BILL NUMBER: AB 2329 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 26, 2010
AMENDED IN ASSEMBLY APRIL 8, 2010
INTRODUCED BY Assembly Members Ruskin and Chesbro
FEBRUARY 19, 2010
An act to amend Section 12891 of the Government Code, and to add
Part 5 (commencing with Section 71400) to Division 34 of the Public
Resources Code, relating to environmental protection.
LEGISLATIVE COUNSEL'S DIGEST
AB 2329, as amended, Ruskin. Environmental protection: greenhouse
gas emissions: Climate Action Team.
The California Global Warming Solutions Act of 2006 requires the
State Air Resources Board (state 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 (GHG) emissions limit equivalent to the
statewide GHG emissions levels 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 GHG emission reductions. The act requires all
state agencies to consider and implement strategies to reduce their
GHG emissions.
This bill would create the Climate Action Team (CAT), under the
direction of the Secretary for Environmental Protection and
consisting of representatives from specified state agencies, that
would be responsible for coordinating the state's overall climate
policy, identifying and reviewing activities and funding programs,
recommending policies, investment strategies, and priorities, and
providing information to local governments and regional agencies.
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 12891 of the Government Code is amended to
read:
12891. For purposes of this chapter, the following terms have the
following meanings:
(a) "Agency" means the California Environmental Protection Agency.
(b) "Climate Action Team" means the Climate Action Team
established pursuant to Section 71402 of the Public Resources Code.
(c) "GHG" means greenhouse gas as defined in subdivision (g) of
Section 38505 of the Health and Safety Code.
(d) "GHG emission reduction target" means a requirement made
applicable to that a state agency by an
action taken by the State Air Resources Board pursuant to Division
25.5 (commencing with Section 38500) of the Health and Safety Code.
(e) "Secretary" means the Secretary for Environmental Protection.
(f) "Sector" means an industrial, resources, or administrative
domain that should be addressed as an integrated whole for the
purposes of climate change planning.
(g) "State agency" means a member of the Climate Action Team, a
state office, department, division, bureau, board, or commission
whose operations or programs result in greenhouse gas emissions that
are subject to Division 25.5 (commencing with Section 38500) of the
Health and Safety Code, and any other state agency, as determined by
the secretary.
SEC. 2. Part 5 (commencing with Section 71400) is added to
Division 34 of the Public Resources Code, to read:
PART 5. State Climate Change Action Team Act of 2010
71400. This part shall be known as the State Climate Change
Action Team Act of 2010.
71401. The Legislature finds and declares all of the following:
(a) California is a world leader in efforts to reduce greenhouse
gases, to assess, adapt to, and mitigate the effects of climate
change, and to promote clean alternative technologies to improve the
state's economy and the protection of to
protect public health and the environment.
(b) The California Global Warming Solutions Act of 2006 (Division
25.5 (commencing with Section 38500) of the Health and Safety Code)
provides a process for the establishment of a statewide greenhouse
gas emission limit and a process for the adoption of regulations to
achieve the maximum technologically feasible and cost-effective
greenhouse gas emission reductions. That act also directs the Climate
Action Team to coordinate the overall climate policy as provided in
Executive Order No. S-3-05 and for all state agencies to consider and
implement strategies to reduce their greenhouse gas emissions.
(c) California currently invests hundreds of millions of dollars
in research funds for air quality, transportation, electricity,
natural gas, water, and other types of research, development,
demonstration, and deployment projects that could contribute to the
achievement of statewide greenhouse gas emission reductions, or to
the effective adaptation to unavoidable climate change.
(d) More effective coordination of existing programs and funding
by the state can improve the achievement of statewide greenhouse gas
emission reductions, the protection of
protect the state's infrastructure, communities, and natural
resources from the impacts of climate change, and provide economic
and job growth through the development and support of a strong clean
technology industry.
(e) Due to the global nature of the causes and impacts of climate
change, it is imperative for California to consult with other states,
the federal government, and other nations to identify the most
effective strategies and methods to reduce greenhouse gases, adapt to
ongoing and future climate change, coordinate climate change
research efforts, and to facilitate the
development of integrated and cost-effective regional, national, and
international climate change programs.
71402. (a) The Climate Action Team is hereby established in state
government and shall consist of the following members:
(1) The Secretary for Environmental Protection, who shall serve as
the chairperson of the Climate Action Team, and who shall coordinate
oversight of the state agencies'
efforts made to meet the greenhouse gas emission reduction targets
established pursuant to the Global Warming Solutions Act of 2006
(Division 25.5 (commencing with Section 38500) of the Health and
Safety Code).
