BILL NUMBER: SB 726 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 12, 2013
PASSED THE ASSEMBLY SEPTEMBER 12, 2013
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, relating to
greenhouse gases.
LEGISLATIVE COUNSEL'S DIGEST
SB 726, 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
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.
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, 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.