BILL NUMBER: SB 726 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY SEPTEMBER 11, 2013
AMENDED IN ASSEMBLY SEPTEMBER 9, 2013
AMENDED IN ASSEMBLY SEPTEMBER 6, 2013
AMENDED IN ASSEMBLY AUGUST 22, 2013
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 add Section 12894.5 to the Government Code,
and to add Chapter 4.2 (commencing with Section 39730) to Part 2 of
Division 26 of the Health and Safety Code, relating to
greenhouse gases.
LEGISLATIVE COUNSEL'S DIGEST
SB 726, as amended, Lara. California Global Warming Solutions Act
of 2006. 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
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.
This 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.
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 12894.5 is added to the Government Code, to
read:
12894.5. (a) The Legislature finds and declares both of the
following:
(1) 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 38500) 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 38500) of the Health and Safety Code.
(2) The state recognizes the ongoing efforts of the Western
Climate Initiative, Incorporated, to develop
have resulted in policies that are consistent with the
Bagley-Keene Open Meeting Act (Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
Government Code) and the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code) as well as bylaws that meet the requirements of this
section.
(b) The California membership of the Board of Directors of the
Western Climate Initiative, Incorporated, as established pursuant to
Section 12894, 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) The State Air Resources Board shall provide notice to the
Joint Legislative Budget Committee for 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) 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.
SEC. 2. Chapter 4.2 (commencing with Section
39730) is added to Part 2 of Division 26 of the Health and Safety
Code, to read:
CHAPTER 4.2. GLOBAL WARMING
39730. (a) No later than January 1, 2016, the state board shall
complete a comprehensive strategy to reduce emissions of short-lived
climate pollutants in the state. In developing the strategy, the
state board shall do all of the following:
(1) Complete an inventory of sources and emissions of short-lived
climate pollutants in the state based on available data.
(2) Identify research needs to address any data gaps.
(3) Identify existing and potential new control measures to reduce
emissions from oil and gas production, agriculture, waste, and any
other sector identified by the state board.
(4) Prioritize the development of new measures for short-lived
climate pollutants that offer cobenefits by reducing other air
pollutants that impact community health.
(5) Coordinate with other state agencies and districts to develop
and implement measures beyond the authority of the state board.
(b) As part of the strategy developed pursuant to subdivision (a),
the state board shall consult with experts in academia, industry,
and the community on short-lived climate pollutants. The topics shall
include, but not be limited to, all of the following:
(1) Assessment of the current status of controls that directly or
indirectly reduce emissions of short-lived climate pollutants in the
state.
(2) Identification of opportunities and challenges for controlling
the emissions.
(3) Recommendations to further reduce emissions.
(c) To provide a forum for public engagement, the state board
shall hold at least one public workshop during the development of the
strategy required pursuant to subdivision (a).
(d) No later than December 31, 2014, the state board shall 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.
(e) For purposes of this section, "short-lived climate pollutant"
means an agent that has a relatively short lifetime in the
atmosphere, from a few days to a few decades, and a warming influence
on the climate.
39731. No later than December 31, 2014, the state board shall
complete and publish its evaluation, including the findings of
independent third-party audits, of the opportunities for the largest
industrial sources of greenhouse gas emissions in the state, pursuant
to Sections 95600 to 95612, inclusive, of Title 17 of the California
Code of Regulations, to improve efficiency and reduce onsite
emissions of greenhouse gases. The state board shall include
recommendations for actions to achieve any significant,
cost-effective, onsite reductions of greenhouse gases, including, but
not limited to, equipment modification, equipment upgrade, changes
to maintenance practices, and the use of combined heat and power,
with a priority on actions that also could reduce other pollutants
that impact community health.