SB 726,
as amended, Lara. California Global Warming Solutions Act ofbegin delete 2006: Western Climate Initiative, Incorporatedend deletebegin insert 2006end insert.
(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 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 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.
begin insert(3) The California Global Warming Solutions Act of 2006 authorizes the state board to include the use of market-based compliance mechanisms.
end insertbegin insertThis bill would prohibit the use of sector-based offsets as part of a market-based compliance mechanism prior to January 1, 2017.
end insertVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 12894.5 is added to the Government
2Code, to read:
(a) The Legislature finds and declares that
4California’s participation in the Western Climate Initiative,
5Incorporated, requires that its sole purpose be to provide
6operational and technical support to California in its
7implementation of Division 25.5 (commencing with Section 38500)
P3 1of the Health and Safety Code and to provide support to the
2greenhouse gas emissions reduction programs of other jurisdictions.
3Given its limited scope of activities, the Western Climate Initiative,
4Incorporated, does not have the authority to create policy with
5respect to any existing or future program or regulation undertaken
6pursuant to Division 25.5 (commencing with Section 38500) of
7the Health and Safety Code.
8(b) The California membership of the Board of
Directors of the
9Western Climate Initiative, Incorporated, as established pursuant
10to Section 12894, shall participate on the board so long as the
11Western Climate Initiative, Incorporated, maintains policies and
12bylaws according to all of the following:
13(1) An open meetings policy that is and remains consistent with
14the general policies of the Bagley-Keene Open Meeting Act
15(Article 9 (commencing with Section 11120) of Chapter 1 of Part
161) and affords the public the greatest possible access consistent
17with the other duties of the Western Climate Initiative,
18Incorporated.
19(2) A records availability policy that is and remains consistent
20with the general policies of the California Public Records Act
21(Chapter 3.5 (commencing with Section 6250) of Division 7 of
22Title 1) and affords the public access to corporate records consistent
23with the operating needs and other duties of the Western
Climate
24Initiative, Incorporated, and all applicable legal privileges.
25(3) Bylaws that limit the activities of the Western Climate
26Initiative, Incorporated, to the technical and operational support
27of the greenhouse gas emissions reduction programs of California
28and other jurisdictions. These bylaws shall not allow the Western
29Climate Initiative, Incorporated, to have policymaking authority
30with respect to these programs.
31(c) The State Air Resources Board shall provide notice to the
32Joint Legislative Budget Committee for all procurements over one
33hundred fifty thousand dollars ($150,000) proposed by the Western
34Climate Initiative, Incorporated, that are expected to result in a
35contract no later than 30 days prior to the execution of those
36contracts.
37(d) Commencing January 1, 2014, the State Air Resources Board
38shall
include information on all proposed expenditures and
39allocations of moneys to the Western Climate Initiative,
40Incorporated, in the Governor’s Budget.
begin insertSection 38575 is added to the end insertbegin insertHealth and Safety Codeend insertbegin insert,
2to read:end insert
Sector-based offsets shall not be eligible for use for
4purposes of this part prior to January 1, 2017.
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