BILL NUMBER: AB 231	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 26, 2009
	AMENDED IN SENATE  JUNE 18, 2009
	AMENDED IN ASSEMBLY  APRIL 29, 2009

INTRODUCED BY   Assembly Member Huffman
   (Principal coauthor: Senator Pavley)

                        FEBRUARY 5, 2009

   An act to amend Section 38597 of, and to add Sections 38597.2 and
38597.5 to, the Health and Safety Code, relating to air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 231, as amended, Huffman. California Global Warming Solutions
Act of 2006: Climate Protection Trust Fund.
   The California Global Warming Solutions Act of 2006 requires the
State Air Resources Board to adopt regulations to require the
reporting and verification of emissions of greenhouse gases and to
monitor and enforce compliance with the reporting and verification
program, and requires the state board to adopt a statewide greenhouse
gas emissions limit equivalent to the statewide greenhouse gas
emissions level in 1990 to be achieved by 2020. The act requires the
state board to adopt rules and regulations in an open public process
to achieve the maximum technologically feasible and cost-effective
greenhouse gas emission reductions. The act authorizes the state
board to include the use of market-based compliance mechanisms. The
act authorizes the state board to adopt a schedule of fees to be paid
by the sources of greenhouse gas emissions regulated pursuant to the
act, and requires the revenues collected pursuant to that fee to be
deposited into the Air Pollution Control Fund and be available, upon
appropriation by the Legislature, for purposes of carrying out the
act.
   This bill would instead require the state board to, no later than
March 30, 2010, adopt that schedule of fees. The revenues collected
would be deposited in the Climate Protection Trust Fund, which the
bill would create. All other compliance revenues collected pursuant
to the act, including fines and penalties, would be required to be
deposited into the fund, and would be available, upon appropriation
by the Legislature, for the purposes of carrying out the act. 
The bill would require   federal climate change funds to
also be deposited into the fund, as provided. 
   Because failure to pay the fee would be a crime, this bill would
impose a state-mandated local program by creating a new crime.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 38597 of the Health and Safety Code is amended
to read:
   38597.  The state board shall adopt by regulation no later than
March 30, 2010, after a public workshop, a schedule of fees to be
paid by the sources of greenhouse gas emissions regulated pursuant to
this division, consistent with Section 57001. The revenues collected
pursuant to this section shall be deposited into the Climate
Protection Trust Fund.
  SEC. 2.  Section 38597.2 is added to the Health and Safety Code, to
read:
   38597.2.  Except as otherwise provided in this part, the fees
established by the state board pursuant to Section 38597 shall be
designed to
    be paid by the sources of greenhouse gas emissions regulated
pursuant to this division, consistent with Section 57001.
  SEC. 3.  Section 38597.5 is added to the Health and Safety Code, to
read:
   38597.5.   (a)    The Climate Protection Trust
Fund is hereby established in the State Treasury. All compliance
revenues collected pursuant to this division, including, but not
limited to, all fees collected pursuant to Section 38597 and all
fines and penalties collected pursuant to Section 38580 shall be
deposited into the Climate Protection Trust Fund, and are available,
upon appropriation by the Legislature, for the purposes of carrying
out this division.  All fees collected pursuant to Section 38597
before January 1, 2010, shall be transferred from the Air Pollution
Control Fund into the Climate Protection Trust Fund.  
   (b) The Climate Protection Trust Fund shall receive, on behalf of
state and local agencies, funds from federal climate change programs
that are dedicated to or otherwise accrue to the state for climate
change projects and programs, including, but not limited to, energy
efficiency, technology development and deployment, natural resource
planning and adaptation, and green job development and training, to
be expended, upon appropriation by the Legislature, under terms and
conditions as may be established by federal law. 
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.