Amended in Assembly May 5, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 21


Introduced by Assembly Member Perea

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(Coauthor: Assembly Member Daly)

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December 1, 2014


An act to amend Sectionsbegin delete 38501, 38551,end deletebegin insert 38501end insert and 38561 of the Health and Safety Code, relating to greenhouse gases.

LEGISLATIVE COUNSEL’S DIGEST

AB 21, as amended, Perea. California Global Warming Solutions Act of 2006:begin delete emissions limit:end delete 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.begin delete 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.end delete

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.

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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.

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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 gas emissions standards for passenger
25vehicles. The program established by this division will continue
26this tradition of environmental leadership by placing California at
27the forefront of national and international efforts to reduce
28emissions of greenhouse gases.

29(d) National and international actions are necessary to fully
30address the issue of global warming. However, action taken by
P3    1California to reduce emissions of greenhouse gases will have
2far-reaching effects by encouraging other states, the federal
3government, and other countries to act.

4(e) By exercising a global leadership role, California will also
5position its economy, technology centers, financial institutions,
6and businesses to benefit from national and international efforts
7to reduce emissions of greenhouse gases. More importantly,
8investing in the development of innovative and pioneering
9technologies will assist California in achieving the 2020 statewide
10limit on emissions of greenhouse gases established by this division
11and will provide an opportunity for the state to take a global
12 economic and technological leadership role in reducing emissions
13of greenhouse gases.

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14(f) Having made significant strides between 2006 and 2014 in
15reducing greenhouse gas emissions, California continues to
16demonstrate and exercise national and global leadership by
17establishing a statewide greenhouse gas emissions limit for 2030.

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18(g)

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19begin insert(f)end insert It is the intent of the Legislature that the State Air Resources
20Board coordinate with state agencies, as well as consult with the
21environmental justice community, industry sectors, business
22groups, academic institutions, environmental organizations, and
23other stakeholders, in implementing this division.

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24(h)

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25begin insert(g)end insert It is the intent of the Legislature that the State Air Resources
26Board consult with the Public Utilities Commission in the
27development of emissions reduction measures, including limits on
28emissions of greenhouse gases applied to electricity and natural
29gas providers regulated by the Public Utilities Commission in order
30to ensure that electricity and natural gas providers are not required
31to meet duplicative or inconsistent regulatory requirements.

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32(i)

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33begin insert(h)end insert It is the intent of the Legislature that the State Air Resources
34Board design emissions reduction measures to meet the statewide
35emissions limits for greenhouse gases established pursuant to this
36division in a manner that cleans the environment in ways that are
37begin delete affordableend deletebegin insert cost effectiveend insert for California residents, minimizes costs
38and maximizes benefits for California’s economy, improves and
39modernizes California’s energy infrastructure and maintains electric
40system reliability, maximizes additional environmental and
P4    1economic co-benefits for California, and complements the state’s
2efforts to improve air quality.

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3(j)

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4begin insert(i)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.

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8

SEC. 2.  

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

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38551.  

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

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

16(c) (1) The state board shall make recommendations to the
17Governor and the Legislature on how to continue further reductions
18of greenhouse gas emissions beyond 2020.

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).

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23

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24begin insertSEC. 2.end insert  

Section 38561 of the Health and Safety Code is
25amended to read:

26

38561.  

(a) (1) On or before January 1, 2009, the state board
27shall prepare and approve a scoping plan, as that term is understood
28by the state board, for achieving the maximum technologically
29feasible and cost-effective reductions in greenhouse gas emissions
30from sources or categories of sources of greenhouse gases by 2020
31under this division.

32(2) The state board shall consult with all state agencies with
33jurisdiction over sources of greenhouse gases, including the Public
34Utilities Commission and the State Energy Resources Conservation
35and Development Commission, in developing all elements of its
36plan that pertain to energy-related matters including, but not limited
37to, electrical generation, energy efficiency, load based-standards
38or requirements, the provision of reliable and affordable electrical
39service, petroleum refining, the facilitation of the electrification
40of the transportation sector, and statewide fuel supplies to ensure
P5    1the greenhouse gas emissions reduction activities to be adopted
2and implemented by the state board are complementary,
3nonduplicative, and can be implemented in an efficient and
4cost-effective manner.

5(b) The plan shall identify and make recommendations on direct
6emissions reduction measures, alternative compliance mechanisms,
7market-based compliance mechanisms, and potential monetary
8and nonmonetary incentives for sources and categories of sources
9that the state board finds are necessary or desirable to facilitate
10the achievement of the maximum feasible and cost-effective
11reductions of greenhouse gas emissions by 2020.

12(c) In making the determinations required by subdivision (b),
13the state board shall consider all relevant information pertaining
14to greenhouse gas emissions reduction programs in other states,
15localities, and nations, including the northeastern states of the
16United States, Canada, and the European Union.

17(d) The state board shall evaluate the total potential costs and
18total potential economic and noneconomic benefits of the plan for
19reducing greenhouse gases to California’s economy, environment,
20and public health, using the best available economic models,
21emission estimation techniques, and other scientific methods.

22(e) In developing its plan, the state board shall take into account
23the relative contribution of each source or source category to
24statewide greenhouse gas emissions, and the potential for adverse
25effects on small businesses, and shall recommend a de minimis
26threshold of greenhouse gas emissions below which emissions
27reduction requirements will not apply.

28(f) In developing its plan, the state board shall identify
29opportunities for emissions reduction measures from all verifiable
30and enforceable voluntary actions, including, but not limited to,
31carbon sequestration projects and best management 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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