BILL NUMBER: AB 1192 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Quirk
FEBRUARY 27, 2015
An act to amend Section 25401.9 of the Public Resources
Code, relating to energy and water conservation. An
act to add Section 38568 to the Health and Safety Code, relating to
greenhouse gases.
LEGISLATIVE COUNSEL'S DIGEST
AB 1192, as amended, Quirk. Landscape irrigation
equipment: performance standards and labeling requirements.
California Global Warming Solutions Act of 2006: very low
carbon transportation fuels.
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.
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.
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.
This bill would make nonsubstantive changes to these landscape
irrigation equipment provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(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.
(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.
SEC. 2. Section 38568 is added to the
Health and Safety Code , to read:
38568. (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).
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.