as amended, Pavley. California Global Warming Solutions Act of
begin delete 2006: emissions limit.end delete
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 and to adopt rules and regulations in an open public process to achieve the maximum, technologically feasible, and cost-effective greenhouse gas emissions reductions.
This bill would require the state board to approve statewide greenhouse gas emissions limits that are the equivalent to 40% below the 1990 level to be achieved by 2030 and 80% below the 1990 level to be achieved by 2050, as specified. The bill would authorize the state board to
begin delete adoptend delete an interim greenhouse gas emissions level target to be achieved by 2040. The bill also would state the intent of the Legislature for the Legislature and appropriate agencies to adopt complementary policies that ensure the long-term emissions reductions advance specified criteria. begin delete The bill would make conforming changes.end delete
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 38505 of the Health and Safety Code is
27amended to read:
For purposes of this division, the following terms have
29the following meanings:
30(a) “Allowance” means an authorization to emit, during a
31specified year, up to one ton of carbon dioxide equivalent.
32(b) “Alternative compliance mechanism” means an action
33undertaken by a greenhouse gas emission source that achieves the
34equivalent reduction of greenhouse gas emissions over the same
35time period as a direct emission reduction, and that is approved
36by the state board. “Alternative compliance mechanism” includes,
37but is not limited to, a flexible compliance schedule, alternative
38control technology, a process change, or a product substitution.
39(c) “Carbon dioxide equivalent” means the amount of carbon
40dioxide by weight that would produce the same global warming
P5 1impact as a given weight of another greenhouse gas, based on the
2best available science, including from the Intergovernmental Panel
3on Climate Change.
4(d) “Cost-effective” or “cost-effectiveness” means the cost per
5unit of reduced emissions of greenhouse gases adjusted for its
6global warming potential.
7(e) “Direct emission reduction” means a greenhouse gas
8emission reduction action made by a greenhouse gas emission
9source at that source.
10(f) “Emissions reduction measure” means programs, measures,
11standards, and alternative compliance mechanisms authorized
12pursuant to this division, applicable to sources or categories of
13 sources, that are designed to reduce emissions of greenhouse gases.
14(g) “Greenhouse gas” or “greenhouse gases” includes all of the
16(1) Carbon dioxide.
18(3) Nitrous oxide.
21(6) Sulfur hexafluoride.
22(7) Nitrogen trifluoride.
23(h) “Greenhouse gas emissions limit” means an
24during a specified year, to emit up to a level of greenhouse gases
25specified by the state board, expressed in tons of carbon dioxide
27(i) “Greenhouse gas emission source” or “source” means any
28source, or category of sources, of greenhouse gas emissions whose
29emissions are at a level of significance, as determined by the state
30board, that its participation in the program established under this
31division will enable the state board to effectively reduce greenhouse
32gas emissions and monitor compliance with the statewide
33greenhouse gas emissions limit.
34(j) “Leakage” means a reduction in emissions of greenhouse
35gases within the state that is offset by an increase in emissions of
36greenhouse gases outside the state.
37(k) “Market-based compliance mechanism” means either of the
P6 1(1) A system of market-based declining annual aggregate
2emissions limitations for sources or categories of sources that emit
4(2) Greenhouse gas emissions exchanges, banking, credits, and
5other transactions, governed by rules and protocols established by
6the state board, that result in the same greenhouse gas emission
7reduction, over the same time period, as direct compliance with a
8greenhouse gas emission limit or emissions reduction measure
9adopted by the state board pursuant to this division.
10(l) “State board” means the State Air Resources Board.
11(m) “Statewide greenhouse gas emissions” means the total
12annual emissions of greenhouse gases in the state, including all
13emissions of greenhouse gases from the generation of electricity
14delivered to and consumed in California, accounting for
15transmission and distribution line losses, whether the electricity
16is generated in state or imported. Statewide emissions shall be
17expressed in tons of carbon dioxide equivalents.
18(n) “Statewide greenhouse gas emissions limit” or “statewide
19emissions limit” means the maximum allowable level of statewide
20greenhouse gas emissions, as determined by the state board
21pursuant to Part 3 (commencing with Section 38550).
Section 38550 of the Health and Safety Code is
24amended to read:
(a) By January 1, 2008, the state board shall, after one
26or more public workshops, with public notice, and an opportunity
27for all interested parties to comment, determine what the statewide
28greenhouse gas emissions level was in 1990, and approve in a
29public hearing, a statewide greenhouse gas emissions limit that is
30equivalent to that level, to be achieved by 2020. In order to ensure
31the most accurate determination feasible, the state board shall
32evaluate the best available scientific, technological, and economic
33information on greenhouse gas emissions to determine the 1990
34 level of greenhouse gas emissions.
