AB 1102, as amended, Grove. Air resources: greenhouse gas emissions.
begin insertThe California Global Warming Solutions Act of 2006 authorizes the State Air Resources Board, known as ARB, by regulation, to adopt a market-based compliance mechanism to further the achievement of the statewide greenhouse gas emissions limits.
end insertbegin insertThis bill would require the ARB, if the ARB adopts a market-based compliance mechanism that provides for the auctioning of greenhouse gas allowances, to auction program allowances consigned by an electrical corporation or a local publicly owned electric utility before auctioning any other allowances.
end insertExisting law requires the State Air Resources Board to adopt and revise regulations regarding greenhouse gas emission limits and emission reduction measures, and to authorize the establishment of a system of market-based declining annual aggregate emission limits for sources or categories of sources that emit greenhouse gas emissions.
end deleteThis bill would make nonsubstantive changes to the above provision.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 38572 is added to the end insertbegin insertHealth and Safety
2Codeend insertbegin insert, to read:end insert
If the state board adopts a market-based compliance
4mechanism pursuant to this part that provides for the auctioning
5of greenhouse gas allowances, the state board shall auction
6program allowances consigned by an electrical corporation or a
7local publicly owned electric utility before auctioning any other
8allowances.
Section 38562 of the Health and Safety Code is
10amended to read:
(a) On or before January 1, 2011, the state board shall
12adopt greenhouse gas emission limits and emission reduction
13measures by regulation to achieve the maximum technologically
14feasible and cost-effective reductions in greenhouse gas emissions
15in furtherance of achieving the statewide greenhouse gas emissions
16limit, to become operative beginning on January 1, 2012.
17(b) In adopting regulations pursuant to this section and Part 5
18(commencing with Section 38570), to the extent feasible and in
19furtherance of achieving the statewide greenhouse gas emissions
20limit, the state board shall do all of the following:
21(1) Design the regulations, including distribution of
emissions
22allowances where appropriate, in a manner that is equitable, seeks
23to minimize costs and maximize the total benefits to California,
24and encourages early action to reduce greenhouse gas emissions.
25(2) Ensure that activities undertaken to comply with the
26regulations do not disproportionately impact low-income
27communities.
28(3) Ensure that entities that have voluntarily reduced their
29greenhouse gas emissions before the implementation of this section
30receive appropriate credit for early voluntary reductions.
31(4) Ensure that activities undertaken pursuant to the regulations
32complement, and do not interfere with,
efforts to achieve and
33maintain federal and state ambient air quality standards and to
34reduce toxic air contaminant emissions.
35(5) Consider cost-effectiveness of these regulations.
36(6) Consider overall societal benefits, including reductions in
37other air pollutants, diversification of energy sources, and other
38benefits to the economy, environment, and public health.
P3 1(7) Minimize the administrative burden of implementing and
2complying with these regulations.
3(8) Minimize leakage.
4(9) Consider the significance of the contribution of each source
5or category of sources to statewide emissions of greenhouse gases.
6(c) In
furtherance of achieving the statewide greenhouse gas
7emissions limit, by January 1, 2011, the state board may adopt a
8regulation that establishes a system of market-based declining
9annual aggregate emission limits for sources or categories of
10sources that emit greenhouse gas emissions, applicable from
11January 1, 2012, to December 31, 2020, inclusive, that the state
12board determines will achieve the maximum technologically
13feasible and cost-effective reductions in greenhouse gas emissions,
14in the aggregate, from those sources or categories of sources.
15(d) Any regulation adopted by the state board pursuant to this
16part or Part 5 (commencing with Section 38570) shall ensure all
17of the following:
18(1) The greenhouse gas emission reductions achieved are real,
19permanent, quantifiable, verifiable, and enforceable by the state
20board.
21(2) For regulations pursuant to Part 5 (commencing with Section
2238570), the reduction is in addition to any greenhouse gas emission
23reduction otherwise required by law or regulation, and any other
24greenhouse gas emission reduction that otherwise would occur.
25(3) If applicable, the greenhouse gas emission reduction occurs
26over the same time period and is equivalent in amount to a direct
27emission reduction required pursuant to this division.
28(e) The state board shall rely upon the best available economic
29and scientific information and its assessment of existing and
30projected technological capabilities when adopting the regulations
31required by this section.
32(f) The state board shall consult with the Public Utilities
33Commission in the development of the regulations as they affect
34electricity and natural gas providers to minimize duplicative or
35inconsistent regulatory requirements.
36(g) After January 1, 2011, the state board may revise regulations
37adopted pursuant to this section and adopt additional regulations
38to further the provisions of this division.
O
98