BILL NUMBER: AB 197	CHAPTERED
	BILL TEXT

	CHAPTER  250
	FILED WITH SECRETARY OF STATE  SEPTEMBER 8, 2016
	APPROVED BY GOVERNOR  SEPTEMBER 8, 2016
	PASSED THE SENATE  AUGUST 22, 2016
	PASSED THE ASSEMBLY  AUGUST 24, 2016
	AMENDED IN SENATE  AUGUST 19, 2016
	AMENDED IN SENATE  AUGUST 2, 2016
	AMENDED IN SENATE  JUNE 8, 2016
	AMENDED IN ASSEMBLY  APRIL 29, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Eduardo Garcia
   (Principal coauthor: Assembly Member Gomez)
   (Coauthor: Assembly Member Rendon)

                        JANUARY 28, 2015

   An act to add Article 7.6 (commencing with Section 9147.10) to
Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government
Code, and to amend Sections 39510 and 39607 of, and to add Sections
38506, 38531, 38562.5, and 38562.7 to, the Health and Safety Code,
relating to air resources.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 197, Eduardo Garcia. State Air Resources Board: greenhouse
gases: regulations.
   (1) Existing law establishes the State Air Resources Board
consisting of 14 members and vests the state board with regulatory
jurisdiction over air quality issues.
   This bill would add 2 Members of the Legislature to the state
board as ex officio, nonvoting members. The bill would provide that
the voting members of the state board are appointed for staggered
6-year terms and upon expiration of the term of office of a voting
member, the appointing authority may reappoint that member to a new
term of office, subject to specified requirements. The bill would
require the state board to establish the initial staggered terms. The
bill would create the Joint Legislative Committee on Climate Change
Policies consisting of at least 3 Members of the Senate and at least
3 Members of the Assembly and would require the committee to
ascertain facts and make recommendations to the Legislature and to
the houses of the Legislature concerning the state's programs,
policies, and investments related to climate change, as specified.
   (2) Existing law requires the state board to inventory sources of
air pollution within the air basins of the state and determine the
kinds and quantity of air pollutants. The California Global Warming
Solutions Act of 2006 requires the State Air Resources Board to adopt
regulations to require the reporting and verification of statewide
greenhouse gas emissions and to monitor and enforce compliance with
the act.
   This bill would require the state board to make available, and
update at least annually, on its Internet Web site the emissions of
greenhouse gases, criteria pollutants, and toxic air contaminants for
each facility that reports to the state board and air districts. The
bill would require the state board, at least once a year at a
hearing of the Joint Legislative Committee on Climate Change
Policies, to present an informational report on the reported
emissions of greenhouse gases, criteria pollutants, and toxic air
contaminants from all sectors covered by the scoping plan, as
specified.
   This bill would require the state board to make available, and
update at least annually, on its Internet Web site the emissions of
greenhouse gases, criteria pollutants, and toxic air contaminants
throughout the state broken down to a local and subcounty level for
stationary sources and to at least a county level for mobile sources,
as specified.
   (3) The act requires the board to approve a statewide greenhouse
gas emissions limit equivalent to the statewide greenhouse gas
emissions level in 1990 to be achieved by 2020. The act 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, when adopting rules and
regulations to achieve greenhouse gas emissions reductions beyond the
statewide greenhouse gas emissions limit and to protect the state's
most impacted and disadvantaged communities, to follow specified
requirements, consider the social costs of the emissions of
greenhouse gases, and prioritize specified emission reduction rules
and regulations.
   This bill would require the state board, when updating the scoping
plan, to identify specified information for each emissions reduction
measure, including each alternative compliance mechanism,
market-based compliance mechanism, and potential monetary and
nonmonetary incentive.
   (4) This bill would become operative only if SB 32 of the 2015-16
Regular Session is enacted and becomes effective on or before January
1, 2017.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) The California Global Warming Solutions Act of 2006 (Division
25.5 (commencing with Section 38500) of the Health and Safety Code)
authorizes the State Air Resources Board to adopt regulations to
achieve the maximum technologically feasible and cost-effective
greenhouse gas emission reductions.
