BILL ANALYSIS
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THIRD READING
Bill No: SB 104
Author: Oropeza (D), et al
Amended: 4/30/09
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 5-2, 4/27/09
AYES: Simitian, Corbett, Hancock, Lowenthal, Pavley
NOES: Runner, Ashburn
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : California Global Warming Solutions Act of
2006:
Greenhouse gases
SOURCE : Author
DIGEST : This bill makes changes to the definition of
"greenhouse gases" and makes other clarifying changes to
provisions of the California Global Warming Solutions Act
of 2006.
ANALYSIS :
Existing law, under the California Global Warming Solutions
Act of 2006 (Act):
1. Requires the California Air Resources Board (ARB) to
determine the 1990 statewide greenhouse gas (GHG)
emissions level and approve a statewide GHG emissions
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limit that is equivalent to that level, to be achieved
by 2020. ARB must adopt regulations for reporting and
verification of GHG emissions, monitoring and compliance
with the program, and achieving GHG emission reductions
from sources or categories of sources by January 1,
2011, to be operative on January 1, 2012, subject to
certain requirements. (Health and Safety Code 38500 et
seq.).
2. Contains definitions for certain terms, and defines
"greenhouse gases" to include carbon dioxide, methane,
nitrous oxide, hydrofluorocarbons, perfluorocarbons, and
sulfur hexafluoride.
This bill:
1. Adds "nitrogen trifluoride" under the definition of
"greenhouse gases," as well as any other gas designated
as a GHG by the United Nations Framework Convention on
Climate Change and any amendments and protocols.
2. Provides that GHG emission limits and emission reduction
measures are not required to be adopted by the ARB by
January 1, 2011, for a GHG designated by the United
Nations Framework Convention on Climate Change and any
amendments and protocols.
3. Requires the ARB to adopt emission limits and emission
reduction measures for a gas designated as a greenhouse
gas by the United Nations Framework Convention on
Climate Change or by the ARB within two years of a
designation as a greenhouse gas.
Please refer to the Senate Environmental Quality Committee
analysis for a full discussion on the definition of
Greenhouse Gas.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 5/19/09)
American Federation of State, County and Municipal
Employees, AFL-CIO
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Sierra Club California
Union of Concerned Scientists
The Coalition for Clean Air
American Lung Association
Center for Energy Efficiency and Renewable Technologies
OPPOSITION : (Verified 5/19/09)
CalChamber
ARGUMENTS IN SUPPORT : The author's office cites two 2008
studies regarding nitrogen trifluoride (NF3) and notes that
NF3 "was not widely used in the 1990s when the Kyoto
Protocol was negotiated, and until these two studies were
released many in science, industry and government believed
that NF3 was a harmless replacement to other damaging gases
used by industries."
According to the author's office, studies found that NF3
has a global warming potential 17,000 times greater than
CO2, persists in the atmosphere 550 years, and is used in
the manufacture of several consumer items, including
photovoltaic solar panels, LCD television screens, and
microprocessors.
ARGUMENTS IN OPPOSITION : The opponents do not believe it
is in the state's best interest to automatically shift
additional regulatory authority to the already expansive
authority and heavy workload of the California Air
Resources Board.
The opponents content that the AB 32 implementation process
has revealed the many complex issues involved with
regulating greenhouse gas emissions. The opponents are
concerned that additional requirements and regulatory
measures will take time away from the crucial measures
being developed now.
The opponents contend that adding new sources to be
regulated, without first determining the significance of
their contribution to statewide emissions and before giving
appropriate direction to the regulatory agency, is
unnecessary and unwise. The opponents believe that prior
to giving regulatory authority to any agency, the
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legislature should review United Nations Convention
decisions on particular emission sources, debate the issues
surrounding regulation of those emissions, and make fully
informed policy decisions for the good of California.
TSM:do 5/19/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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