BILL NUMBER: AB 1305 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member V. Manuel Perez
(Coauthor: Assembly Member Salas)
FEBRUARY 27, 2009
An act to add Section 41514.15 to the Health and Safety Code,
relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 1305, as introduced, V. Manuel Perez. Air pollution: imported
electricity: mitigation fee.
Existing law designates air pollution control districts and air
quality management districts as having the primary responsibility for
the control of air pollution from all sources other than vehicular
sources. Existing law also designates the State Air Resources Board
as the state entity responsible for the coordination and review of
all levels of government in their efforts to control air pollution.
This bill would require any person that imports electricity into
the state, or causes electricity to be imported into the state, to
pay up to a $0.001 per kilowatthour air contaminant emission
electricity generation mitigation fee for that electricity, but not
to exceed the cost of mitigation, as determined by the state board.
The bill would impose the fee only if the electricity is produced by
an electrical generating facility, as defined, that is located within
an air basin shared by a district and Mexico and located in Mexico
within 100 kilometers of the United States' border, if construction
of the electrical generating facility was completed after January 1,
2010, and if the electrical generating facility was not constructed
to meet all existing California air pollution regulations and
standards, including, but not limited to, best available control
technology (BACT) and any offsets that would be required under
California law to mitigate any additional pollution.
The bill would establish the Imported Electricity Air Pollution
Mitigation Subaccount in the Air Pollution Control Fund, and would
require the fees to be deposited in that subaccount. The bill would
make the moneys deposited in the subaccount available to the state
board, upon appropriation by the Legislature, for distribution to
each district in the state that the state board determines is
directly impacted by emissions of air contaminants from those
electrical generating facilities. The bill would require each
district receiving those revenues to fund projects within its
jurisdiction to mitigate the environmental or health impacts of
electricity generation facilities.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 41514.15 is added to the Health and Safety
Code, to read:
41514.15. (a) Any person who imports electricity into the state,
or causes electricity to be imported into the state, shall pay an
electricity generation mitigation fee in the amount described in
subdivision (b) to the state board to mitigate the air pollution
caused by the generation of that electricity, if the electrical
generating facility that generated the electricity meets all of the
following criteria:
(1) Is located within an air basin shared by a district and
Mexico, as determined by the state board.
(2) Is located in Mexico within 100 kilometers of the United
States' border.
(3) Was not constructed to meet all existing California air
pollution regulations and standards, including, but not limited to,
best available control technology (BACT) and any offsets that would
be required under California law to mitigate any additional
pollution.
(4) Construction was completed after January 1, 2010.
(b) (1) The electricity generation mitigation fee shall be
assessed by the state board at a rate of not more than one-tenth of
one cent ($0.001) per kilowatthour of electricity that is imported
into the state, but not to exceed the cost that the state board
determines is necessary to mitigate the environmental or health
impacts of electricity generation facilities meeting the criteria
described in subdivision (a), and any associated administrative costs
to each impacted district. The state board may impose a fee less
than one-tenth of one cent ($0.001) per kilowatthour of electricity
if the state board determines that the lower fee amount would further
enhance reductions of emissions of air contaminants.
(2) The state board shall consult with the Independent System
Operator in determining the amount of electricity that is imported
into the state from an electrical generating facility that meets the
criteria described in subdivision (a).
(c) The fees collected by the state board pursuant to subdivision
(a) shall be deposited into the Imported Electricity Air Pollution
Mitigation Subaccount, which is hereby established in the Air
Pollution Control Fund. The moneys deposited in the subaccount
pursuant to this section shall be available to the state board, upon
appropriation by the Legislature, for the purposes described in
subdivision (d).
(d) (1) The state board shall distribute the revenues that are
deposited in the subaccount pursuant to this section to each district
that the state board determines is directly impacted by emissions of
air contaminants from an electrical generating facility that meets
the criteria described in subdivision (a), in the proportion that the
state board determines that the district is impacted.
(2) A district receiving revenues pursuant to paragraph (1) shall
utilize those moneys to fund projects within its jurisdiction that
the district determines will mitigate the environmental or health
impacts of electrical generating facilities meeting the criteria of
subdivision (a). The district may not expend more than 10 percent of
the moneys it receives from the state board pursuant to paragraph (1)
for administrative costs.
(e) For the purposes of this section, "electrical generating
facility" means every electrical generating unit of a powerplant that
is located at a common site in Mexico. If more than one electrical
generating unit exists at a powerplant project, all of the electrical
generating units shall be deemed to be part of one electrical
generating facility.