California Legislature—2015–16 Regular Session

Assembly Bill No. 1288

Introduced by Assembly Member Atkins

February 27, 2015

An act to amend Section 38562 of the Health and Safety Code, relating to greenhouse gases.

LEGISLATIVE COUNSEL’S DIGEST

AB 1288, as introduced, Atkins. California Global Warming Solutions Act of 2006: regulations.

The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020.

The act authorizes the state board to include the use of market-based compliance mechanisms and to adopt a regulation that establishes a system of market-based declining annual aggregate emissions limits for sources or categories of sources that emit greenhouse gases, applicable from January 1, 2012, to December 31, 2020, inclusive, as specified.

This bill would no longer limit the applicability of a regulation that establishes a system of market-based declining annual aggregate emissions limits for sources or categories of sources that emit greenhouse gases from January 1, 2012, to December 31, 2020.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

Section 38562 of the Health and Safety Code is
amended to read:

38562.  

(a) On or before January 1, 2011, the state board shall
adopt greenhouse gas begin delete emission end delete begin insert emissions end insert limits and begin delete emission end delete
begin insert emissions end insert reduction measures by regulation to achieve the
maximum technologically feasible and cost-effective reductions
in greenhouse gas emissions in furtherance of achieving the
statewide greenhouse gas emissions limit, to become operative
beginning on January 1, 2012.

(b) In adopting regulations pursuant to this section and Part 5
(commencing with Section 38570), to the extent feasible and in
furtherance of achieving the statewide greenhouse gas emissions
limit, the state board shall do all of the following:

(1) Design the regulations, including distribution of emissions
allowances where appropriate, in a manner that is equitable, seeks
to minimize costs and maximize the total benefits to California,
and encourages early action to reduce greenhouse gas emissions.

(2) Ensure that activities undertaken to comply with the
regulations do not disproportionately impact low-income
communities.

(3) Ensure that entities that have voluntarily reduced their
greenhouse gas emissions prior to the implementation of this
section receive appropriate credit for early voluntary reductions.

(4) Ensure that activities undertaken pursuant to the regulations
complement, and do not interfere with, efforts to achieve and
maintain federal and state ambient air quality standards and to
reduce toxic air contaminant emissions.

(5) Consider cost-effectiveness of these regulations.

(6) Consider overall societal benefits, including reductions in
other air pollutants, diversification of energy sources, and other
benefits to the economy, environment, and public health.

(7) Minimize the administrative burden of implementing and
complying with these regulations.

(8) Minimize leakage.

(9) Consider the significance of the contribution of each source
or category of sources to statewide emissions of greenhouse gases.

(c) In furtherance of achieving the statewide greenhouse gas
emissions limit, begin delete by January 1, 2011, end delete the state board may adopt a
regulation that establishes a system of market-based declining
annual aggregate begin delete emission end delete begin insert emissions end insert limits for sources or
categories of sources that emit greenhouse begin delete gas emissions,
applicable from January 1, 2012, to December 31, 2020, inclusive, end delete
begin insert gases end insert that the state board determines will achieve the maximum
technologically feasible and cost-effective reductions in greenhouse
gas emissions, in the aggregate, from those sources or categories
of sources.

(d) Any regulation adopted by the state board pursuant to this
part or Part 5 (commencing with Section 38570) shall ensure all
of the following:

(1) The greenhouse gas begin delete emission end delete begin insert emissions end insert reductions achieved
are real, permanent, quantifiable, verifiable, and enforceable by
the state board.

(2) For regulations pursuant to Part 5 (commencing with Section
38570), the reduction is in addition to any greenhouse gas begin delete emission end delete
begin insert emissions end insert reduction otherwise required by law or regulation, and
any other greenhouse gas begin delete emission end delete begin insert emissions end insert reduction that
otherwise would occur.

(3) If applicable, the greenhouse gas begin delete emission end delete begin insert emissions end insert
reduction occurs over the same time period and is equivalent in
amount to any direct emission reduction required pursuant to this
division.

(e) The state board shall rely upon the best available economic
and scientific information and its assessment of existing and
projected technological capabilities when adopting the regulations
required by this section.

(f) The state board shall consult with the Public Utilities
Commission in the development of the regulations as they affect
electricity and natural gas providers in order to minimize
duplicative or inconsistent regulatory requirements.

(g)  begin delete After January 1, 2011, the end delete begin insert The end insert state board may revise
regulations adopted pursuant to this section and adopt additional
regulations to further the provisions of this division.