BILL NUMBER: SB 31 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Pavley
(Principal coauthor: Assembly Member Huffman)
DECEMBER 2, 2008
An act to amend Section 38597 of the Health and Safety Code,
relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
SB 31, as introduced, Pavley. California Global Warming Solutions
Act of 2006: revenue allocations.
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 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
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 require that revenues collected pursuant to
compliance mechanisms adopted by the state board also be deposited in
the Air Pollution Control Fund. This bill would specify certain uses
of the revenues collected pursuant to the fee discussed above and
the compliance mechanisms.
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. The Legislature finds and declares all of the
following:
(a) The Legislature enacted the California Global Warming
Solutions Act of 2006 (the act) in an effort to curb climate-changing
greenhouse gases that pose a serious threat to the economic
well-being, public health, natural resources, and environment of
California.
(b) The act requires the State Air Resources Board, to the maximum
extent feasible, to direct public and private investment toward the
most disadvantaged communities in California and provide an
opportunity for small businesses, schools, affordable housing
associations, and other community institutions to participate in and
benefit from statewide efforts to reduce greenhouse gas emissions.
(c) The act also directs the state board to create policies,
programs, and regulations that maximize benefits for California's
economy, improve and modernize California's energy infrastructure and
maintain electric system reliability, maximize additional
environmental and economic cobenefits for California, and complement
the state's efforts to improve air quality.
(d) The state board estimates that efforts to reduce greenhouse
gas emissions and develop new green technology would boost economic
production by twenty-seven billion dollars ($27,000,000,000) and
create approximately 100,000 jobs in California. The state board also
states that air pollution improvements under the act will provide
broad public health benefits, including reductions in premature
death, respiratory disease, asthma, and worker absenteeism attributed
to health problems.
(e) In the process of implementing the act, policy bodies that are
carrying out or advising on its implementation, including the state
board, the State Energy Resources Conservation and Development
Commission, the Public Utilities Commission, the Environmental
Justice Advisory Committee, the Economic and Technology Advancement
Advisory Committee, and the Market Advisory Committee all recommend
some form of fees, auctions, or other revenue sources to carry out
the provisions of the act.
(f) It is the Legislature's role and responsibility to ensure that
expenditures of public funds reflect the policy priorities and
public interests of the people of California.
SEC. 2. Section 38597 of the Health and Safety Code is amended to
read:
38597. The state board may adopt by regulation, 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,
or pursuant to compliance mechanisms adopted by the state board,
shall be deposited into the Air Pollution Control Fund and are
available , upon appropriation , by the
Legislature, for purposes of carrying out this division ,
including, but not limited to, all of the following:
(a) The costs of administering this
division.
(b) Renewable energy and ene
rgy efficiency programs that reduce greenhouse gas emissions,
particularly those programs focusing on low-income consumers.
(c) Investments in technologies to
reduce greenhouse gas emissions, including research, development, and
demonstration and deployment, especially technologies
that provide pollution reduction cobenefits.
(d) Green jobs development and training
that will reduce greenhouse gas emissions .