   (b) The California Global Warming Solutions Act of 2006 (Division
25.5 (commencing with Section 38500) of the Health and Safety Code)
requires the State Air Resources Board to reduce statewide emissions
of greenhouse gases to at least the 1990 emissions level by 2020 and
to maintain and continue reductions thereafter.
   (c) Continuing to reduce greenhouse gas emissions is critical for
the protection of all areas of the state, but especially for the
state's most disadvantaged communities, as those communities are
affected first, and most frequently, by adverse impacts of climate
change, including increased frequency of extreme weather events such
as drought, heat, and flooding. The state's most disadvantaged
communities are also disproportionately impacted by the deleterious
effects of climate change on public health.
   (d) The State Air Resources Board's actions to reduce greenhouse
gas emissions must be done in a manner that is transparent and
accountable to the public and the Legislature. To this end, the State
Air Resources Board must enhance the accessibility of information
used to inform and evaluate regulatory measures developed to reduce
greenhouse gas emissions.
   (e) Transparency and accountability also are essential to ensuring
the state's actions are done in an equitable fashion that is
protective and mindful of the effects on the state's most
disadvantaged communities.
   (f) In recognition of the need for ongoing, permanent oversight
over the implementation of the state's climate policies, the Joint
Legislative Committee on Climate Change Policies will be established.
The committee will uniquely provide an oversight perspective that
connects the jurisdictions of several legislative standing
committees, including those that have the issues of air quality,
transportation, energy, and local government within their
jurisdiction, which is critical given that the state has integrated
climate change policies throughout the activities of many state
agencies in addition to the State Air Resources Board.
  SEC. 2.  Article 7.6 (commencing with Section 9147.10) is added to
Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government
Code, to read:

      Article 7.6.  Joint Legislative Committee on Climate Change
Policies


   9147.10.  (a) The Joint Legislative Committee on Climate Change
Policies is hereby created. The committee shall ascertain facts and
make recommendations to the Legislature concerning the state's
programs, policies, and investments related to climate change. Those
recommendations shall be shared with other appropriate legislative
standing committees, including the Assembly Committee on Budget and
the Senate Committee on Budget and Fiscal Review.
   (b) The joint committee shall consist of at least three Members of
the Senate and at least three Members of the Assembly who shall be
selected in the manner provided for in the Joint Rules of the Senate
and Assembly. The membership shall reflect the perspectives of
multiple standing committees.
   (c) The chair of the State Air Resources Board shall annually
appear before the joint committee to present the state board's annual
informational report on the reported emissions of greenhouse gases,
criteria pollutants, and toxic air contaminants from all sectors
covered by the scoping plan, as required pursuant to subdivision (b)
of Section 38531 of the Health and Safety Code. This presentation may
be done at a hearing that is held jointly with the relevant Assembly
and Senate standing committees.
   (d) In recognition of the technical complexity involved in
reviewing the state's climate policies, the joint committee may
establish a panel of experts to provide an independent analysis of
the state's policies to better inform the joint committee's
recommendations.
  SEC. 3.  Section 38506 is added to the Health and Safety Code, to
read:
   38506.  For purposes of this division, "social costs" means an
estimate of the economic damages, including, but not limited to,
changes in net agricultural productivity; impacts to public health;
climate adaptation impacts, such as property damages from increased
flood risk; and changes in energy system costs, per metric ton of
greenhouse gas emission per year.
  SEC. 4.  Section 38531 is added to the Health and Safety Code, to
read:
   38531.  (a) (1) The state board shall make available, and update
at least annually, on its Internet Web site the emissions of
greenhouse gases and criteria pollutants for each facility that
reports to the state board pursuant to Section 38530. The data shall
be displayed in a manner that illustrates the changes in emissions
levels over time.
   (2) No later than January 1, 2018, the state board shall add toxic
air contaminant emissions to the information made available pursuant
to paragraph (1).
   (3) The criteria pollutant and toxic air contaminant emissions
data for stationary sources shall be based on data provided to the
state board by air pollution control and air quality management
districts collected pursuant to Section 39607 and Chapter 3
(commencing with Section 44340) of Part 6 of Division 26.
