BILL ANALYSIS                                                                                                                                                                                                    



                                                                      SB 32


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          SENATE THIRD READING


          SB  
          32 (Pavley)


          As Amended  August 19, 2016


          Majority vote


          SENATE VOTE:  24-15


           -------------------------------------------------------------------- 
          |Committee       |Votes|Ayes                   |Noes                 |
          |                |     |                       |                     |
          |                |     |                       |                     |
          |                |     |                       |                     |
          |----------------+-----+-----------------------+---------------------|
          |Natural         |6-2  |Williams, Cristina     |Hadley, Harper       |
          |Resources       |     |Garcia, Gomez,         |                     |
          |                |     |McCarty, Mark Stone,   |                     |
          |                |     |Wood                   |                     |
          |                |     |                       |                     |
          |----------------+-----+-----------------------+---------------------|
          |Appropriations  |11-4 |Gonzalez, Bloom,       |Bigelow, Chang,      |
          |                |     |Bonilla, Bonta,        |Jones, Obernolte     |
          |                |     |Eggman, Eduardo        |                     |
          |                |     |Garcia, Quirk,         |                     |
          |                |     |Santiago, Weber, Wood, |                     |
          |                |     |McCarty                |                     |
          |                |     |                       |                     |
          |                |     |                       |                     |
           -------------------------------------------------------------------- 










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          SUMMARY:  Requires the Air Resources Board (ARB) to ensure that  
          statewide greenhouse gas (GHG) emissions are reduced to at least  
          40% below the 1990 level by 2030.  Specifically, this bill:


          1)States the following findings:


             a)   The California Global Warming Solutions Act of 2006 (AB  
               32 (Nez), Chapter 488) authorizes ARB to adopt  
               regulations to achieve the maximum technologically feasible  
               and cost-effective GHG emissions reductions.


             b)   AB 32 requires ARB to reduce statewide GHG emissions to  
               at least the 1990 emissions level by 2020 and to maintain  
               and continue reductions thereafter.


             c)   Continuing to reduce GHG emissions is critical for the  
               protection of all areas of the state, but especially for  
               the state's most disadvantaged communities, as those  
               communities are affected first, and, most frequently, by  
               the adverse impacts of climate change, including an  
               increased frequency of extreme weather events, such as  
               drought, heat, and flooding.  The state's most  
               disadvantaged communities also are disproportionately  
               impacted by the deleterious effects of climate change on  
               public health.


             d)   ARB shall achieve the state's more stringent GHG  
               emission reductions in a manner that benefits the state's  
               most disadvantaged communities and is transparent and  
               accountable to the public and the Legislature.


          2)Requires ARB, in adopting rules and regulations to achieve the  
            maximum technologically feasible and cost-effective GHG  








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            emissions reductions authorized by AB 32, to ensure that  
            statewide GHG emissions are reduced to at least 40% below the  
            statewide GHG emissions limit (i.e., 1990 levels) no later  
            than December 31, 2030.


          3)Provides the bill becomes operative only if AB 197 (E. Garcia)  
            of the current legislative session is enacted and becomes  
            effective on or before January 1, 2017.





          EXISTING LAW:   


          1)Requires ARB, pursuant to AB 32, to adopt a statewide GHG  
            emissions limit equivalent to the 1990 level by 2020 and adopt  
            regulations to achieve maximum technologically feasible and  
            cost-effective GHG emission reductions.  
          2)Authorizes ARB to permit the use of market-based compliance  
            mechanisms, applicable from January 1, 2012 to December 31,  
            2020, to comply with GHG reduction regulations, once specified  
            conditions are met.  Pursuant to this authority, ARB has  
            adopted a cap-and-trade regulation which applies to large  
            industrial facilities and electricity generators emitting more  
            than 25,000 metric tons of CO2 equivalent per year, as well as  
            distributors of fuels, including gasoline, diesel and natural  
            gas.


          3)Requires ARB, pursuant to SB 605 (Lara), Chapter 523, Statutes  
            of 2014, to complete, by January 1, 2016, a comprehensive  
            strategy to reduce emissions of SLCPs in the state.


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee:








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          1)Unknown annual costs, at least in the hundreds of millions of  
            dollars, from various special funds for additional programs to  
            achieve the new required emissions reductions.
          2)Minor, absorbable costs for ARB to set the 2030 target (Cost  
            of Implementation Account).


          COMMENTS:  The 5th assessment report from the Intergovernmental  
          Panel on Climate Change (IPCC) notes that atmospheric  
          concentrations of global warming pollutants have risen to levels  
          unseen in the past 800,000 years.  Carbon dioxide concentrations  
          have increased by 40% since pre-industrial times.  There is  
          broad scientific consensus that these global GHG emission  
          increases are leading to higher air and water temperatures as  
          well as rising sea levels.  Sea level is expected to rise 17 to  
          66 inches by 2100, and the frequency of extreme events such as  
          heat waves, wildfires, floods, and droughts is expected to  
          increase.


