SB 726, as amended, Lara. California Global Warming Solutions Act of 2006: Western Climate Initiative, Incorporated.
(1) 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. Existing law also imposes conditions on the Western Climate Initiative, Incorporated, a nongovernmental entity created to assist the state board in the implementation of the act. Existing law specifies who may serve as part of the California membership of the board of directors of the Western Climate Initiative, Incorporated.
This bill,begin delete commencing January 1, 2014, would prohibit the state board from entering into any contract or revising any existing contract with the Western Climate Initiative, Incorporated, until the non-ex officio California membership of the board of directors of the Western Climate Initiative, Incorporated, is confirmed by the Senate. The bill,end delete commencing January 1, 2014, would require the state board to include information on all proposed expenditures and allocations of moneys to the Western Climate Initiative, Incorporated, in the Governor’s Budget. The bill would require the Western Climate Initiative, Incorporated, to annually submit a specified report to the Governor and the Legislature.
(2) The Bagley-Keene Open Meeting Act generally requires that all meetings of a state body be open and public. Existing law exempts the Western Climate Initiative, Incorporated, and its appointees from the Bagley-Keene Open Meeting Act when performing their duties.
This bill would repeal that exemption and instead subject the Western Climate Initiative, Incorporated, and its appointees to the Bagley-Keene Open Meeting Act when performing their duties.
(3) The California Public Records Act requires state and local agencies to make public records available for inspection by the public, subject to specified criteria, and with specified exceptions.
This bill would require the Western Climate Initiative, Incorporated, and its appointees to be subject to the California Public Records Act when performing their duties.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 12894 of the Government Code is
2amended to read:
(a) (1) The Legislature finds and declares that the
4establishment of nongovernmental entities, such as the Western
5Climate Initiative, Incorporated, and linkages with other states and
6countries by the State Air Resources Board or other state agencies
7for the purposes of implementing Division 25.5 (commencing with
8Section 38500) of the Health and Safety Code, should be done
9transparently and should be independently reviewed by the
10Attorney General for consistency with all applicable laws.
11(2) The purpose of this section is to establish new oversight and
12transparency over any such linkages and related activities
13undertaken in relation to Division 25.5 (commencing with Section
1438500)
of the Health and Safety Code by the executive agencies
15in order to ensure consistency with applicable laws.
P3 1(b) begin delete(1)end deletebegin delete end deleteThe California membership of the Board of Directors
2of the Western Climate Initiative, Incorporated, shall be modified
3as follows:
4(A)
end delete
5begin insert(1)end insert One appointee or his or her designee who shall serve as an
6ex officio nonvoting member shall be appointed by the Senate
7Committee
on Rules.
8(B)
end delete
9begin insert(2)end insert One appointee or his or her designee who shall serve as an
10ex officio nonvoting member shall be appointed by the Speaker
11of the Assembly.
12(C)
end delete
13begin insert(3)end insert The Chairperson of the State Air Resources Board or her or
14his designee.
15(D)
end delete
16begin insert(4)end insert The Secretary for Environmental Protection or his or her
17designee.
18(2) Commencing January 1, 2014, the State Air Resources Board
19shall not enter into any contract or revise any existing contract
20with the Western Climate Initiative, Incorporated, until the non-ex
21officio California membership of the Board of Directors of the
22Western Climate Initiative, Incorporated, is confirmed by the
23Senate.
24(c) The State Air Resources Board shall provide notice to the
25Joint
Legislative Budget Committee, consistent with that required
26for Department of Finance augmentation or reduction
27authorizations pursuant to subdivision (e) of Section 28.00 of the
28annual Budget Act, of any funds over one hundred fifty thousand
29dollars ($150,000) provided to the Western Climate Initiative,
30
Incorporated, or its derivatives or subcontractors no later than 30
31days prior to transfer or expenditure of these funds.
32(d) (1) The Chairperson of the State Air Resources Board and
33the Secretary for Environmental Protection, as the California voting
34representatives on the Western Climate Initiative, Incorporated,
35shall report every six months to the Joint Legislative Budget
36Committee on any actions proposed by the Western Climate
37Initiative, Incorporated, that affect California state government or
38entities located within the state.
P4 1(2) The Western Climate Initiative, Incorporated, shall annually
2submit a report to the Governor and the appropriate committees
3of the Legislature that includes all of the following:
4(A) Emissions reductions achieved pursuant to the Western
5Climate Initiative.
6(B) General plans to foster relationships with other localities,
7states, and nations in order to reduce greenhouse gas emissions in
8California.
9(3) A report submitted pursuant to this subdivision shall be
10submitted in compliance with Section 9795 of the Government
11Code.
12(e) For purposes of this section, “link,” “linkage,” or “linking”
13means an action taken by the State Air Resources Board or any
14other state agency that will result in acceptance by the State of
15California of compliance instruments issued by any other
16governmental agency, including any state, province, or country,
17for
purposes of demonstrating compliance with the market-based
18compliance mechanism established pursuant to Division 25.5
19(commencing with Section 38500) of the Health and Safety Code
20and specified in Sections 95801 to 96022, inclusive, of Title 17 of
21the California Code of Regulations.
22(f) A state agency, including, but not limited to, the State Air
23Resources Board, shall not link a market-based compliance
24mechanism established pursuant to Division 25.5 (commencing
25with Section 38500) of the Health and Safety Code and specified
26in Sections 95801 to 96022, inclusive, of Title 17 of the California
27Code of Regulations with any other state, province, or country
28unless the state agency notifies the Governor that the agency
29intends to take such action and the Governor, acting in his or her
30independent capacity, makes all of the following findings:
31(1) The jurisdiction with which the state agency proposes to
32link has adopted program requirements for greenhouse gas
33reductions, including, but not limited to, requirements for offsets,
34that are equivalent to or stricter than those required by Division
3525.5 (commencing with Section 38500) of the Health and Safety
36Code.
37(2) Under the proposed linkage, the State of California is able
38to enforce Division 25.5 (commencing with Section 38500) of the
39Health and Safety Code and related statutes, against any entity
40subject to regulation under those statutes, and against any entity
P5 1located within the linking jurisdiction to the maximum extent
2permitted under the United States and California Constitutions.
3(3) The proposed
linkage provides for enforcement of applicable
4laws by the state agency or by the linking jurisdiction of program
5requirements that are equivalent to or stricter than those required
6by Division 25.5 (commencing with Section 38500) of the Health
7and Safety Code.
8(4) The proposed linkage and any related participation of the
9State of California in the Western Climate Initiative, Incorporated,
10shall not impose any significant liability on the state or any state
11agency for any failure associated with the linkage.
12(g) The Governor shall issue findings pursuant to subdivision
13(f) within 45 days of receiving a notice from a state agency, and
14shall provide those findings to the Legislature. The findings shall
15consider the advice of the Attorney General. The findings to be
16submitted to the
Legislature shall not be unreasonably withheld.
17The findings shall not be subject to judicial review.
18(h) The Bagley-Keene Open Meeting Act (Article 9
19(commencing with Section 11120) of Chapter 1 of Part 1) and the
20California Public Records Act (Chapter 3.5 (commencing with
21Section 6250) of Division 7 of Title 1) shall apply to the Western
22Climate Initiative, Incorporated, and to appointees specified in
23begin delete paragraph (1) ofend delete subdivision (b) when performing their duties
24under this section.
25(i) Commencing January 1, 2014, the State Air Resources Board
26shall include information on all proposed expenditures and
27allocations of moneys to the Western Climate Initiative,
28Incorporated, in the Governor’s
Budget.
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