SB 32, as amended, Pavley. California Global Warming Solutions Act of 2006.
(1) 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 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 approve 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.
(2) The California Global Warming Solutions Act of 2006 requires the State Air Resources Board to prepare and approve a scoping plan for achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions and to update the scoping plan at least once every 5 years.
This bill would prohibit the state board from taking any action to implement the next update of the scoping plan until a draft of, and the final version of, the next update to the scoping plan have been submitted to the Joint Legislative Budget Committee and the appropriate policy committees of the Legislature,
begin delete at least one year and at least
60 days, respectively,end delete before adoption of the updated scoping plan and until the state board has conducted specified evaluations relating to reducing greenhouse gas emissions. The bill would require the Legislature to hold at least one oversight hearing to review that draft and one oversight hearing to review the final version. The bill would require the state board, on or before January 1, 2017, and each year thereafter, to prepare and submit to the Joint Legislative Budget Committee and appropriate policy committees a report relating to achieving the greenhouse gas emissions limits required by the California Global Warming Solutions Act of 2006.
(3) This bill would also make conforming
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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:
Chapter 6 (commencing with Section 12897) is added
8to Part 2.5 of Division 3 of Title 2 of the Government Code, to
(a) The Legislature finds and declares that developing
15regulations and policies by the State Air Resources Board or other
16state agencies for purposes of implementing Division 25.5
17(commencing with Section 38500) of the Health and Safety Code
18should be conducted transparently and in a timely manner to afford
19the Legislature the opportunity to shape and oversee the
20implementation of that division on an ongoing basis.
21(b) The purpose of this
begin delete sectionend delete is to establish new
22legislative oversight and accountability over any regulations and
23policies undertaken to implement Division 25.5 (commencing with
24Section 38500) of the Health and Safety Code.
The State Air Resources Board shall not take any
27action to implement the next update of the scoping plan described
28in Section 38561 of the Health and Safety Code unless all of the
29following have occurred:
30(1) The State Air Resources Board has conducted, with input
31from an independent advisory committee, an evaluation of both
32of the following:
33(A) The current and projected actions other jurisdictions within
34the United States and around the world are taking to reduce
P4 1 greenhouse gas emissions and how those actions compare to and
2complement California’s efforts.
3(B) The cost-effectiveness of the various emissions reduction
4strategies the State Air Resources Board has undertaken to achieve
5the 2020 statewide greenhouse gas emissions limit pursuant to
6Section 38550 of the Health and Safety Code, which
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7 consider the marginal costs of the strategies and associated benefits
8to the health, safety, and welfare of state residents, worker safety,
9quality of life in the state, and the state’s environment.
10(2) A draft of the next update to the scoping plan has been
11submitted to the Joint Legislative Budget Committee and the
12appropriate policy committees of the Legislature
begin delete at least one year .
13before adoption of the updated scoping planend delete
14(3) The final version of the update to the scoping plan has been
15submitted to the Joint Legislative Budget Committee and the
16appropriate policy committees of the Legislature at least 60 days
begin delete adoptionend delete of the updated scoping plan.
Legislature shall hold at least one oversight hearing to
20review the draft of the next update to the scoping plan and at least
21one oversight hearing to review the final version of the update to
22the scoping plan before
begin delete adoption.end delete
24 After holding the oversight hearings required pursuant to
begin delete(d),end delete the Legislature may act to modify, reject, or
26delay some or all of the scoping plan before its
begin delete adoption.end delete
28 On or before January 1, 2017, and each year thereafter, the
29State Air Resources Board shall prepare and submit to the Joint
30Legislative Budget Committee and appropriate policy committees
31a report that contains both of the following:
32(1) A list of regulatory policies that have been adopted
33and implemented by a state agency in furtherance of achieving the
34greenhouse gas emissions limits adopted by the State Air Resources
35Board pursuant to Division 25.5 (commencing with Section 38500)
36of the Health and Safety Code.
37(2) The amounts, sources, and locations of greenhouse gas
38emissions reductions achieved toward the statewide emissions
39limit, as defined in Section 38505 of the Health and Safety Code.
20 The State Air Resources Board may include relevant reports
21required pursuant to Section 12894 within the report required
22pursuant to subdivision
begin delete(f).end delete
Section 38505 of the Health and Safety Code is
39amended to read:
For purposes of this division, the following terms have
2the following meanings:
3(a) “Allowance” means an authorization to emit, during a
4specified year, up to one ton of carbon dioxide equivalent.
