as amended, Pavley. California Global Warming Solutions Act of
begin delete 2006.end delete
(1) Theend 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 a statewide greenhouse gas emissions limit that is equivalent to 40% below the 1990 level to be achieved by 2030.
begin delete 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.end delete
(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.end delete
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, as specified, 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. The bill would require the Office of Environmental Health Hazard Assessment, on or before July 1, 2017, to prepare and make available to the public and the Legislature a report analyzing the impacts of the greenhouse gas emissions limits adopted by the state board on disadvantaged communities, as specified.end delete
(3) This bill would alsoend delete
make conforming changes and
begin delete wouldend delete provide that its provisions are severable.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
It is the intent of the Legislature that all relevant
begin delete Divisionend delete 25.5 (commencing with Section 38500) of
4the Health and Safety
begin delete Codeend delete apply to the sections of this act
5amending sections within
begin delete Divisionend delete 25.5 (commencing with Section
738500) of the Health and Safety
begin delete Code.end delete
Chapter 6 (commencing with Section 12897) is added
9to Part 2.5 of Division 3 of Title 2 of the Government Code, to
(a) The Legislature finds and declares that developing
16regulations and policies by the State Air Resources Board or other
17state agencies for purposes of implementing Division 25.5
18(commencing with Section 38500) of the Health and Safety Code
19should be conducted transparently and in a timely manner to afford
20the Legislature the opportunity to shape and oversee the
21implementation of that division on an ongoing basis.
22(b) The purpose of this chapter is to establish new legislative
23oversight and accountability over any regulations and policies
24undertaken to implement Division 25.5 (commencing with Section
2538500) of the Health and Safety Code.
(a) 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:
P4 1(A) The current and projected actions other jurisdictions within
2the United States and around the world are taking to reduce
3 greenhouse gas emissions and how those actions compare to and
4complement California’s efforts.
5(B) The cost-effectiveness of the various emissions reduction
6strategies the State Air Resources Board has undertaken to achieve
7the 2020 statewide greenhouse gas emissions limit pursuant to
8Section 38550 of the Health and Safety Code, which shall consider
9the marginal costs of the strategies and associated benefits to the
10health, safety, and welfare of state residents, worker safety, quality
11of life in the state, and the state’s environment.
12(2) A draft of the next update to the scoping plan has been
13submitted to the Joint Legislative Budget Committee and the
14appropriate policy committees of the Legislature.
15(3) The final version of the update to the scoping plan has been
16submitted to the Joint Legislative Budget Committee and the
17appropriate policy committees of the Legislature at least 60 days
18before approval of the updated scoping plan.
19(b) The 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 approval.
23(c) After holding the oversight hearings required pursuant to
24subdivision (b), the Legislature may act to modify, reject, or delay
25some or all of the scoping plan before its approval.
26(d) On or before January 1, 2017, and each year thereafter, the
27State Air Resources Board shall prepare and submit to the Joint
28Legislative Budget Committee and appropriate policy committees
29a report that contains both of the following:
30(1) A detailed list of regulatory policies that have been adopted
31and implemented by a state agency in furtherance of achieving the
32greenhouse gas emissions limits adopted by the State Air Resources
33Board pursuant to Division 25.5 (commencing with Section 38500)
34of the Health and Safety Code.
35(2) The amounts, sources, and locations of greenhouse gas
36emissions reductions achieved toward the statewide emissions
37limit, as defined in Section 38505 of the Health and Safety Code.
38(e) On or before July 1, 2017, the Office of Environmental
39Health Hazard Assessment shall prepare a report analyzing the
40impacts of the greenhouse gas emissions limits adopted by the
P5 1State Air Resources Board pursuant to Division 25.5 (commencing
2with Section 38500) of the Health and Safety Code on
3disadvantaged communities and make the report available to the
4public and the Legislature. The report shall include, but shall not
5be limited to, all of the following:
6(1) Tracking and analysis of greenhouse gas emissions, criteria
7air pollutants, and other pollutant emission levels in disadvantaged
9(2) California Global Warming Solutions Act of 2006 (Division
1025.5 (commencing with Section 38500) of the Health and Safety
11Code) compliance strategies used for greenhouse gas emissions
12sources in disadvantaged communities.