35(b) (1) (A) Notwithstanding subdivision (a), the state board
36shall approve in a public hearing, based on the best available
37scientific, technological, and economic assessments, all of the
P7 1(i) A statewide greenhouse gas emissions limit that is equivalent
2to 40 percent below the 1990 level, as determined pursuant to
3subdivision (a) or Section 39730, to be achieved by 2030.
4(ii) A statewide greenhouse gas emissions limit that is equivalent
5to 80 percent below the 1990 level, as determined pursuant to
6subdivision (a) or Section 39730, to be achieved by 2050.
7(B) For the purposes of this paragraph, a greenhouse gas
8emissions limit shall include short-lived climate pollutants, as
9defined in Chapter 4.2 (commencing with Section 39730) of Part
102 of Division 26.
11(2) The state board also may approve an interim greenhouse
12gas emissions level target to be achieved by 2040 consistent with
Section 38551 of the Health and Safety Code is
20amended to read:
(a) Each of the statewide greenhouse gas emissions
22limits shall remain in effect unless otherwise amended or repealed.
23(b) It is the intent of the Legislature that the statewide
24greenhouse gas emissions limits established pursuant to Section
2538550 continue in existence and be used to maintain and continue
26reductions in emissions of greenhouse gases.
27(c) The state board shall make recommendations to the Governor
28and the Legislature on how to continue reductions of greenhouse
29gas emissions beyond 2050.
implementing subdivision (b) of Section 38550, it is the
31intent of the Legislature for the Legislature and appropriate
32agencies to adopt complementary policies that ensure the long-term
33emissions reductions adopted pursuant to subdivision (b) of Section
3438550 advance all of the following:
35(1) Job growth and local economic benefits in California.
36(2) Public health benefits for California residents, particularly
37in disadvantaged communities.
38(3) Innovation in technology and energy, water, and resource
P8 1(4) Regional and international collaboration to adopt similar
2greenhouse gas emissions reduction policies.
Section 38561 of the Health and Safety Code is
5amended to read:
(a) (1) On or before January 1, 2009, the state board
7 shall prepare and approve a scoping plan, as that term is understood
8by the state board, for achieving the maximum technologically
9feasible and cost-effective reductions in greenhouse gas emissions
10from sources or categories of sources of greenhouse gases under
12(2) The state board shall consult with all state agencies with
13jurisdiction over sources of greenhouse gases, including the Public
14Utilities Commission and the State Energy Resources Conservation
15and Development Commission, on all elements of its plan that
16pertain to energy-related matters including, but not limited to,
begin delete load based-standardsend delete
18 or requirements, the provision of reliable and affordable electrical
19service, petroleum refining, and statewide fuel supplies to ensure
20the greenhouse gas emissions reduction activities to be adopted
21and implemented by the state board are complementary,
22nonduplicative, and can be implemented in an efficient and
24(b) The plan shall identify and make recommendations on direct
25 emissions reduction measures, alternative compliance mechanisms,
26market-based compliance mechanisms, and potential monetary
27and nonmonetary incentives for sources and categories of sources
28that the state board finds are necessary or desirable to facilitate
29the achievement of the maximum feasible and cost-effective
30reductions of greenhouse gas emissions under this division.
31(c) In making the determinations required by subdivision (b),
32the state board shall consider all relevant information pertaining
33to greenhouse gas emissions reduction programs in other states,
34localities, and nations, including the northeastern states of the
35United States, Canada, and the European Union.
36(d) The state board shall evaluate the total potential costs and
37total potential economic and noneconomic benefits of the plan for
38reducing greenhouse gases to California’s economy, environment,
39and public health, using the best available economic models,
40emission estimation techniques, and other scientific methods.
P9 1(e) In developing its plan, the state board shall take into account
2the relative contribution of each source or source category to
3statewide greenhouse gas emissions, and the potential for adverse
4effects on small businesses, and shall recommend a de minimis
5threshold of greenhouse gas emissions below which emissions
6reduction requirements will not apply.
7(f) In developing its plan, the state board shall identify
8opportunities for emissions reduction measures from all verifiable
9and enforceable voluntary actions, including, but not limited to,
10carbon sequestration projects and best management practices.
11(g) The state board shall conduct a series of public workshops
12to give interested parties an opportunity to comment on the plan.
13The state board shall conduct a portion of these workshops in
14regions of the state that have the most significant exposure to air
15pollutants, including, but not limited to, communities with minority
16 populations, communities with low-income populations, or both.
17(h) The state board shall update its plan for achieving the
18maximum technologically feasible and cost-effective reductions
19of greenhouse gas emissions at least once every five
begin delete years.end delete