California Legislature—2015–16 Regular Session

Assembly BillNo. 21


Introduced by Assembly Member Perea

December 1, 2014


An act to amend Sections 38501, 38551, and 38561 of the Health and Safety Code, relating to greenhouse gases.

LEGISLATIVE COUNSEL’S DIGEST

AB 21, as introduced, Perea. California Global Warming Solutions Act of 2006: emissions limit: scoping plan.

The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act 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 make recommendations to the Governor and the Legislature on how to continue the reduction of greenhouse gas emissions beyond 2020.

The act also 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.

This bill would require the state board, no later than January 1, 2018, to recommend to the Governor and the Legislature a specific target of statewide emissions reductions for 2030 to be accomplished in a cost-effective manner.

This bill would require the state board in preparing its scoping plan to consult with specified state agencies regarding matters involving energy efficiency and the facilitation of the electrification of the transportation sector.

This bill also would make various findings and declarations.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 38501 of the Health and Safety Code is
2amended to read:

3

38501.  

The Legislature finds and declares all of the following:

4(a) Global warming poses a serious threat to the economic
5well-being, public health, natural resources, and the environment
6of California. The potential adverse impacts of global warming
7include the exacerbation of air quality problems, a reduction in
8the quality and supply of water to the state from the Sierra
9snowpack, a rise in sea levels resulting in the displacement of
10thousands of coastal businesses and residences, damage to marine
11ecosystems and the natural environment, and an increase in the
12incidences of infectious diseases, asthma, and other human
13health-related problems.

14(b) Global warming will have detrimental effects on some of
15California’s largest industries, including agriculture, wine, tourism,
16skiing, recreational and commercial fishing, and forestry. It will
17also increase the strain on electricity supplies necessary to meet
18the demand for summer air-conditioning in the hottest parts of the
19state.

20(c) California has long been a national and international leader
21on energy conservation and environmental stewardship efforts,
22including the areas of air quality protections, energy efficiency
23requirements, renewable energy standards, natural resource
24conservation, and greenhouse gasbegin delete emissionend deletebegin insert emissionsend insert standards
25for passenger vehicles. The program established by this division
26will continue this tradition of environmental leadership by placing
27California at the forefront of national and international efforts to
28reduce emissions of greenhouse gases.

29(d) National and international actions are necessary to fully
30address the issue of global warming. However, action taken by
31California to reduce emissions of greenhouse gases will have
P3    1far-reaching effects by encouraging other states, the federal
2government, and other countries to act.

3(e) By exercising a global leadership role, California will also
4position its economy, technology centers, financial institutions,
5and businesses to benefit from national and international efforts
6to reduce emissions of greenhouse gases. More importantly,
7investing in the development of innovative and pioneering
8technologies will assist California in achieving the 2020 statewide
9limit on emissions of greenhouse gases established by this division
10and will provide an opportunity for the state to take a global
11 economic and technological leadership role in reducing emissions
12of greenhouse gases.

begin insert

13(f) Having made significant strides between 2006 and 2014 in
14reducing greenhouse gas emissions, California continues to
15demonstrate and exercise national and global leadership by
16establishing a statewide greenhouse gas emissions limit for 2030.

end insert
begin delete

17(f)

end delete

18begin insert(g)end insert It is the intent of the Legislature that the State Air Resources
19Board coordinate with state agencies, as well as consult with the
20environmental justice community, industry sectors, business
21groups, academic institutions, environmental organizations, and
22otherbegin delete stakeholdersend deletebegin insert stakeholders,end insert in implementing this division.

begin delete

23(g)

end delete

24begin insert(h)end insert It is the intent of the Legislature that the State Air Resources
25Board consult with the Public Utilities Commission in the
26development of emissions reduction measures, including limits on
27emissions of greenhouse gases applied to electricity and natural
28gas providers regulated by the Public Utilities Commission in order
29to ensure that electricity and natural gas providers are not required
30to meet duplicative or inconsistent regulatory requirements.

begin delete

31(h)

end delete

32begin insert(i)end insert It is the intent of the Legislature that the State Air Resources
33Board design emissions reduction measures to meet the statewide
34emissions limits for greenhouse gases established pursuant to this
35division in a manner thatbegin insert cleans the environment in ways that are
36affordable for California residents,end insert
minimizes costs and maximizes
37benefits for California’s economy, improves and modernizes
38California’s energy infrastructure and maintains electric system
39reliability, maximizes additional environmental and economic
P4    1co-benefits for California, and complements the state’s efforts to
2improve air quality.

begin delete

3(i)

end delete

4begin insert(j)end insert It is the intent of the Legislature that the Climate Action
5Team established by the Governor to coordinate the efforts set
6forth under Executive Order S-3-05 continue its role in
7coordinating overall climate policy.

