SB 32, as amended, Pavley. California Global Warming Solutions Act of 2006: emissions limit.
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 approve 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.end delete
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. The bill would also require the state board, on or before January 1, 2018, and each year thereafter, to prepare and submit to the Joint Legislative Budget Committee and appropriate policy committees a report relating to the greenhouse gas emissions reductions achieved toward those limits.end delete
This bill also would make conforming changes and provide that its provisions are severable.end delete
bill would become operative only if AB 197 of the 2015-16 Regular Session is enacted and becomes effective on or before January 1, 2017.
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
2provisions of the California Global Warming Solutions Act of
32006 (Division 25.5 (commencing with Section 38500) of the
4Health and Safety Code) apply to the sections of this act amending
5sections within the California Global Warming Solutions Act of
62006 (Division 25.5 (commencing with Section 38500) of the
7Health and Safety Code).
Section 38505 of the Health and Safety Code is
9amended to read:
For purposes of this division, the following terms have
11the following meanings:
12(a) “Allowance” means an authorization to emit, during a
13specified year, up to one ton of carbon dioxide equivalent.
14(b) “Alternative compliance mechanism” means an action
15undertaken by a greenhouse gas emission source that achieves the
16equivalent reduction of greenhouse gas emissions over the same
17time period as a direct emission reduction, and that is approved
18by the state board. “Alternative compliance mechanism” includes,
19but is not limited to, a flexible compliance schedule, alternative
20control technology, a process change, or a product substitution.
21(c) “Carbon dioxide equivalent” means the amount of carbon
22dioxide by weight that would produce the same global warming
23impact as a given weight of another greenhouse gas, based on the
24best available science, including from the Intergovernmental Panel
25on Climate Change.
26(d) “Cost-effective” or “cost-effectiveness” means the cost per
27unit of reduced emissions of greenhouse gases adjusted for its
28global warming potential.
29(e) “Direct emission reduction” means a greenhouse gas
30emission reduction action made by a greenhouse gas emission
31source at that source.
32(f) “Emissions reduction measure” means programs, measures,
33standards, and alternative compliance mechanisms authorized
34pursuant to this division, applicable to sources or categories of
35sources, that are designed to reduce emissions of greenhouse gases.
36(g) “Greenhouse gas” or “greenhouse gases” includes all of the
38(1) Carbon dioxide.
40(3) Nitrous oxide.
P5 1(4) Hydrofluorocarbons.
3(6) Sulfur hexafluoride.
4(7) Nitrogen trifluoride.
5(h) “Greenhouse gas emissions limit” means an authorization,
6during a specified year, to emit up to a level of greenhouse gases
7specified by the state board, expressed in tons of carbon dioxide
9(i) “Greenhouse gas emission source” or “source” means any
10source, or category of sources, of greenhouse gas emissions whose
11emissions are at a level of significance, as determined by the state
12board, that its participation in the program established under this
13division will enable the state board to effectively reduce greenhouse
14gas emissions and monitor compliance with the statewide
15greenhouse gas emissions limit.
16(j) “Leakage” means a reduction in emissions of greenhouse
17gases within the state that is offset by an increase in emissions of
18greenhouse gases outside the state.
19(k) “Market-based compliance mechanism” means either of the
21(1) A system of market-based declining annual aggregate
22emissions limitations for sources or categories of sources that emit
24(2) Greenhouse gas emissions exchanges, banking, credits, and
25other transactions, governed by rules and protocols established by
26the state board, that result in the same greenhouse gas emission
27reduction, over the same time period, as direct compliance with a
28greenhouse gas emission limit or emissions reduction measure
29adopted by the state board pursuant to this division.
30(l) “State board” means the State Air Resources Board.
31(m) “Statewide greenhouse gas emissions” means the total
32annual emissions of greenhouse gases in the state, including all
33emissions of greenhouse gases from the generation of electricity
34delivered to and consumed in California, accounting for
35transmission and distribution line losses, whether the electricity
36is generated in state or imported. Statewide emissions shall be
37expressed in tons of carbon dioxide equivalents.
38(n) “Statewide greenhouse gas emissions limit” or “statewide
39emissions limit” means the maximum allowable level of statewide
P6 1greenhouse gas emissions, as determined by the state board
2pursuant to Part 3 (commencing with Section 38550).
Section 38550 of the Health and Safety Code is
4amended to read:
(a) By January 1, 2008, the state board shall, after one
6or more public workshops, with public notice, and an opportunity
7for all interested parties to comment, determine what the statewide
8greenhouse gas emissions level was in 1990, and approve in a
9public hearing, a statewide greenhouse gas emissions limit that is
10equivalent to that level, to be achieved by 2020. In order to ensure
11the most accurate determination feasible, the state board shall
12evaluate the best available scientific, technological, and economic
13information on greenhouse gas emissions to determine the 1990
14level of greenhouse gas emissions.