          Pursuant to AB 32, ARB approved the first Scoping Plan in 2008.   
          The Scoping Plan outlined a suite of measures aimed at achieving  
          1990-level emissions, a reduction of 80 million metric tons of  
          CO2 (MMT CO2e).  Average emission data in the Scoping Plan  
          reveal that transportation accounts for almost 40% of statewide  
          GHG emissions, and electricity and commercial and residential  
          energy sector account for over 30% of statewide GHG emissions.   
          The industrial sector, including refineries, oil and gas  
          production, cement plants, and food processors, was shown to  
          contribute 20% of California's total GHG emissions. 


          The 2008 Scoping Plan recommended that reducing GHG emissions  
          from the wide variety of sources that make up the state's  
          emissions profile could best be accomplished through a  
          cap-and-trade program along with a mix of other strategies  
          including a low carbon fuel standard (LCFS), light-duty vehicle  








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          GHG standards, expanding and strengthening existing energy  
          efficiency programs, and building and appliance standards, a 33%  
          Renewable Portfolio Standard (RPS), and regional  
          transportation-related GHG targets.  Pursuant to authority under  
          AB 32, the ARB adopted a Low Carbon Fuel Standard in 2009, and a  
          cap-and-trade program, approved on December 13, 2011.


          ARB approved an update to the Scoping Plan in 2014.  The update  
          describes policies, actions, and strategies in the energy,  
          transportation, fuels, agriculture, waste, and natural lands  
          sectors as a means to continue emissions reductions in each of  
          these sectors.  The update also asserts that California is on  
          track to meet the near-term 2020 GHG limit and is well  
          positioned to maintain and continue reductions beyond 2020 as  
          required by AB 32.


          In 2005, Governor Schwarzenegger issued Executive Order S-3-05  
          and called for GHG emissions reductions to 1990 levels by 2020  
          and 80% below 1990 levels by 2050.  On April 29, 2015, Governor  
          Brown issued Executive Order B-30-15, which established an  
          interim statewide GHG emission reduction target to reduce GHG  
          emissions to 40% below 1990 levels by 2030, "in order to ensure  
          California meets its target of reducing greenhouse gas emissions  
          to 80% below 1990 levels by 2050."  The order also directed all  
          state agencies with jurisdiction over sources of GHG emissions  
          to implement measures, pursuant to statutory authority, to  
          achieve reductions of GHG emissions to meet the 2030 and 2050  
          GHG emissions reduction targets.


          On June 17, 2016, ARB released a "2030 Target Scoping Plan  
          Update Concept Paper."  The paper includes four potential  
          high-level concepts for achieving a 40% GHG reduction by 2030.   
          Concept 1 calls for enhancements to existing, successful  
          programs and implementation of SB 350.  It suggests investment  
          of funds from the cap-and-trade program in areas that would  
          further the goals of AB 32.  Concept 2 extends the actions in  








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          Concept 1 to specifically address the industrial sector through  
          industrial facility caps.  It would have no cap-and-trade  
          regulation post-2020 and no statewide limit on GHG emissions.   
          Concept 3 focuses on transportation-oriented policy aimed at  
          ambitious reductions in vehicle miles traveled (VMT) and  
          increased number of zero-emission and plug-in vehicles by 2030.   
          It would not continue cap-and-trade regulation post-2020.   
          Concept 4 includes the same complementary policies as Concept 1,  
          but in lieu of a cap-and-trade program, suggests a carbon tax  
          applied at a value predetermined by a method such as economic  
          modeling or the use of United States Environmental Protection  
          Agency (US EPA) social cost of carbon.  It is not clear if this  
          scenario would ultimately achieve the 2030 target because it  
          would not include a statewide limit on GHG emissions, and it is  
          unknown how the monies generated by a carbon tax would be used.


          According to the author, this bill attempts to solve three major  
          problems:  dangerous climate pollution, an uncertain investment  
          environment for clean energy businesses, and an inequitable  
          distribution of both the consequences of climate change and the  
          benefits of the state's policy to address it.  First, it will  
          bring the state's economy-wide climate pollution targets in line  
          with the mandates of the scientific community, by increasing the  
          limits the state imposes on the biggest polluters.  Second, it  
          will send a clear signal to the market that will allow for  
          business certainty and predictability, so that California  
          companies can continue building jobs for the clean energy  
          economy.  And third, as part of a broader legislative package to  
          ensure that the state makes investments where they are needed  
          most, it serves as the foundation for the next chapter of  
          California's leadership in environmental justice. 




          Analysis Prepared by:                                             
                          Lawrence Lingbloom / NAT. RES. / (916) 319-2092   
                                                                      FN:  








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