BILL ANALYSIS Ó
AB 239
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Date of Hearing: March 23, 2015
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Das Williams, Chair
AB 239
(Gallagher) - As Introduced February 5, 2015
SUBJECT: Greenhouse gases: regulations
SUMMARY: Prohibits the Air Resources Board (ARB) from adopting
or amending a regulation pursuant to the California Global
Warming Solutions Act (AB 32).
EXISTING LAW: AB 32 requires ARB to adopt a statewide
greenhouse gas (GHG) emissions limit equivalent to 1990 levels
by 2020 and to adopt rules and regulations to achieve maximum
technologically feasible and cost-effective GHG emission
reductions.
THIS BILL: Prohibits ARB from adopting or amending a regulation
pursuant to AB 32. Authorizes ARB to submit recommendations to
the Legislature on how to achieve the goals of AB 32. Provides
that the bill does not affect the validity of regulations
adopted before January 1, 2016.
FISCAL EFFECT: Unknown
COMMENTS:
AB 239
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1)Background. ARB has adopted several major regulations
pursuant to AB 32, including the cap-and-trade program and the
low carbon fuel standard. Once adopted, regulations are
periodically reviewed and commonly amended. Regulations and
programs adopted pursuant to laws other than AB 32 are also
contributing significantly to AB 32's GHG reduction goals,
including Advanced Clean Cars (GHG standards for passenger
vehicles) and the Renewables Portfolio Standard. Like other
state agencies, ARB is subject to policy and fiscal oversight
by the Legislature. The AB 32 program and particular
regulations are often the subject of legislation.
According to ARB, a total reduction of 80 million metric tons
(MMT), or 16% compared to business as usual, is necessary to
achieve AB 32's 2020 statewide limit. Approximately 78% of
the reductions will be achieved through identified direct
regulations. ARB proposes to achieve the balance of
reductions necessary to meet the 2020 limit (approximately 18
MMT) through the cap-and-trade regulation.
2)Time out? This bill proposes to end ARB's authority to adopt
new regulations, as well as amend existing regulations, under
AB 32. Aside from the obvious consequence of generally
frustrating the progression of the AB 32 program, another
effect would be to prevent refining and improving existing
regulations. Paradoxically, amendments to existing
regulations are often taken up by ARB at the request of
regulated entities seeking to ease their compliance.
REGISTERED SUPPORT / OPPOSITION:
AB 239
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Support
None on file
Opposition
None on file
Analysis Prepared by:Lawrence Lingbloom / NAT. RES. / (916)
319-2092