BILL NUMBER: AB 2363	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Quirk

                        FEBRUARY 21, 2014

   An act to add Section 38575 to the Health and Safety Code,
relating to greenhouse gases.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2363, as introduced, Quirk. Greenhouse gases: offsets.
   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 emission
reductions. The act authorizes the state board to include the use of
market-based compliance mechanisms.
   This bill would require the state board to adopt regulations
providing for the generation of offset credits that may be used,
sold, or traded pursuant to a market-based compliance mechanism that
the state board may adopt for forest management activities performed
for the purpose of reducing the risk of severe wildfires and
activities involving the application of biochar, as defined, to soil.

   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.  (a) The Legislature finds and declares all of the
following:
   (1) Forests are critical elements of the California economy and
ecosystems.
   (2) Forest fires have devastated large tracts of California's
forested land, a trend that has exacerbated in recent years. Fourteen
of the 20 largest recorded wildfires in California's history have
occurred within the last 20 years.
   (3) Climate change is likely to increase the risk of wildfire by
disrupting rain cycles, increasing average temperatures and dry
season duration, and forcing changes in species' habitat range.
   (b) It is the intent of the Legislature to promote the use of
biomass generated from activities that reduce the risk of wildfire
for the purposes of renewable energy production for activities that
do not harm the long-term ecological health and sustainability of the
forest.
  SEC. 2.  Section 38575 is added to the Health and Safety Code, to
read:
   38575.  (a) As used in this section, "biochar" means biomass that
is a solid carbonaceous byproduct of pyrolysis or gasification that
may be used as a feedstock for renewable energy generation.
   (b) The state board shall adopt regulations providing for the
generation of offset credits that may be used, sold, or traded
pursuant to a market-based compliance mechanism that the state board
may adopt pursuant to this part for both of the following:
   (1) (A) Forest management activities that are performed for the
purpose of reducing the risk of severe wildlife that include, but are
not limited to, underbrush removal, dead tree removal, and selective
thinning of tree stands.
   (B) Activities receiving offset credits shall be performed in
compliance with all applicable laws and regulations, including the Z'
berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with
Section 4511) of Part 2 of Division 4 of the Public Resources Code).
   (C) The amount of offset credits generated shall be in proportion
to the expected reduction in the emissions of greenhouse gases due to
the decreased likelihood of severe wildfires resulting from the
activities.
   (D) The offset credits shall be issued to the entity performing
the activities.
   (2) (A) Application of biochar to soil that is in compliance with
all applicable laws and regulations and the best management practices
for the management of the soil.
   (B) The amount of offset credits generated shall equal the
expected long-term sequestration of carbon in soils to which the
biochar is applied.