin delete such end delete begin insert of those end insert linkages and related activities
undertaken in relation to Division 25.5 (commencing with Section
38500) of the Health and Safety Code by the executive agencies
in order to ensure consistency with applicable laws.

(b) (1) The California membership of the board of directors of
the Western Climate Initiative, Incorporated, shall be modified as
follows:

(A) One appointee or his or her designee who shall serve as an
ex officio nonvoting member shall be appointed by the Senate
Committee on Rules.

(B) One appointee or his or her designee who shall serve as an
ex officio nonvoting member shall be appointed by the Speaker
of the Assembly.

(C) The Chairperson of the State Air Resources Board or her
or his designee.

(D) The Secretary for Environmental Protection or his or her
designee.

(2)  begin delete Sections 11120 through 11132 do not end delete begin insert The Bagley-Keene
Open Meeting Act (Article 9 (commencing with Section 11120) of
Chapter 1 of Part 1 and the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of
Title 1) shall end insert apply to the Western Climate Initiative, Incorporated,
or to appointees specified in subparagraphs (C) and (D) of
paragraph (1) when performing their duties under this section.

(c) The State Air Resources Board shall provide notice to the
Joint Legislative Budget Committee, consistent with that required
for Department of Finance augmentation or reduction
authorizations pursuant to subdivision (e) of Section 28.00 of the
annual Budget Act, of any funds over one hundred fifty thousand
dollars ($150,000) provided to the Western Climate Initiative,
Incorporated, or its derivatives or subcontractors no later than 30
days prior to transfer or expenditure of these funds.

(d) The Chairperson of the State Air Resources Board and the
Secretary for Environmental Protection, as the California voting
representatives on the Western Climate Initiative, Incorporated,
shall report every six months to the Joint Legislative Budget
Committee on any actions proposed by the Western Climate
Initiative, Incorporated, that affect California state government or
entities located within the state.

(e) For purposes of this section, “link,” “linkage,” or “linking”
means an action taken by the State Air Resources Board or any
other state agency that will result in acceptance by the State of
California of compliance instruments issued by any other
governmental agency, including any state, province, or country,
for purposes of demonstrating compliance with the market-based
compliance mechanism established pursuant to Division 25.5
(commencing with Section 38500) of the Health and Safety Code
and specified in Sections 95801 to 96022, inclusive, of Title 17 of
the California Code of Regulations.

(f) A state agency, including, but not limited to, the State Air
Resources Board, shall not link 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 95801 to 96022, inclusive, of Title 17 of the California
Code of Regulations with any other state, province, or country
unless the state agency notifies the Governor that the agency
intends to take begin delete such end delete begin insert that end insert action and the Governor, acting in his or
her independent capacity, makes all of the following findings:

(1) The jurisdiction with which the state agency proposes to
link has adopted program requirements for greenhouse gas
reductions, including, but not limited to, requirements for offsets,
that are equivalent to or stricter than those required by Division
25.5 (commencing with Section 38500) of the Health and Safety
Code.

(2) Under the proposed linkage, the State of California is able
to enforce Division 25.5 (commencing with Section 38500) of the
Health and Safety Code and related statutes, against any entity
subject to regulation under those statutes, and against any entity
located within the linking jurisdiction to the maximum extent
permitted under the United States and California Constitutions.

(3) The proposed linkage provides for enforcement of applicable
laws by the state agency or by the linking jurisdiction of program
requirements that are equivalent to or stricter than those required
by Division 25.5 (commencing with Section 38500) of the Health
and Safety Code.

(4) The proposed linkage and any related participation of the
State of California in begin insert the end insert Western Climate Initiative, Incorporated,
shall not impose any significant liability on the state or any state
agency for any failure associated with the linkage.

(g) The Governor shall issue findings pursuant to subdivision
(f) within 45 days of receiving a notice from a state agency, and
shall provide those findings to the Legislature. The findings shall
consider the advice of the Attorney General. The findings to be
submitted to the Legislature shall not be unreasonably withheld.
The findings shall not be subject to judicial review.

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(h) The Western Climate Initiative, Incorporated, shall be
subject to any audit requested or required by the California State
Auditor.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 12895 is added to the end insert begin insert Government Code end insert begin insert , to
read: end insert

begin insert

begin insert 12895. end insert   

The State Air Resources Board shall not make a
payment pursuant to any agreement, contract, or revision of an
agreement or contract entered into with the Western Climate
Initiative, Incorporated, subsequent to January 1, 2014, unless the
State Air Resources Board makes a finding that the Western
Climate Initiative, Incorporated, has complied with all of the
following:

(a) The Bagley-Keene Open Meeting Act (Article 9 (commencing
with Section 11120) of Chapter 1 of Part 1).

(b) The California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1).

(c) An audit conducted by the California State Auditor pursuant
to subdivision (h) of Section 12894.

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SECTION 1.  

Section 6253 of the Government Code is amended
to read:

6253.  

(a) Public records are open to inspection at all times
during the office hours of the state or local agency and every person
has a right to inspect any public record, except as hereafter
provided. Any reasonably segregable portion of a record shall be
available for inspection by any person requesting the record after
deletion of the portions that are exempted by law.

(b) Except with respect to public records exempt from disclosure
by express provisions of law, each state or local agency, upon a
request for a copy of records that reasonably describes an
identifiable record or records, shall make the records promptly
available to any person upon payment of fees covering direct costs
of duplication, or a statutory fee if applicable. Upon request, an
exact copy shall be provided unless impracticable to do so.

(c) (1) Each agency, upon a request for a copy of records, shall,
within 10 days from receipt of the request, determine whether the
request, in whole or in part, seeks copies of disclosable public
records in the possession of the agency and shall promptly notify
the person making the request of the determination and the reasons
therefor. In unusual circumstances, the time limit prescribed in
this section may be extended by written notice by the head of the
agency or his or her designee to the person making the request,
setting forth the reasons for the extension and the date on which
a determination is expected to be dispatched. The notice shall not
specify a date that would result in an extension for more than 14
days. When the agency dispatches the determination, and if the
agency determines that the request seeks disclosable public records,
the agency shall state the estimated date and time when the records
will be made available.

(2) As used in this subdivision, “unusual circumstances” means
the following, but only to the extent reasonably necessary to the
proper processing of the particular request:

(A) The need to search for and collect the requested records
from field facilities or other establishments that are separate from
the office processing the request.

(B) The need to search for, collect, and appropriately examine
a voluminous amount of separate and distinct records that are
demanded in a single request.

(C) The need for consultation, which shall be conducted with
all practicable speed, with another agency having substantial
interest in the determination of the request or among two or more
components of the agency having substantial subject matter interest
therein.

(D) The need to compile data, to write programming language
or a computer program, or to construct a computer report to extract
data.

(d) This chapter shall not be construed to permit an agency to
delay or obstruct the inspection or copying of public records. The
notification of denial of any request for records required by Section
6255 shall set forth the names and titles or positions of each person
responsible for the denial.

(e) Except as otherwise prohibited by law, a state or local agency
may adopt requirements for itself that allow for faster, more
efficient, or greater access to records than prescribed by the
minimum standards set forth in this chapter.

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