SB 726,
as amended, Lara. California Global Warming Solutions Act ofbegin delete 2006.end deletebegin insert 2006: Western Climate Initiative, Incorporated.end 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.
(3) The California Global Warming Solutions Act of 2006 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.
end deleteThis bill would require the state board to complete a comprehensive strategy to reduce emissions of short-lived climate pollutants, as defined, in the state, as specified. The bill, no later than December 31, 2014, would require the state board to propose for consideration a regulation to reduce emissions from oil and gas extraction, processing, and storage to ensure near-term reductions of short-lived climate pollutants. The bill, no later than December 31, 2014, would require the state board to complete and publish its evaluation, as required under the board’s regulations, of the opportunities for the largest industrial sources of greenhouse gas emissions in the state to improve efficiency and reduce onsite emissions of greenhouse gases and to include recommendations for actions to achieve significant, cost-effective, and onsite reductions of greenhouse gases.
end deleteVote: 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 both of the
4following:
5(1) California’s participation in the Western Climate Initiative,
6Incorporated, requires that its sole purpose be to provide
7operational and technical support to California in its
8implementation of Division 25.5 (commencing with Section 38500)
9of the Health and Safety Code and to provide support to the
10greenhouse gas emissions reduction programs of other jurisdictions.
11Given its limited scope of activities, the Western Climate Initiative,
12Incorporated, does not have the authority to create policy with
13respect to any existing or future program or regulation undertaken
14pursuant to Division 25.5 (commencing
with Section 38500) of
15the Health and Safety Code.
16(2) The state recognizes the ongoing efforts of the Western
17Climate Initiative, Incorporated,begin delete to developend deletebegin insert have resulted inend insert
18 policies that are consistent with the Bagley-Keene Open Meeting
19Act (Article 9 (commencing with Section 11120) of Chapter 1 of
20Part 1 of Division 3 of Title 2 of the Government Code) and the
21California Public Records Act (Chapter 3.5 (commencing with
22Section 6250) of Division 7 of Title 1 of the Government Code)
23as well as bylaws
that meet the requirements of this section.
24(b) The California membership of the Board of Directors of the
25Western Climate Initiative, Incorporated, as established pursuant
26to Section 12894, shall participate on the board so long as the
27Western Climate Initiative, Incorporated, maintains policies and
28bylaws according to all of the following:
P4 1(1) An open meetings policy that is and remains consistent with
2the general policies of the Bagley-Keene Open Meeting Act
3(Article 9 (commencing with Section 11120) of Chapter 1 of Part
41) and affords the public the greatest possible access consistent
5with the other duties of the Western Climate Initiative,
6Incorporated.
7(2) A records availability policy that is and
remains consistent
8with the general policies of the California Public Records Act
9(Chapter 3.5 (commencing with Section 6250) of Division 7 of
10Title 1) and affords the public access to corporate records consistent
11with the operating needs and other duties of the Western Climate
12Initiative, Incorporated, and all applicable legal privileges.
13(3) Bylaws that limit the activities of the Western Climate
14Initiative, Incorporated, to the technical and operational support
15of the greenhouse gas emissions reduction programs of California
16and other jurisdictions. These bylaws shall not allow the Western
17Climate Initiative, Incorporated, to have policymaking authority
18with respect to these programs.
19(c) The State Air Resources Board shall provide notice to the
20Joint Legislative Budget
Committee for all procurements over one
21hundred fifty thousand dollars ($150,000) proposed by the Western
22Climate Initiative, Incorporated, that are expected to result in a
23contract no later than 30 days prior to the execution of those
24contracts.
25(d) 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.
Chapter 4.2 (commencing with Section 39730) is added
30to Part 2 of Division 26 of the Health and Safety Code, to read:
31
(a) No later than January 1, 2016, the state board shall
35complete a comprehensive strategy to reduce emissions of
36short-lived climate pollutants in the state. In developing the
37strategy, the state board shall do all of the following:
38(1) Complete an inventory of sources and emissions of
39short-lived climate pollutants in the state based on available data.
40(2) Identify research needs to address any data gaps.
P5 1(3) Identify existing and potential new control measures to
2reduce emissions from oil and gas production, agriculture, waste,
3and any other sector identified by the state board.
4(4) Prioritize the development of new measures for short-lived
5climate pollutants that offer cobenefits by reducing other air
6pollutants that impact community health.
7(5) Coordinate with other state agencies and districts to develop
8and implement measures beyond the authority of the state board.
9(b) As part of the strategy developed pursuant to subdivision
10(a), the state board shall consult with experts in academia, industry,
11and the community on short-lived climate pollutants. The topics
12shall include, but not be limited to, all of the following:
13(1) Assessment of the current status of controls that directly or
14indirectly reduce emissions of short-lived climate pollutants in the
15state.
16(2) Identification of opportunities and challenges for controlling
17the emissions.
18(3) Recommendations to further reduce emissions.
19(c) To provide a forum for public engagement, the state board
20shall hold at least one public workshop during the development
21of the strategy required pursuant to subdivision (a).
22(d) No later than December 31, 2014, the state board shall
23propose for consideration a regulation to reduce emissions from
24oil and gas extraction, processing, and storage to ensure near-term
25reductions of short-lived climate pollutants.
26(e) For purposes of this section, “short-lived climate pollutant”
27means an agent that has a relatively short lifetime in the
28atmosphere, from a few days to a few decades, and a warming
29influence on the
climate.
No later than December 31, 2014, the state board shall
31complete and publish its evaluation, including the findings of
32independent third-party audits, of the opportunities for the largest
33industrial sources of greenhouse gas emissions in the state, pursuant
34to Sections 95600 to 95612, inclusive, of Title 17 of the California
35Code of Regulations, to improve efficiency and reduce onsite
36emissions of greenhouse gases. The state board shall include
37recommendations for actions to achieve any significant,
38cost-effective, onsite reductions of greenhouse gases, including,
39but not limited to, equipment modification, equipment upgrade,
40changes to maintenance practices, and the use of combined heat
P6 1and power, with a priority on actions that also could reduce other
2pollutants that impact community health.
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