(2) The Secretary of the Natural Resources Agency.
(3) The Chairperson of the State Air Resources Board.
(4) The Chairperson of the State Energy Resources Conservation and
Development Commission.
(5) The President of the Public Utilities Commission.
(6) The Secretary of Business, Transportation and Housing.
(7) The Secretary of Food and Agriculture.
(8) The Secretary of State and Consumer Services.
(9) The Secretary of California Health and Human Services.
(10) The Director of the Office of Planning and Research.
(11) The Secretary for Labor and Workforce Development.
(b) Upon the determination of the Secretary for Environmental
Protection, ex officio representatives from other state departments
may be added to the Climate Action Team as necessary to provide
assistance and expertise in particular subject areas.
(c) Multiagency staff working groups may be formed by the Climate
Action Team to provide technical support for the work of the team in
individual sectors. Sectors may include, but is
are not limited to, agriculture, biodiversity and habitat,
forestry, energy, land use, coastal and delta resources, regional
and international policy development, state operations, water, and
climate change research.
71403. Consistent with the California Global Warming Solutions
Act of 2006 (Division 25.5 (commencing with Section 38500) of the
Health and Safety Code) and Executive Order No. S-3-05, the Climate
Action Team, under the direction of the Secretary for Environmental
Protection, shall coordinate climate policy of the state to achieve
all of the following goals:
(a) The maximum feasible and cost-effective reduction of
greenhouse gas emissions through the implementation by the State
Air Resources Board of the California Global Warming Solutions
Act of 2006 (Division 25.5 (commencing with Section 38500) of the
Health and Safety Code).
(b) The promotion of economic and job growth in California through
workforce development and the encouragement and support of clean
technology development and deployment to meet the state's climate
change goals and greenhouse gas emission reduction targets and
limits.
(c) The identification of unavoidable climate change impacts to
California's natural resources and infrastructure.
(d) The development and implementation of mitigation and
adaptation plans to protect the natural resources, public health and
welfare, and economy of California.
(e) The coordination of climate change policies with other states,
the federal government, and other nations to identify the most
effective strategies and methods to reduce greenhouse gases, adapt to
ongoing and future climate change, coordinate climate change
research efforts, and facilitate the development of integrated and
cost-effective regional, national, and international climate change
programs.
(f) The coordination and efficient use of existing state
resources, programs, and funds to achieve the goals identified in
this section.
71404. The Climate Action Team, under the direction of the
Secretary for Environmental Protection, shall do all of the
following:
(a) Identify and review activities, funding programs, and other
revenue of state agencies that may be coordinated to meet the goals
of Section 71403.
(b) Recommend policies, investment strategies, and priorities to
meet the goals of Section 71403.
(c) Provide information to local governments and regional
activities that will assist in addressing the goals of Section 71403.
71405. (a) Each member of the Climate Action Team may appoint an
alternate or designee to attend meetings or hearings of the Climate
Action Team in that member's place.
(b) Notwithstanding Section 7.5 of the Government Code, each
designee shall act as the member in his or her place and stead to all
intents and purposes as though the member were personally present,
including the right of the designee to be counted in constituting a
quorum to participate in any proceeding of the Climate Action Team
and to vote upon any and all matters.
(c) Each designee shall have the right to represent the member who
appointed him or her regardless of the number of other designees
representing the chair, director, president, or secretaries, at a
particular meeting or session of the Climate Action Team. Each
designee shall represent only one member at any meeting or session of
the Climate Action Team.
(d) The Climate Action Team may shall
hold duly noticed public meetings and workshops to solicit
comments from the public prior to recommending policies, investment
strategies, and priority priorities in
accordance with subdivision (b) of Section 71404. Except as
provided in this subdivision, the Climate Action Team shall not be
required to conduct its meetings open to the public in accordance
with Article 9 (commencing with Section 11120) of Chapter 1 of Part 1
of Division 3 of Title 2 of the Government Code. A
meeting of the Climate Action Team, including a meeting related to
the coordination of the multiagency efforts to meet the greenhouse
gas emission reduction targets and activities related to the
California Global Warming Solutions Act of 2006 (Division 25.5
(commencing with Section 38500) of the Health and Safety Code), shall
be subject to the Bagley-Keene Open Meeting Act (Article
9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division
3 of Title 2 of the Government Code). For the purposes of this
subdivision, "meeting" does not include a meeting at which the
secretaries serving as members of the Climate Action Team are meeting
as members of the Governor's cabinet.