8

SEC. 2.  

Section 38551 of the Health and Safety Code is
9amended to read:

10

38551.  

(a) The statewide greenhouse gas emissions limitbegin insert for
112020end insert
shall remain in effect unless otherwise amended or repealed.

12(b) It is the intent of the Legislature that the statewide
13greenhouse gas emissions limitbegin insert for 2020end insert continue in existence and
14be used to maintain and continue reductions in emissions of
15greenhouse gases beyond 2020.

16(c) begin insert(1)end insertbegin insertend insert The state board shall make recommendations to the
17Governor and the Legislature on how to continuebegin insert furtherend insert reductions
18of greenhouse gas emissions beyond 2020.

begin insert

19(2) No later than January 1, 2018, the state board shall
20recommend to the Governor and the Legislature a specific target
21of statewide emissions reductions for 2030 to be accomplished in
22a cost-effective manner consistent with paragraph (1).

end insert
23

SEC. 3.  

Section 38561 of the Health and Safety Code is
24amended to read:

25

38561.  

(a) begin insert(1)end insertbegin insertend insert On or before January 1, 2009, the state board
26shall prepare and approve a scoping plan, as that term is understood
27by the state board, for achieving the maximum technologically
28feasible and cost-effective reductions in greenhouse gas emissions
29from sources or categories of sources of greenhouse gases by 2020
30under this division.begin delete Theend delete

31begin insert(2)end insertbegin insertend insertbegin insertTheend insertbegin insert end insertstate board shall consult with all state agencies with
32jurisdiction over sources of greenhouse gases, including the Public
33Utilities Commission and the State Energy Resources Conservation
34and Development Commission,begin delete onend deletebegin insert in developingend insert all elements of
35its plan that pertain tobegin delete energy relatedend deletebegin insert energy-relatedend insert matters
36including, but not limited to, electrical generation,begin insert energy
37efficiency,end insert
load based-standards or requirements, the provision of
38reliable and affordable electrical service, petroleum refining,begin insert the
39facilitation of the electrification of the transportation sector,end insert
and
40statewide fuel supplies to ensure the greenhouse gas emissions
P5    1reduction activities to be adopted and implemented by the state
2board are complementary, nonduplicative, and can be implemented
3in an efficient and cost-effective manner.

4(b) The plan shall identify and make recommendations on direct
5begin delete emissionend deletebegin insert emissionsend insert reduction measures, alternative compliance
6mechanisms, market-based compliance mechanisms, and potential
7monetary and nonmonetary incentives for sources and categories
8of sources that the state board finds are necessary or desirable to
9facilitate the achievement of the maximum feasible and
10cost-effective reductions of greenhouse gas emissions by 2020.

11(c) In making the determinations required by subdivision (b),
12the state board shall consider all relevant information pertaining
13to greenhouse gas emissions reduction programs in other states,
14localities, and nations, including the northeastern states of the
15United States, Canada, and the European Union.

16(d) The state board shall evaluate the total potential costs and
17total potential economic and noneconomic benefits of the plan for
18reducing greenhouse gases to California’s economy, environment,
19and public health, using the best available economic models,
20emission estimation techniques, and other scientific methods.

21(e) In developing its plan, the state board shall take into account
22the relative contribution of each source or source category to
23statewide greenhouse gas emissions, and the potential for adverse
24effects on small businesses, and shall recommend a de minimis
25threshold of greenhouse gas emissions below whichbegin delete emissionend delete
26begin insert emissionsend insert reduction requirements will not apply.

27(f) In developing its plan, the state board shall identify
28opportunities forbegin delete emission reductionsend deletebegin insert emissions reductionend insert measures
29from all verifiable and enforceable voluntary actions, including,
30but not limited to, carbon sequestration projects and best
31management practices.

32(g) The state board shall conduct a series of public workshops
33to give interested parties an opportunity to comment on the plan.
34The state board shall conduct a portion of these workshops in
35regions of the state that have the most significant exposure to air
36pollutants, including, but not limited to, communities with minority
37populations, communities with low-income populations, or both.

P6    1(h) The state board shall update its plan for achieving the
2maximum technologically feasible and cost-effective reductions
3of greenhouse gas emissions at least once every five years.



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