   (b) At least once a year at a hearing of the Joint Legislative
Committee on Climate Change Policies, the state board shall present
an informational report on the reported emissions of greenhouse
gases, criteria pollutants, and toxic air contaminants from all
sectors covered by the scoping plan prepared pursuant to Section
38561. The report shall evaluate emission trends and include a
discussion of the regulatory requirements, initiatives, and other
programs that may influence those trends. The report also may include
recommendations from the state board for legislative action and
consideration.
  SEC. 5.  Section 38562.5 is added to the Health and Safety Code, to
read:
   38562.5.  When adopting rules and regulations pursuant to this
division to achieve emissions reductions beyond the statewide
greenhouse gas emissions limit and to protect the state's most
impacted and disadvantaged communities, the state board shall follow
the requirements in subdivision (b) of Section 38562, consider the
social costs of the emissions of greenhouse gases, and prioritize
both of the following:
   (a) Emission reduction rules and regulations that result in direct
emission reductions at large stationary sources of greenhouse gas
emissions sources and direct emission reductions from mobile sources.

   (b) Emission reduction rules and regulations that result in direct
emission reductions from sources other than those specified in
subdivision (a).
  SEC. 6.  Section 38562.7 is added to the Health and Safety Code, to
read:
   38562.7.  Each scoping plan update developed pursuant to Section
38561 shall identify for each emissions reduction measure, including
each alternative compliance mechanism, market-based compliance
mechanism, and potential monetary and nonmonetary incentive the
following information:
   (a) The range of projected greenhouse gas emissions reductions
that result from the measure.
   (b) The range of projected air pollution reductions that result
from the measure.
   (c) The cost-effectiveness, including avoided social costs, of the
measure.
  SEC. 7.  Section 39510 of the Health and Safety Code is amended to
read:
   39510.  (a) The State Air Resources Board is continued in
existence in the California Environmental Protection Agency. The
state board shall consist of 14 voting members.
   (b) Twelve members shall be appointed by the Governor, with the
consent of the Senate, on the basis of their demonstrated interest
and proven ability in the field of air pollution control and their
understanding of the needs of the general public in connection with
air pollution problems.
   (c) Of the members appointed pursuant to subdivision (b), six
members shall have the following qualifications:
   (1) One member shall have training and experience in automotive
engineering or closely related fields.
   (2) One member shall have training and experience in chemistry,
meteorology, or related scientific fields, including agriculture or
law.
   (3) One member shall be a physician and surgeon or an authority on
health effects of air pollution.
   (4) Two members shall be public members.
   (5) One member shall have the qualifications specified in
paragraph (1), (2), or (3) or shall have experience in the field of
air pollution control.
   (d) Of the members appointed pursuant to subdivision (b), six
members shall be board members from districts who shall reflect the
qualitative requirements of subdivision (c) to the extent
practicable. Of these members:
   (1) One shall be a board member from the south coast district.
   (2) One shall be a board member from the bay district.
   (3) One shall be a board member from the San Joaquin Valley
Unified Air Pollution Control District.
   (4) One shall be a board member from the San Diego County Air
Pollution Control District.
   (5) One shall be a board member from the Sacramento district, the
Placer County Air Pollution Control District, the Yolo-Solano Air
Quality Management District, the Feather River Air Quality Management
District, or the El Dorado County Air Pollution Control District.
   (6) One shall be a board member of any other district.
   (e) The Senate Committee on Rules and the Speaker of the Assembly
shall each appoint one member to the state board who shall be a
person who works directly with communities in the state that are most
significantly burdened by, and vulnerable to, high levels of
pollution, including, but not limited to, communities with diverse
racial and ethnic populations and communities with low-income
populations.
   (f) Any vacancy shall be filled by the appointing authority within
30 days of the date on which it occurs. If the Governor fails to
make an appointment for any vacancy within the 30-day period, the
Senate Committee on Rules may make the appointment to fill the
vacancy in accordance with this section.
   (g) While serving on the state board, all members shall exercise
their independent judgment as officers of the state on behalf of the
interests of the entire state in furthering the purposes of this
division. A member of the state board shall not be precluded from
voting or otherwise acting upon any matter solely because that member
has voted or acted upon the matter in his or her capacity as a
member of a district board, except that a member of the state board
who is also a member of a district board shall not participate in any
action regarding his or her district taken by the state board
pursuant to Sections 41503 to 41505, inclusive.
