BILL NUMBER: SB 726 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 5, 2013
AMENDED IN ASSEMBLY JUNE 24, 2013
AMENDED IN SENATE MAY 24, 2013
AMENDED IN SENATE APRIL 8, 2013
INTRODUCED BY Senator Lara
FEBRUARY 22, 2013
An act to amend Section 12894 of the Government Code, relating to
greenhouse gases.
LEGISLATIVE COUNSEL'S DIGEST
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, 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
state board to report to the Joint Legislative Budget Committee
on specified procurements proposed by the Western Climate
Initiative, Incorporated .
(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.
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 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. The
bill would require the California membership of the Western Climate
Initiative, Incorporated, to participate on the board of
directors so long as the Western Climate Initiative, Incorporated,
maintains a specified open meetings policy, a specified public
records policy, and bylaws limiting the activities of the Western
Climate Initiative, Incorporated, to the technical and operational
support of the greenhouse gas emissions reduction programs of
California and other jurisdictions.
(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 1. Section 12894 of the Government Code is amended to
read:
12894. (a) (1) The Legislature finds and declares that
the both of the following:
(A) The establishment of
nongovernmental entities, such as the Western Climate Initiative,
Incorporated, and linkages with other states and countries by the
State Air Resources Board or other state agencies for the purposes of
implementing Division 25.5 (commencing with Section 38500) of the
Health and Safety Code, should be done transparently and should be
independently reviewed by the Attorney General for consistency with
all applicable laws.
(B) California's participation in the Western Climate Initiative,
Incorporated, requires that its sole purpose be to provide
operational and technical support to California in its implementation
of Division 25.5 (commencing with Section 38550) of the Health and
Safety Code and to provide support to the greenhouse gas emissions
reduction programs of other jurisdictions. Given its limited scope of
activities, the Western Climate Initiative, Incorporated, does not
have the authority to create policy with respect to any existing or
future program or regulation undertaken pursuant to Division 25.5
(commencing with Section 38550) of the Health and Safety Code.
(2) The purpose of this section is to establish new oversight and
transparency over any such linkages the
Western Climate Initiative, Incorporated, and related
activities undertaken in relation to Division 25.5 (commencing with
Section 38500) of the Health and Safety Code by the executive
agencies in order to ensure consistency with applicable laws.
(b) The California membership of the Board of Directors
board of directors of the Western Climate
Initiative, Incorporated, shall be modified as follows:
(1) One appointee or his or her designee who shall serve as an ex
officio nonvoting member shall be appointed by the Senate Committee
on Rules.
(2) One appointee or his or her designee who shall serve as an ex
officio nonvoting member shall be appointed by the Speaker of the
Assembly.
(3) The Chairperson of the State Air Resources Board or her or his
designee.
(4) The Secretary for Environmental Protection or his or her
designee.
(c) The California membership of the board of directors of the
Western Climate Initiative, Incorporated, shall participate on the
board so long as the Western Climate Initiative, Incorporated,
maintains policies and bylaws according to all of the following:
(1) An open meetings policy that is and remains consistent with
the general policies of the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1) and affords
the public the greatest possible access consistent with the other
duties of the Western Climate Initiative, Incorporated.
(2) A records availability policy that is and remains consistent
with the general policies of the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1)
and affords the public access to corporate records consistent with
the operating needs and other duties of the Western Climate
Initiative, Incorporated, and all applicable legal privileges.
(3) Bylaws that limit the activities of the Western Climate
Initiative, Incorporated, to the technical and operational support of
the greenhouse gas emissions reduction programs of California and
other jurisdictions. These bylaws shall not allow the Western Climate
Initiative, Incorporated, to have policymaking authority with
respect to these programs.
