BILL NUMBER: SB 605 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 8, 2013
AMENDED IN SENATE APRIL 8, 2013
INTRODUCED BY Senator Lara
FEBRUARY 22, 2013
An act to add Section 38561.5 to the Health and Safety Code,
relating to greenhouse gases.
LEGISLATIVE COUNSEL'S DIGEST
SB 605, as amended, Lara. California Global Warming Solutions Act
of 2006: scoping plan.
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.
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 the state
board to submit that specified criteria to the Joint Legislative
Budget Committee for review and concurrence, as specified. The bill
would require the state board, if it has completed an update of the
scoping plan prior to January 1, 2014, to further update the scoping
plan to meet the criteria and provisions of this bill .
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 38561.5 is added to the Health and Safety Code,
to read:
38561.5. (a) When updating the scoping plan pursuant to
subdivision (h) of Section 38561, the state board shall do all of the
following:
(1) Revise the million metric tons of emissions (MMTE) to
emphasize in-state actions that create jobs in the state, including,
but not limited to, retrofits.
(2) Achieve maximum technologically feasible and cost-effective
emissions reductions in short-lived climate pollutants no later than
December 31, 2015.
(3) Limit the use of offsets to all of the following:
(A) Those offsets originating and achieved within the state.
(B) Those offsets used to offset greenhouse gas emissions in a
location that has greenhouse gas emissions.
(C) Those offsets occurring at the same time greenhouse gas
emissions are occurring, to the extent possible.
(4) Adopt a backstop plan in the event a market-based compliance
mechanism adopted by the state board and the Low Carbon Fuel Standard
regulations (Subarticle 7 (commencing with Section 95480) of Article
4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the
California Code of Regulations) do not accomplish the goals intended
in the scoping plan.
(5) Expend special funds, including, but not limited to, funds
derived from market-based compliance mechanisms, the Electric Program
Investment Charge Fund created by Section 25711 of the Public
Resources Code, and the Alternative and Renewable Fuel and Vehicle
Technology Fund created by Section 44273, for emissions reductions
from sources within the state in furtherance of achieving and
maintaining the limit established pursuant to Part 3 (commencing with
Section 38550).
(b) All greenhouse gas emissions reductions shall be achieved
within the state in areas that are most impacted by greenhouse gas
pollutants and other air pollutants unless both of the following
occur:
(1) The state board makes a finding at a public hearing that there
are no technologically feasible and cost-effective emissions
reductions that may be made in areas that are most impacted by
greenhouse gas pollutants within the state, and the state board
submits that finding to the Joint Legislative Budget Committee.
(2) Within 30 days of the submission pursuant to paragraph (1),
the Joint Legislative Budget Committee shall concur or nonconcur on
the finding. If, after 30 days, the Joint Legislative Budget
Committee has not concurred or nonconcurred in the finding, the
finding shall be deemed to be concurred.
(1) Prioritize and emphasize measures and actions resulting in
greenhouse gas emissions reductions that do both of the following:
(A) Create jobs within the state.
(B) Reduce copollutants in regions of the state most impacted by
toxic and criteria air pollutants.
(2) Prioritize and emphasize current regulations and actions, and
recommend additional measures and actions that can be implemented
beginning no later than December 31, 2015, to achieve the maximum,
technologically feasible, and cost-effective reductions in
short-lived climate pollutants with high global warming potentials.
(3) Limit the use of offsets, to the maximum extent feasible, to
those offsets originating and achieved within the state.
(4) Include a plan that achieves the greenhouse gas emissions
goals established pursuant to Part 3 (commencing with Section 38550)
to be implemented in the event a market-based compliance mechanism
adopted by the state board, the Low Carbon Fuel Standard regulations
(Subarticle 7 (commencing with Section 95480) of Article 4 of
Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the
California Code of Regulations), or other regulatory measures
implemented and adopted by the state board pursuant to this division
are not projected to result in the greenhouse gas emissions
reductions necessary to meet the greenhouse emissions goals
established pursuant to Part 3 (commencing with section 38550).
(5) Consider the use of special funds authorized to be expended
for the purposes of greenhouse gas emissions reductions, including,
but not limited to, funds derived from market-based compliance
mechanisms, the Electric Program Investment Charge Fund created by
Section 25711 of the Public Resources Code, and the Alternative and
Renewable Fuel and Vehicle Technology Fund created by Section 44273
for emissions reductions from sources within the state in furtherance
of achieving and maintaining the greenhouse gas emissions goals
established pursuant to Part 3 (commencing with Section 38550).
(b) The state board shall submit the criteria required pursuant to
subdivision (a) to the Joint Legislative Budget Committee for review
and concurrence, in consultation with the appropriate committees of
the Legislature. If, after 30 days of receipt, the Joint Legislative
Budget Committee has not made a finding on the submitted elements,
the updated scoping plan shall be deemed concurred.
(c) If the scoping plan is updated prior to January 1, 2014,
pursuant to subdivision (h) of Section 38561, the state board shall
revise the scoping plan to incorporate the requirements detailed in
subdivision (a) and shall comply with subdivision (b).
(d) For purposes of this section, "offset" means a quantified unit
of greenhouse gas emission that is reduced, avoided, or permanently
sequestered in a sector not regulated by a market-based compliance
mechanism adopted by the state board.