13(3) Analysis of public health and other relevant environmental
14health exposure indicators related to air pollutants in disadvantaged
16(f) The State Air Resources Board may include relevant reports
17required pursuant to Section 12894 within the report required
18pursuant to subdivision (d).
19(g) Nothing in this section affects in any manner the authority
20or responsibility of the State Air Resources Board or a district, as
21defined in Section 39025 of the Health and Safety Code, under the
22federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.), under Division
2326 (commencing with Section 39000) of the Health and Safety
24Code, or to implement regulations or other measures adopted prior
25to the approval of the next update to the scoping plan.
26(h) It is the intent of the Legislature that this chapter be
27interpreted in a manner that does not violate Article IV of the
29(i) The provisions of this chapter are severable. If any provision
30of this chapter or its application is held invalid, that invalidity shall
31not affect other provisions or applications that can be given effect
32without the invalid provision or application.
Section 38505 of the Health and Safety Code is
35amended to read:
For purposes of this division, the following terms have
37the following meanings:
38(a) “Allowance” means an authorization to emit, during a
39specified year, up to one ton of carbon dioxide equivalent.
P6 1(b) “Alternative compliance mechanism” means an action
2undertaken by a greenhouse gas emission source that achieves the
3equivalent reduction of greenhouse gas emissions over the same
4time period as a direct emission reduction, and that is approved
5by the state board. “Alternative compliance mechanism” includes,
6but is not limited to, a flexible compliance schedule, alternative
7control technology, a process change, or a product substitution.
8(c) “Carbon dioxide equivalent” means the amount of carbon
9dioxide by weight that would produce the same global warming
10impact as a given weight of another greenhouse gas, based on the
11best available science, including from the Intergovernmental Panel
12on Climate Change.
13(d) “Cost-effective” or “cost-effectiveness” means the cost per
14unit of reduced emissions of greenhouse gases adjusted for its
15global warming potential.
16(e) “Direct emission reduction” means a greenhouse gas
17emission reduction action made by a greenhouse gas emission
18source at that source.
19(f) “Emissions reduction measure” means programs, measures,
20standards, and alternative compliance mechanisms authorized
21pursuant to this division, applicable to sources or categories of
22sources, that are designed to reduce emissions of greenhouse gases.
23(g) “Greenhouse gas” or “greenhouse gases” includes all of the
25(1) Carbon dioxide.
27(3) Nitrous oxide.
30(6) Sulfur hexafluoride.
31(7) Nitrogen trifluoride.
32(h) “Greenhouse gas emissions limit” means an authorization,
33during a specified year, to emit up to a level of greenhouse gases
34specified by the state board, expressed in tons of carbon dioxide
36(i) “Greenhouse gas emission source” or “source” means any
37source, or category of sources, of greenhouse gas emissions whose
38emissions are at a level of significance, as determined by the state
39board, that its participation in the program established under this
40division will enable the state board to effectively reduce greenhouse
P7 1gas emissions and monitor compliance with the statewide
2greenhouse gas emissions limit.
3(j) “Leakage” means a reduction in emissions of greenhouse
4gases within the state that is offset by an increase in emissions of
5greenhouse gases outside the state.
6(k) “Market-based compliance mechanism” means either of the
8(1) A system of market-based declining annual aggregate
9emissions limitations for sources or categories of sources that emit
11(2) Greenhouse gas emissions exchanges, banking, credits, and
12other transactions, governed by rules and protocols established by
13the state board, that result in the same greenhouse gas emission
14reduction, over the same time period, as direct compliance with a
15greenhouse gas emission limit or emissions reduction measure
16adopted by the state board pursuant to this division.
17(l) “State board” means the State Air Resources Board.
18(m) “Statewide greenhouse gas emissions” means the total
19annual emissions of greenhouse gases in the state, including all
20emissions of greenhouse gases from the generation of electricity
21delivered to and consumed in California, accounting for
22transmission and distribution line losses, whether the electricity
23is generated in state or imported. Statewide emissions shall be
24expressed in tons of carbon dioxide equivalents.
