Amended in Senate April 8, 2013

Senate BillNo. 605


Introduced by Senator Lara

February 22, 2013


An actbegin insert to add Section 38561.5end insertbegin insert to the Health and Safety Code,end insert relating tobegin delete school safetyend deletebegin insert greenhouse gasesend insert.

LEGISLATIVE COUNSEL’S DIGEST

SB 605, as amended, Lara. begin deleteSchool safety: persistently dangerous schools. end deletebegin insertCalifornia Global Warming Solutions Act of 2006: scoping plan.end insert

begin insert

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 act requires the state board to prepare and approve a scoping plan for achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions. The act requires the scoping plan to be updated at least once every 5 years.

end insert
begin insert

This bill would require the state board, when updating the scoping plan, to include specified criteria. The bill would require all greenhouse gas emissions reductions be achieved within the state in areas that are most impacted by greenhouse gas pollutants and other air pollutants, except as specified.

end insert
begin delete

Existing law establishes various laws relating to school safety and violence prevention, and, among other things, requires each school district and county office of education to be responsible for the overall development of all comprehensive school safety plans for its schools operating kindergarten or any of grades 1 to 12, inclusive.

end delete
begin delete

This bill would express the Legislature’s intent to enact legislation that would establish criteria for, and provide for the identification of, persistently dangerous schools.

end delete

Vote: 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:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 38561.5 is added to the end insertbegin insertHealth and Safety
2Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert38561.5.end insert  

(a) When updating the scoping plan pursuant to
4subdivision (h) of Section 38561, the state board shall do all of
5the following:

6(1) Revise the million metric tons of emissions (MMTE) to
7emphasize in-state actions that create jobs in the state, including,
8but not limited to, retrofits.

9(2) Achieve maximum technologically feasible and cost-effective
10emissions reductions in short-lived climate pollutants no later than
11December 31, 2015.

12(3) Limit the use of offsets to all of the following:

13(A) Those offsets originating and achieved within the state.

14(B) Those offsets used to offset greenhouse gas emissions in a
15location that has greenhouse gas emissions.

16(C) Those offsets occurring at the same time greenhouse gas
17emissions are occurring, to the extent possible.

18(4) Adopt a backstop plan in the event a market-based
19compliance mechanism adopted by the state board and the Low
20Carbon Fuel Standard regulations (Subarticle 7 (commencing
21with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of
22Division 3 of Title 17 of the California Code of Regulations) do
23not accomplish the goals intended in the scoping plan.

24(5) Expend special funds, including, but not limited to, funds
25derived from market-based compliance mechanisms, the Electric
26Program Investment Charge Fund created by Section 25711 of
27the Public Resources Code, and the Alternative and Renewable
28Fuel and Vehicle Technology Fund created by Section 44273, for
29emissions reductions from sources within the state in furtherance
P3    1of achieving and maintaining the limit established pursuant to
2Part 3 (commencing with Section 38550).

3(b) All greenhouse gas emissions reductions shall be achieved
4within the state in areas that are most impacted by greenhouse
5gas pollutants and other air pollutants unless both of the following
6occur:

7(1) The state board makes a finding at a public hearing that
8there are no technologically feasible and cost-effective emissions
9reductions that may be made in areas that are most impacted by
10greenhouse gas pollutants within the state, and the state board
11submits that finding to the Joint Legislative Budget Committee.

12(2) Within 30 days of the submission pursuant to paragraph
13(1), the Joint Legislative Budget Committee shall concur or
14nonconcur on the finding. If, after 30 days, the Joint Legislative
15Budget Committee has not concurred or nonconcurred in the
16finding, the finding shall be deemed to be concurred.

end insert
begin delete
17

SECTION 1.  

It is the intent of the Legislature to enact
18legislation that would establish criteria for, and provide for the
19identification of, persistently dangerous schools.

end delete


O

    98