Amended in Senate September 10, 2015

Amended in Senate September 4, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1288

Introduced by Assembly Member Atkins

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(Principal coauthor: Senator Pavley)

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February 27, 2015

An act to amend Section begin delete 38562 end delete begin insert 39510 end insert of the Health and Safety Code, relating to begin delete greenhouse gases. end delete begin insert air resources. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1288, as amended, Atkins. begin delete California Global Warming Solutions Act of 2006: regulations. end delete begin insert Air resources. end insert

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Existing law establishes the State Air Resources Board, consisting of 12 members appointed by the Governor and confirmed by the Senate. Existing law requires the State Air Resources Board to take certain actions regarding air pollution.

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This bill would increase the membership of the state board to 14, with the Senate Committee on Rules and the Speaker of the Assembly each appointing one member, as provided.

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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.

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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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee: yes. 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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begin insert Section 39510 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

39510.  

(a) The State Air Resources Board is continued in
existence in the California Environmental Protection Agency. The
state board shall consist of begin delete 12 end delete begin insert 14 end insert members.

(b)  begin delete The end delete begin insert Twelve end insert 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)  begin delete Six end delete begin insert Of the members appointed pursuant to subdivision (b),
six end insert 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)  begin delete Six end delete begin insert Of the members appointed pursuant to subdivision (b),
six end insert 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.

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(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.

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(e)

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begin insert (f) end insert  Any vacancy shall be filled by the begin delete Governor end delete begin insert appointing
authority end insert 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.

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(f)

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begin insert (g) end insert  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.

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SECTION 1.  

It is the intent of the Legislature to ensure that
disadvantaged communities, identified pursuant to Section 39711
of the Health and Safety Code, continue to receive moneys from
market-based compliance mechanisms that may be adopted by the
State Air Resources Board beyond the year 2020, pursuant to
Section 39713 of the Health and Safety Code.

SEC. 2.  

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 emissions limits and emissions 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, the state board may 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 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 emissions 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
emissions reduction otherwise required by law or regulation, and
any other greenhouse gas emissions reduction that otherwise would
occur.

(3) If applicable, the greenhouse gas emissions 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) The state board may revise regulations adopted pursuant to
this section and adopt additional regulations to further the
provisions of this division.

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