SB 760, as amended, Wright. Electrical generation facility: emission reduction credits.
Existing law requires every air pollution control and air quality management district board to establish a system by which all reductions in the emission of air contaminants that are to be used to offset certain future increases in the emission of air contaminants to be banked prior to use to offset future increases in emissions. Existing law designates the State Air Resources Board as the responsible agency for the preparation of the state implementation plan required by the federal Clean Air Act.
This bill would prohibit every air pollution control and air quality management district that has established an emission reduction credit program, as specified, from imposing any conditions tobegin delete shut down orend deletebegin insert
physicallyend insert destroy existing equipment that may be currently operating, not operating, or retired at an electrical generation facility that applies for an emission reduction credit.begin delete The bill would authorize the owner or operator of equipment that has been retired and that is subsequently activated for purposes of upgrading or repowering the electrical generation facility to be subject to fines but would prohibit that owner or operator from being subject to any penalty.end delete
By imposing new duties on air pollution control and air quality management districts, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 40709.8 is added to the Health and Safety
2Code, to read:
begin delete(a)end deletebegin delete end deleteNotwithstanding any other law, a district that has
4established a system pursuant to Section 40709 by which reductions
5in emissions may be banked or otherwise credited to offset future
6increases in the emissions of air contaminants, or which utilizes a
7calculation method that enables internalbegin delete emissionend deletebegin insert emissionsend insert
8 reductions to be credited against increases in emissions, shall not
9impose any conditions tobegin delete shut down orend deletebegin insert
physicallyend insert destroy existing
10equipment that may be currently operating, not operating, or retired
11at an electrical generation facility that applies for an emission
12reduction credit.
13(b) The owner or operator of equipment that has been retired
14pursuant to subdivision (a) that is subsequently activated for
15purposes of upgrading or repowering the
electrical generation
16facility may be subject to fines but shall not be subject to any
17penalty.
If the Commission on State Mandates determines that
19this act contains costs mandated by the state, reimbursement to
20local agencies and school districts for those costs shall be made
21pursuant to Part 7 (commencing with Section 17500) of Division
224 of Title 2 of the Government Code.
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