Amended in Senate May 24, 2013

Amended in Senate May 8, 2013

Amended in Senate April 8, 2013

Senate BillNo. 605


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 the state board to submit that specified criteria to the Joint Legislative Budget Committeebegin delete for review and concurrenceend delete, 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:

P2    1

SECTION 1.  

Section 38561.5 is added to the Health and Safety
2Code
, to read:

3

38561.5.  

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

6(1) Prioritize and emphasize measures and actions resulting in
7greenhouse gas emissions reductions that do both of the following:

8(A) Create jobs within the state.

9(B) Reduce copollutants in regions of the state most impacted
10by toxic and criteria air pollutants.

11(2) Prioritize and emphasize current regulations and actions,
12and recommend additional measures and actions that can be
13implemented beginning no later than December 31, 2015, to
14achieve the maximum, technologically feasible, and cost-effective
15reductions in short-lived climate pollutants with high global
16warming potentials.

17(3) Limit the use of offsets, to the maximum extent feasible, to
18those offsets originating and achieved within the state.

19(4) Include a plan that achieves the greenhouse gas emissions
20goals established pursuant to Part 3 (commencing with Section
2138550) to be implemented in the eventbegin delete a market-based compliance
22mechanism adopted by the state board, the Low Carbon Fuel
23Standard regulations (Subarticle 7 (commencing with Section
2495480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3
25of Title 17 of the California Code of Regulations), or otherend delete
begin insert anyend insert
26 regulatory measures implemented and adopted by the state board
27pursuant to this division are not projected to result in the
28greenhouse gas emissions reductions necessary to meet the
29greenhouse emissions goals established pursuant to Part 3
30(commencing with Section 38550).

31(5) Consider the use of special funds authorized to be expended
32for the purposes of greenhouse gas emissions reductions, including,
33but not limited to, funds derived from market-based compliance
P3    1mechanisms, the Electric Program Investment Charge Fund created
2by Section 25711 of the Public Resources Code, and the Alternative
3and Renewable Fuel and Vehicle Technology Fund created by
4Section 44273 for emissions reductions from sources within the
5state in furtherance of achieving and maintaining the greenhouse
6gas emissions goals established pursuant to Part 3 (commencing
7with Section 38550).

8(b) The state board shall submit the criteria required pursuant
9to subdivision (a) to the Joint Legislative Budget Committeebegin delete for
10review and concurrence, in consultation with the appropriate
11committees of the Legislatureend delete
. If, after 30 days of receipt, the Joint
12Legislative Budget Committee has not made a finding on the
13submitted elements, the updated scoping plan shall be deemed
14concurred.

15(c) If the scoping plan is updated prior to January 1, 2014,
16pursuant to subdivision (h) of Section 38561, the state board shall
17revise the scoping plan to incorporate the requirements detailed
18in subdivision (a) and shall comply with subdivision (b).

19(d) For purposes of this section, “offset” means a quantified
20unit of greenhouse gas emission that is reduced, avoided, or
21permanently sequestered in a sector not regulated by a
22market-based compliance mechanism adopted by the state board.



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