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 to physically destroy existing equipment that may be currently operating or not operating that is or will be retired at an electrical generation facility unless the owner or operator retires that equipment to provide emission reduction credits, emission offsets, or an offset exemption from the district or the new source review program of the federal Clean Air Act otherwise requires.begin insert The bill would require an air pollution control or air quality management district implementing this provision to recover any incurred costs from existing applicable fees.end insert 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.
end deleteThis 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.
end deleteThe 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.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertVote: 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 insert(a)end insertbegin insert end insertA district that has established a system pursuant
4to Section 40709 by which reductions in emissions may be banked
5or otherwise credited to offset future increases in the emissions of
6air contaminants, or that utilizes a calculation method that enables
7internal emissions reductions to be credited against increases in
8emissions, shall not impose any conditions to physically destroy
9existing equipment that may be currently operating or not operating
10that is or will be retired at an electrical generation facility unless
11either of the following applies:
12(a)
end delete
13begin insert(1)end insert The owner or operator retires that equipment to provide
14emission reduction credits, emission offsets, or an offset exemption
15from the district.
16(b)
end delete
P3 1begin insert(2)end insert The new source review program of the federal Clean Air
2Act (42 U.S.C. Sec. 7401 et seq.) requires the imposition of such
3a condition.
4(b) Any costs
incurred by a district in implementing this section
5shall be recovered from existing applicable fees.
If the Commission on State Mandates determines that
7this act contains costs mandated by the state, reimbursement to
8local agencies and school districts for those costs shall be made
9pursuant to Part 7 (commencing with Section 17500) of Division
104 of Title 2 of the Government Code.
No reimbursement is required by this act pursuant to
12Section 6 of Article XIII B of the California Constitution because
13a local agency or school district has the authority to levy service
14charges, fees, or assessments sufficient to pay for the program or
15level of service mandated by this act, within the meaning of Section
1617556 of the Government Code.
O
95