(c)
(d) The State Air Resources Board shall provide notice
to the Joint Legislative Budget Committee, consistent with
that required for Department of Finance augmentation or reduction
authorizations pursuant to subdivision (e) of Section 28.00 of the
annual Budget Act, of any Committee for both of the
following:
(1) Any funds over one hundred
fifty thousand dollars ($150,000) provided to the Western Climate
Initiative, Incorporated, or its derivatives or subcontractors no
later than 30 days prior to transfer or expenditure of these funds.
(2) All procurements over one hundred fifty thousand dollars
($150,000) proposed by the Western Climate Initiative, Incorporated,
that are expected to result in a contract no later than 30 days prior
to the execution of those contracts.
(d) (1)
(e) The Chairperson of the State Air
Resources Board and the Secretary for Environmental Protection, as
the California voting representatives on the Western Climate
Initiative, Incorporated, shall report every six months to the Joint
Legislative Budget Committee on any actions proposed by the Western
Climate Initiative, Incorporated, that affect California state
government or entities located within the state.
(2) The Western Climate Initiative, Incorporated, shall annually
submit a report to the Governor and the appropriate committees of the
Legislature that includes all of the following:
(A) Emissions reductions achieved pursuant to the Western Climate
Initiative.
(B) General plans to foster relationships with other localities,
states, and nations in order to reduce greenhouse gas emissions in
California.
(3) A report submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795 of the Government Code.
(e)
(f) For purposes of this section, "link," "linkage," or
"linking" means an action taken by the State Air Resources Board or
any other state agency that will result in acceptance by the State of
California of compliance instruments issued by any other
governmental agency, including any state, province, or country, for
purposes of demonstrating compliance with the market-based compliance
mechanism established pursuant to Division 25.5 (commencing with
Section 38500) of the Health and Safety Code and specified in
Sections 95801 to 96022, inclusive, of Title 17 of the California
Code of Regulations.
(f)
(g) A state agency, including, but not limited to, the
State Air Resources Board, shall not link a market-based compliance
mechanism established pursuant to Division 25.5 (commencing with
Section 38500) of the Health and Safety Code and specified in
Sections 95801 to 96022, inclusive, of Title 17 of the California
Code of Regulations with any other state, province, or country unless
the state agency notifies the Governor that the agency intends to
take such action and the Governor, acting in his or her independent
capacity, makes all of the following findings:
(1) The jurisdiction with which the state agency proposes to link
has adopted program requirements for greenhouse gas reductions,
including, but not limited to, requirements for offsets, that are
equivalent to or stricter than those required by Division 25.5
(commencing with Section 38500) of the Health and Safety Code.
(2) Under the proposed linkage, the State of California is able to
enforce Division 25.5 (commencing with Section 38500) of the Health
and Safety Code and related statutes, against any entity subject to
regulation under those statutes, and against any entity located
within the linking jurisdiction to the maximum extent permitted under
the United States and California Constitutions.
(3) The proposed linkage provides for enforcement of applicable
laws by the state agency or by the linking jurisdiction of program
requirements that are equivalent to or stricter than those required
by Division 25.5 (commencing with Section 38500) of the Health and
Safety Code.
(4) The proposed linkage and any related participation of the
State of California in the Western Climate Initiative, Incorporated,
shall not impose any significant liability on the state or any state
agency for any failure associated with the linkage.
(g)
(h) The Governor shall issue findings pursuant to
subdivision (f) (g) within 45 days of
receiving a notice from a state agency, and shall provide those
findings to the Legislature. The findings shall consider the advice
of the Attorney General. The findings to be submitted to the
Legislature shall not be unreasonably withheld. The findings shall
not be subject to judicial review.
(h) The Bagley-Keene Open Meeting Act (Article 9 (commencing with
Section 11120) of Chapter 1 of Part 1) and the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1) shall apply to the Western Climate Initiative,
Incorporated, and to appointees specified in subdivision (b) when
performing their duties under this section.
(i) Commencing January 1, 2014, the State Air Resources Board
shall include information on all proposed expenditures and
allocations of moneys to the Western Climate Initiative,
Incorporated, in the Governor's Budget.