5(b) “Alternative compliance mechanism” means an action
6undertaken by a greenhouse gas emission source that achieves the
7equivalent reduction of greenhouse gas emissions over the same
8time period as a direct emission reduction, and that is approved
9by the state board. “Alternative compliance mechanism” includes,
10but is not limited to, a flexible compliance schedule, alternative
11control technology, a process change, or a product substitution.
12(c) “Carbon dioxide
equivalent” means the amount of carbon
13dioxide by weight that would produce the same global warming
14impact as a given weight of another greenhouse gas, based on the
15best available science, including from the Intergovernmental Panel
16on Climate Change.
17(d) “Cost-effective” or “cost-effectiveness” means the cost per
18unit of reduced emissions of greenhouse gases adjusted for its
19global warming potential.
20(e) “Direct emission reduction” means a greenhouse gas
21emission reduction action made by a greenhouse gas emission
22source at that source.
23(f) “Emissions reduction measure” means programs, measures,
24standards, and alternative compliance mechanisms authorized
25pursuant to this division, applicable to sources or categories of
26sources, that are designed to reduce emissions of greenhouse gases.
27(g) “Greenhouse gas” or “greenhouse gases” includes all of the
29(1) Carbon dioxide.
31(3) Nitrous oxide.
34(6) Sulfur hexafluoride.
35(7) Nitrogen trifluoride.
36(h) “Greenhouse gas emissions limit” means an authorization,
37during a specified year, to emit up to a level of greenhouse gases
38specified by the state board, expressed in tons of carbon dioxide
P7 1(i) “Greenhouse gas emission source” or “source” means any
2source, or category of sources, of greenhouse gas emissions whose
3emissions are at a level of significance, as determined by the state
4board, that its participation in the program established under this
5division will enable the state board to effectively reduce greenhouse
6gas emissions and monitor compliance with the statewide
7greenhouse gas emissions limit.
8(j) “Leakage” means a reduction in emissions of greenhouse
9gases within the state that is offset by an increase in emissions of
10greenhouse gases outside the state.
11(k) “Market-based compliance mechanism” means either of the
13(1) A system of market-based declining annual aggregate
14emissions limitations for sources or categories of sources that emit
16(2) Greenhouse gas emissions exchanges, banking, credits, and
17other transactions, governed by rules and protocols established by
18the state board, that result in the same greenhouse gas emission
19reduction, over the same time period, as direct compliance with a
20greenhouse gas emission limit or emissions reduction measure
21adopted by the state board pursuant to this division.
22(l) “State board” means the State Air Resources Board.
23(m) “Statewide greenhouse gas emissions” means the total
24annual emissions of greenhouse gases in the state, including all
25emissions of greenhouse gases from the generation of electricity
26delivered to and consumed in California, accounting for
27transmission and distribution line losses, whether the electricity
28is generated in state or imported. Statewide emissions shall be
29expressed in tons of carbon dioxide equivalents.
30(n) “Statewide greenhouse gas emissions limit” or “statewide
31emissions limit” means the maximum allowable level of statewide
32greenhouse gas emissions, as determined by the state board
33pursuant to Part 3 (commencing with Section 38550).
Section 38550 of the Health and Safety Code is
36amended to read:
(a) By January 1, 2008, the state board shall, after one
38or more public workshops, with public notice, and an opportunity
39for all interested parties to comment, determine what the statewide
40greenhouse gas emissions level was in 1990, and approve in a
P8 1public hearing, a statewide greenhouse gas emissions limit that is
2equivalent to that level, to be achieved by 2020. In order to ensure
3the most accurate determination feasible, the state board shall
4evaluate the best available scientific, technological, and economic
5information on greenhouse gas emissions to determine the 1990
6level of greenhouse gas emissions.
7(b) (1) (A) Notwithstanding subdivision (a), the state board
8shall approve in a public hearing, based on the best available
9scientific, technological, and economic assessments, all of the
11(i) A statewide greenhouse gas emissions limit that is equivalent
12to 40 percent below the 1990 level, as determined pursuant to
13subdivision (a) or Section 39730, to be achieved by 2030.
14(ii) A statewide greenhouse gas emissions limit that is equivalent
15to 80 percent below the 1990 level, as determined pursuant to
16subdivision (a) or Section 39730, to be achieved by 2050.