25(n) “Statewide greenhouse gas emissions limit” or “statewide
26emissions limit” means the maximum allowable level of statewide
27greenhouse gas emissions, as determined by the state board
28pursuant to Part 3 (commencing with Section 38550).
Section 38550 of the Health and Safety Code is
31amended to read:
(a) By January 1, 2008, the state board shall, after one
33or more public workshops, with public notice, and an opportunity
34for all interested parties to comment, determine what the statewide
35greenhouse gas emissions level was in 1990, and approve in a
36public hearing, a statewide greenhouse gas emissions limit that is
37equivalent to that level, to be achieved by 2020. In order to ensure
38the most accurate determination feasible, the state board shall
39evaluate the best available scientific, technological, and economic
P8 1information on greenhouse gas emissions to determine the 1990
2level of greenhouse gas emissions.
3(b) (1) Notwithstanding subdivision (a), the state board shall
4approve in a public hearing, based on the best available scientific,
5technological, and economic assessments, a statewide greenhouse
6gas emissions limit that is equivalent to 40 percent below the 1990
7level, as determined pursuant to subdivision (a) or Section 39730,
8to be achieved by 2030.
9(2) For the purposes of this subdivision, a greenhouse gas
10emissions limit shall include short-lived climate pollutants, as
begin delete Chapter 4.2 (commencing withend delete Section begin delete 39730) of Part
122 of Division 26.end delete
13(c) In furtherance of subdivision (b), the state board shall
14consider historic efforts to reduce greenhouse gas emissions and
begin delete seek,end delete and account begin delete for,end delete cost-effective actions
16to reduce greenhouse gas emissions across all sectors.
Section 38551 of the Health and Safety Code is
19amended to read:
(a) Each of the statewide greenhouse gas emissions
21limits shall remain in effect unless otherwise amended or repealed.
22(b) It is the intent of the Legislature that the statewide
23greenhouse gas emissions limits established pursuant to Section
2438550 continue in existence and be used to maintain and continue
25reductions in emissions of greenhouse gases.
26(c) The state board shall make recommendations to the Governor
27and the Legislature on how to continue reductions of greenhouse
28gas emissions beyond 2030.
29(d) In implementing subdivision (b) of Section 38550, it is the
30intent of the Legislature for the Legislature and appropriate
31agencies to adopt complementary policies that ensure the long-term
32emissions reductions adopted pursuant to subdivision (b) of Section
3338550 advance all of the following:
34(1) Job growth and local economic benefits in California.end delete
35(2) Public health benefits for California residents, particularly
36in disadvantaged communities, that result from direct onsite
37reductions of greenhouse gas emissions.
38(3) Innovation in technology and energy, water, and resource
P9 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
7shall 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,
17electrical generation, load-based standards or requirements, the
18provision of reliable and affordable electrical service, petroleum
19refining, and statewide fuel supplies to ensure the greenhouse gas
20emissions reduction activities to be adopted and implemented by
21the state board are complementary, nonduplicative, and can be
22implemented in an efficient and cost-effective manner.
23(b) The plan shall identify and make recommendations on direct
24emissions reduction measures, alternative compliance mechanisms,
25market-based compliance mechanisms, and potential monetary
26and nonmonetary incentives for sources and categories of sources
27that the state board finds are necessary or desirable to facilitate
28the achievement of the maximum feasible and cost-effective
29reductions of greenhouse gas emissions under this division.
30(c) In making the determinations required by subdivision (b),
31the state board shall consider all relevant information pertaining
32to greenhouse gas emissions reduction programs in other states,
33localities, and nations, including the northeastern states of the
34United States, Canada, and the European Union.
35(d) The state board shall evaluate the total potential costs and
36total potential economic and noneconomic benefits of the plan for
37reducing greenhouse gases to California’s economy, environment,
38and public health, using the best available economic models,
39emission estimation techniques, and other scientific methods.
P10 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
16populations, 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 in
20 accordance with Chapter 6 (commencing with Section 12897) of
21Part 2.5 of Division 3 of Title 2 of the Government Code.end delete
The provisions of this act are severable. If any
24provision of this act or its application is held invalid, that invalidity
25shall not affect other provisions or applications that can be given
26effect without the invalid provision or application.