Amended in Senate April 15, 2013

Senate Bill No. 497

Introduced by Senator Walters

February 21, 2013

An act to amend Section 38597 of, and to add Section 38575 to, the Health and Safety Code, relating to greenhouse gases.

LEGISLATIVE COUNSEL’S DIGEST

SB 497, as amended, Walters. California Global Warming Solutions Act of 2006: fees.

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. The act authorizes the state board to include use of market-based compliance mechanisms.

This bill would require the state board to freely allocate greenhouse gas emissions allowances to the California State University begin delete and end delete begin insert , end insert the University of California begin insert , and private colleges and universities end insert for purposes of any market-based compliance mechanism adopted by the state board. The bill would prohibit the state board from assessing a fee on the California State University begin delete or end delete begin insert , end insert the University of California begin insert , or a private college or university end insert for purposes of any program or regulation adopted pursuant to the act.

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.  

Section 38575 is added to the Health and Safety
Code, to read:

38575.  

Notwithstanding Section 38592, the state board shall
freely allocate greenhouse gas emissions allowances to the
California State University begin delete and end delete begin insert , end insert the University of California begin insert , and
private colleges and universities end insert for any market-based compliance
mechanism adopted by the state board.

SEC. 2.  

Section 38597 of the Health and Safety Code is
amended to read:

38597.  

(a) The state board may adopt by regulation, after a
public workshop, a schedule of fees to be paid by the sources of
greenhouse gas emissions regulated pursuant to this division,
consistent with Section 57001. The revenues collected pursuant
to this section, shall be deposited into the Air Pollution Control
Fund and are available upon appropriation, by the Legislature, for
purposes of carrying out this division.

(b) Notwithstanding subdivision (a), the state board shall not
assess a fee on the California State University begin delete or end delete begin insert , end insert the University
of California begin insert , or a private college or university end insert for purposes of
any program or regulation adopted pursuant to this division.