15(b) (1) Notwithstanding subdivision (a), the state board shall
16approve in a public hearing, based on the best available scientific,
17technological, and economic assessments, a statewide greenhouse
18gas emissions limit that is equivalent to 40 percent below the 1990
19level, as determined pursuant to subdivision (a) or Section 39730,
20to be achieved by 2030.
21(2) For the purposes of this subdivision, a greenhouse gas
22emissions limit shall include short-lived climate pollutants, as
23defined in Section 39730.
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.
28(d) On or before January 1, 2018, and each year thereafter, the
29state board shall prepare and submit to the Joint Legislative Budget
30Committee and appropriate policy committees a report detailing
31the amounts, sources, and locations of greenhouse gas emissions
32reductions achieved toward the statewide emissions limits adopted
33pursuant to this section.
Section 38551 of the Health and Safety Code is
35amended to read:
(a) Each of the statewide greenhouse gas emissions
37limits shall remain in effect unless otherwise amended or repealed.
38(b) It is the intent of the Legislature that the statewide
39greenhouse gas emissions limits established pursuant to Section
P7 138550 continue in existence and be used to maintain and continue
2reductions in emissions of greenhouse gases.
3(c) The state board shall make recommendations to the Governor
4and the Legislature on how to continue reductions of greenhouse
5gas emissions beyond 2030.
Section 38561 of the Health and Safety Code is
7amended to read:
(a) (1) On or before January 1, 2009, the state board
9shall prepare and approve a scoping plan, as that term is understood
10by the state board, for achieving the maximum technologically
11feasible and cost-effective reductions in greenhouse gas emissions
12from sources or categories of sources of greenhouse gases under
14(2) The state board shall consult with all state agencies with
15jurisdiction over sources of greenhouse gases, including the Public
16Utilities Commission and the State Energy Resources Conservation
17and Development Commission, on all elements of its plan that
18pertain to energy-related matters including, but not limited to,
19electrical generation, load-based standards or requirements, the
20provision of reliable and affordable electrical service, petroleum
21refining, and statewide fuel supplies to ensure the greenhouse gas
22emissions reduction activities to be adopted and implemented by
23the state board are complementary, nonduplicative, and can be
24implemented in an efficient and cost-effective manner.
25(b) The plan shall identify and make recommendations on direct
26emissions reduction measures, alternative compliance mechanisms,
27market-based compliance mechanisms, and potential monetary
28and nonmonetary incentives for sources and categories of sources
29that the state board finds are necessary or desirable to facilitate
30the achievement of the maximum feasible and cost-effective
31reductions of greenhouse gas emissions under this division.
32(c) In making the determinations required by subdivision (b),
33the state board shall consider all relevant information pertaining
34to greenhouse gas emissions reduction programs in other states,
35localities, and nations, including the northeastern states of the
36United States, Canada, and the European Union.
37(d) The state board shall evaluate the total potential costs and
38total potential economic and noneconomic benefits of the plan for
39reducing greenhouse gases to California’s economy, environment,
P8 1and public health, using the best available economic models,
2emission estimation techniques, and other scientific methods.
3(e) In developing its plan, the state board shall take into account
4the relative contribution of each source or source category to
5statewide greenhouse gas emissions, and the potential for adverse
6effects on small businesses, and shall recommend a de minimis
7threshold of greenhouse gas emissions below which emissions
8reduction requirements will not apply.
9(f) In developing its plan, the state board shall identify
10opportunities for emissions reduction measures from all verifiable
11and enforceable voluntary actions, including, but not limited to,
12carbon sequestration projects and best management practices.
13(g) The state board shall conduct a series of public workshops
14to give interested parties an opportunity to comment on the plan.
15The state board shall conduct a portion of these workshops in
16regions of the state that have the most significant exposure to air
17pollutants, including, but not limited to, communities with minority
18populations, communities with low-income populations, or both.
19(h) The state board shall update its plan for achieving the
20maximum technologically feasible and cost-effective reductions
21of greenhouse gas emissions at least once every five years.
The provisions of this act are severable. If any
23provision of this act or its application is held invalid, that invalidity
24shall not affect other provisions or applications that can be given
25effect without the invalid provision or application.
This act shall become operative only if Assembly Bill
27197 of the 2015-16 Regular Session is enacted and becomes
28effective on or before January 1, 2017.