17(B) For the purposes of this paragraph, a greenhouse gas
18emissions limit shall include short-lived climate pollutants, as
19defined in Chapter 4.2 (commencing with Section 39730) of Part
202 of Division 26.
21(2) The state board also may approve an interim greenhouse
22gas emissions level target to be achieved by 2040 consistent with
24(c) In furtherance of subdivision (b), the state board shall
25consider historic efforts to reduce greenhouse gas emissions and
26objectively seek, and account for, cost-effective actions to reduce
27greenhouse gas emissions across all sectors.
Section 38551 of the Health and Safety Code is
30amended to read:
(a) Each of the statewide greenhouse gas emissions
32limits shall remain in effect unless otherwise amended or repealed.
33(b) It is the intent of the Legislature that the statewide
34greenhouse gas emissions limits established pursuant to Section
3538550 continue in existence and be used to maintain and continue
36reductions in emissions of greenhouse gases.
37(c) The state board shall make recommendations to the Governor
38and the Legislature on how to continue reductions of greenhouse
39gas emissions beyond 2050.
P9 1(d) In implementing subdivision (b) of Section 38550, it is the
2intent of the Legislature for the Legislature and appropriate
3agencies to adopt complementary policies that ensure the long-term
4emissions reductions adopted pursuant to subdivision (b) of Section
538550 advance all of the following:
6(1) Job growth and local economic benefits in California.
7(2) Public health benefits for California residents, particularly
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10(3) Innovation in technology and energy, water, and resource
12(4) Regional and international collaboration to
13greenhouse gas emissions reduction policies.
Section 38561 of the Health and Safety Code is
16amended to read:
(a) (1) On or before January 1, 2009, the state board
18shall prepare and approve a scoping plan, as that term is understood
19by the state board, for achieving the maximum technologically
20feasible and cost-effective reductions in greenhouse gas emissions
21from sources or categories of sources of greenhouse gases under
23(2) The state board shall consult with all state agencies with
24jurisdiction over sources of greenhouse gases, including the Public
25Utilities Commission and the State Energy Resources Conservation
26and Development Commission, on all elements of its plan that
27pertain to energy-related matters including, but not limited to,
28electrical generation, load-based standards or requirements, the
29provision of reliable and affordable electrical service, petroleum
30refining, and statewide fuel supplies to ensure the greenhouse gas
31emissions reduction activities to be adopted and implemented by
32the state board are complementary, nonduplicative, and can be
33implemented in an efficient and cost-effective manner.
34(b) The plan shall identify and make recommendations on direct
35emissions reduction measures, alternative compliance mechanisms,
36market-based compliance mechanisms, and potential monetary
37and nonmonetary incentives for sources and categories of sources
38that the state board finds are necessary or desirable to facilitate
39the achievement of the maximum feasible and cost-effective
40reductions of greenhouse gas emissions under this division.
P10 1(c) In making the determinations required by subdivision (b),
2the state board shall consider all relevant information pertaining
3to greenhouse gas emissions reduction programs in other states,
4localities, and nations, including the northeastern states of the
5United States, Canada, and the European Union.
6(d) The state board shall evaluate the total potential costs and
7total potential economic and noneconomic benefits of the plan for
8reducing greenhouse gases to California’s economy, environment,
9and public health, using the best available economic models,
10emission estimation techniques, and other scientific methods.
11(e) In developing its plan, the state board shall take into account
12the relative contribution of each source or source category to
13statewide greenhouse gas emissions, and the potential for adverse
14effects on small businesses, and shall recommend a de minimis
15threshold of greenhouse gas emissions below which emissions
16reduction requirements will not apply.
17(f) In developing its plan, the state board shall identify
18opportunities for emissions reduction measures from all verifiable
19and enforceable voluntary actions, including, but not limited to,
20carbon sequestration projects and best management practices.
21(g) The state board shall conduct a series of public workshops
22to give interested parties an opportunity to comment on the plan.
23The state board shall conduct a portion of these workshops in
24regions of the state that have the most significant exposure to air
25pollutants, including, but not limited to, communities with minority
26populations, communities with low-income populations, or both.
27(h) The state board shall update its plan for achieving the
28maximum technologically feasible and cost-effective reductions
29of greenhouse gas emissions at least once every five years in
30 accordance with Chapter 6 (commencing with Section 12897) of
31Part 2.5 of Division 3 of Title 2 of the Government Code.