BILL NUMBER: AB 2691	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 6, 2010

INTRODUCED BY   Assembly Member Hall

                        FEBRUARY 19, 2010

   An act to amend Sections 38594 and 38598 of, and to add Section
38598.5 to, the Health and Safety Code, relating to air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2691, as amended, Hall. California Global Warming Solutions Act
of 2006: fees.
   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 adopt 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 emission
reductions. The act authorizes the state board to adopt by
regulation, after a public workshop, a schedule of fees to be paid by
the sources of greenhouse gas emissions regulated pursuant to the
act. The fee revenues are deposited into the Air Pollution Control
Fund and are available, upon appropriation by the Legislature, for
purposes of carrying out the act. The state board is authorized to
adopt market-based compliance mechanisms, as defined, meeting
specified requirements to be used for compliance with those
regulations.
   This bill would prohibit a state agency, city, county, city and
county, air pollution control or air quality management district, or
another political subdivision of the state from imposing a greenhouse
gas emissions fee, whether emissions-based or otherwise, on a source
of greenhouse gas emissions that is  included in 
 subject to either  a market-based compliance mechanism
 and   or  a fee regulation adopted by the
state board.  The bill would require the state board to
transfer, upon appropriation by the Legislature, to an air pollution
control or air quality management district $1 for every $1 expended
by that district in providing requested assistance to the state
board. 
   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 38594 of the Health and Safety Code is amended
to read:
   38594.  Except as provided in Section 38598.5, nothing in this
division shall limit or expand the existing authority of any
district, as defined in Section 39025.
  SEC. 2.  Section 38598 of the Health and Safety Code is amended to
read:
   38598.  (a) Except as provided in Section 38598.5, nothing in this
division shall limit the existing authority of a state entity to
adopt and implement greenhouse gas emissions reduction measures.
   (b) Nothing in this division shall relieve any state entity of its
legal obligations to comply with existing law or regulation.
  SEC. 3.  Section 38598.5 is added to the Health and Safety Code, to
read:
   38598.5.  (a)  (1)    A state
agency, city, county, city and county, district as defined in Section
39025, or another political subdivision of the state shall not
impose a greenhouse gas emissions fee, whether emissions-based or
otherwise, on a source of greenhouse gas emissions that is 
included in both   subject to either  of the
following: 
   (A) 
    (1)  A market-based compliance mechanism established by
the state board pursuant to Section 38570. 
   (B) 
    (2)  A fee regulation adopted by the state board
pursuant to Section 38597. 
   (2) Paragraph (1) 
    (b)     Subdivision   (a) 
does not apply to a fee adopted solely to mitigate for, or pay the
administrative costs relating to, air pollutants not including
greenhouse gases, if legal authority exists for the imposition of
that fee. 
   (b) Whenever a district, as defined in Section 39025, provides
information, support, analysis, or another type of assistance
requested by the state board, in connection with the state board's
duties under this division, the state board, upon appropriation by
the Legislature, shall transfer to that district one dollar ($1) for
every dollar expended by that district in providing the requested
assistance.