   (h) (1) Except for initial staggered terms that shall be
established by the state board, the term of office for the voting
members shall be six years. Upon expiration of the term of office of
a voting member, the appointing authority may reappoint that member
to a new term of office, subject to the requirement of subdivision
(b), if applicable.
   (2) Notwithstanding paragraph (1), a person who is a member of the
state board pursuant to subdivision (d) shall not continue as a
member if he or she ceases to hold the membership that qualifies that
person to be appointed as a member of the state board. The
membership on the state board held by that person shall terminate
immediately upon ceasing to hold that qualifying membership.
   (i) In addition to subdivision (a), two Members of the Legislature
shall serve as ex officio, nonvoting members of the state board. One
member shall be appointed by the Senate Committee on Rules. One
member shall be appointed by the Speaker of the Assembly.
  SEC. 8.  Section 39607 of the Health and Safety Code is amended to
read:
   39607.  The state board shall:
   (a) Establish a program to secure data on air quality in each air
basin established by the state board.
   (b) (1) Inventory sources of air pollution within the air basins
of the state and determine the kinds and quantity of air pollutants,
including, but not limited to, the contribution of natural sources,
mobile sources, and area sources of emissions, including a separate
identification of those sources not subject to district permit
requirements, to the extent feasible and necessary to carry out the
purposes of this chapter. The state board shall use, to the fullest
extent, the data of local agencies and other state and federal
agencies in fulfilling this purpose.
   (2) Make available on the state board's Internet Web site the
emissions of greenhouse gases, criteria pollutants, and toxic air
contaminants throughout the state broken down to a local and
subcounty level for stationary sources and to at least a county level
for mobile sources. The emissions reported shall include data on the
emissions of criteria pollutants and toxic air contaminants emitted
by stationary sources as provided to the state board by districts.
The information shall be displayed graphically and updated at least
once a year.
   (c) Monitor air pollutants in cooperation with districts and with
other agencies to fulfill the purpose of this division.
   (d) Adopt test procedures to measure compliance with its
nonvehicular emission standards and those of districts.
   (e) Establish and periodically review criteria for designating an
air basin attainment or nonattainment for any state ambient air
quality standard set forth in Section 70200 of Title 17 of the
California Code of Regulations. In developing and reviewing these
criteria, the state board shall consider instances where there is
poor or limited ambient air quality data, and shall consider highly
irregular or infrequent violations. The state board shall provide an
opportunity for public comment on the proposed criteria, and shall
adopt the criteria after a public hearing.
   (f) Evaluate, in consultation with the districts and other
interested parties, air quality-related indicators that may be used
to measure or estimate progress in the attainment of state standards
and establish a list of approved indicators. On or before July 1,
1993, the state board shall identify one or more air quality
indicators to be used by districts in assessing progress as required
by subdivision (b) of Section 40924. The state board shall continue
to evaluate the prospective application of air quality indicators
and, upon a finding that adequate air quality modeling capability
exists, shall identify one or more indicators that may be used by
districts in lieu of the annual emission reductions mandated by
subdivision (a) of Section 40914. In no case shall any indicator be
less stringent or less protective, on the basis of overall health
protection, than the annual emission reduction requirement in
subdivision (a) of Section 40914.
   (g) Establish, not later than July 1, 1996, a uniform methodology
that may be used by districts in assessing population exposure,
including, but not limited to, reduction in exposure of districtwide
subpopulations, such as children, the elderly, and persons with
respiratory disease, to ambient air pollutants at levels above the
state ambient air quality standards, for estimating reductions in
population exposure for the purposes of Sections 40913, 40924, and
41503, and for the establishment of the means by which reductions in
population exposures may be achieved. The methodology adopted
pursuant to this subdivision shall be consistent with the federal
Clean Air Act (42 U.S.C. Sec. 7401 et seq.), and with this division,
including, but not limited to, Section 39610.
  SEC. 9.  This act shall become operative only if Senate Bill 32 of
the 2015-16 Regular Session is enacted and becomes effective on or
before January 1, 2017.