Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1192

Introduced by Assembly Member Quirk

February 27, 2015

begin delete An act to amend Section 25401.9 of the Public Resources Code, relating to energy and water conservation. end delete begin insert An act to add Section 38568 to the Health and Safety Code, relating to greenhouse gases. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1192, as amended, Quirk. begin delete Landscape irrigation equipment: performance standards and labeling requirements. end delete begin insert California Global Warming Solutions Act of 2006: very low carbon transportation fuels. end insert

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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 to be achieved by 2020 equivalent to the statewide greenhouse gas emissions levels of 1990. The state board additionally is required to adopt rules and regulations in an open public process to achieve the maximum technologically feasible and cost-effective greenhouse gas emissions reductions. Pursuant to the act, the state board has adopted the Low Carbon Fuel Standard regulations.

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This bill would authorize the state board to establish a very low carbon fuel market commitment program that requires wholesalers, producers, importers, or any other entity that provides transportation fuel to a retailer or sells transportation fuel to a consumer to include as part of their transportation fuel sales in the state percentages of very low carbon transportation fuel, as defined, as determined by the state board. These provisions would become inoperative 5 years after the state board notifies the Secretary of State that very low carbon fuel sales have reached 2% of all transportation fuel sales in the state.

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Existing law requires, to the extent that funds are available, the State Energy Resources Conservation and Development Commission, in consultation with the Department of Water Resources, to adopt by regulation, after holding one or more public hearings, performance standards and labeling requirements for landscape irrigation equipment, including, but not limited to, irrigation controllers, moisture sensors, emission devices, and valves, for the purpose of reducing the wasteful, uneconomic, inefficient, or unnecessary consumption of energy or water.

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This bill would make nonsubstantive changes to these landscape irrigation equipment provisions.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

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The Legislature finds and declares all of the
following:

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(a) Low carbon transportation fuels are an important element
of the state’s greenhouse gas reduction policy and increasing the
supply of those fuels will help the state achieve its greenhouse gas
reduction goals.

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(b) Existing incentives for the development of low carbon
transportation fuels, including the Low Carbon Fuel Standard
regulation (Subarticle 7 (commencing with Section 95480) of
Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17
of the California Code of Regulations), the California Global
Warming Solutions Act of 2006 (Division 25.5 (commencing with
Section 38500) of the Health and Safety Code), and Assembly Bill
118 (Chapter 750 of the Statutes of 2007), have not resulted in
sufficient development of low carbon transportation fuels.

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begin insert SEC. 2. end insert   

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begin insert Section 38568 is added to the end insert begin insert Health and Safety Code end insert begin insert ,
to read: end insert

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begin insert 38568. end insert   

(a) For purposes of this section, the following terms
have the following meanings:

(1) “Indirect land use change emission” means the carbon
emissions associated with changes in agricultural activity that
result from the market-mediated effects of using an agricultural
commodity that is a food product as feedstock for the production
of the transportation fuel.

(2) “Very low carbon transportation fuel” means a liquid or
gaseous transportation fuel having no greater than 50 percent of
the carbon intensity of the closest comparable petroleum fuel for
that year, as measured by the methodology in the Low Carbon
Fuel Standard regulation (Subarticle 7 (commencing with Section
95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3
of Title 17 of the California Code of Regulations). The carbon
intensity for the transportation fuel shall include the indirect land
use change emission if an agricultural commodity that is a food
product is used as a feedstock for the production of the
transportation fuel.

(b) The state board may establish a very low carbon fuel market
commitment program that requires a wholesaler, producer,
importer, or any other entity that provides transportation fuel to
a retailer or sells transportation fuel to a consumer to include as
part of its transportation fuel sales in the state percentages of very
low carbon transportation fuel. The percentages of very low carbon
transportation fuel shall be determined by the state board and
measured in energy equivalent units. The state board may require
percentages of very low carbon transportation fuel as low as
one-quarter of 1 percent or as high as 2 percent.

(c) When the state board determines that very low carbon
transportation fuel sales have reached 2 percent of all
transportation fuel sales in the state, the state board shall notify
the Secretary of State and this section shall be inoperative five
years from that notification.

(d) This section does not replace or modify any existing fuel
standards or requirements imposed under the Low Carbon Fuel
Standard regulation (Subarticle 7 (commencing with Section
95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3
of Title 17 of the California Code of Regulations).

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begin delete

SECTION 1.  

Section 25401.9 of the Public Resources Code
is amended to read:

25401.9.  

(a) To the extent that funds are available, the
commission, in consultation with the Department of Water
Resources, shall adopt by regulation, after holding one or more
public hearings, performance standards and labeling requirements
for landscape irrigation equipment, including, but not limited to,
irrigation controllers, moisture sensors, emission devices, and
valves, for the purpose of reducing the wasteful, uneconomic,
inefficient, or unnecessary consumption of energy or water.

(b) For the purpose of complying with subdivision (a), the
commission shall do both of the following:

(1) Adopt performance standards and labeling requirements for
landscape irrigation controllers and moisture sensors on or before
January 1, 2010.

(2) Consider the Irrigation Association’s Smart Water
Application Technology Program testing protocols when adopting
performance standards for landscape irrigation equipment,
including, but not limited to, irrigation controllers, moisture
sensors, emission devices, and valves.

(c) An irrigation controller or moisture sensor for landscape
irrigation uses shall not be sold or installed in the state unless the
controller or sensor meets the performance standards and labeling
requirements established pursuant to this section.

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